Common use of Contract Assurances Clause in Contracts

Contract Assurances. The following clauses pertaining to compliance with 49 CFR Part 26 are incorporated into and are a part of this Agreement, upon its award by the County, and are hereby incorporated into the terms of the Consultant's solicitations, subcontracts, material supply contracts and purchase orders. In the event the following clauses conflict with any other terms or provisions of this Agreement, or any of the terms of the Consultant's solicitations, subcontracts, material supply contracts and purchase orders, the clauses set forth in this Section shall control. 9.2.1 Compliance monitoring will be conducted to determine if the Consultant and its subconsultants are complying with the requirements of the DBE Program. Failure of the Consultant to comply with this provision may result in the County imposing penalties or sanctions pursuant to the provisions of the DBE regulation, 49 CFR Part 26 and the County's Business Opportunity Act of 2012, Ordinance 2012-33, as may be amended from time to time. Contract compliance will encompass monitoring for contract dollar achievement and DBE utilization. The OESBD shall have the authority to audit and monitor all contracts and contract related documents pertaining to Broward County projects. 9.2.2 The Consultant shall be responsible for ensuring proper documentation with regard to its utilization and payment of DBE subconsultants. 9.2.3 The Consultant agrees to submit a Monthly DBE Utilization Report, Exhibit C-3, to the Contract Administrator with a copy to the OESBD, on DBE participation, which shall contain a record of payments made to its DBE subconsultants. 9.2.4 The Consultant agrees to submit a Final DBE Utilization Report, Exhibit C-4, containing the total amount paid to its DBE subconsultants. This report must be submitted with the Consultant's request for final payment and release of retainage. 9.2.5 Nondiscrimination – The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.