Liquidated Damages for Violation of the DBE Program. The Parties acknowledge and agree that CITY will incur costs if Consultant violates the DBE Program in one or more of the ways set forth below. The Parties further acknowledge and agree that the costs CITY might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, Consultant agrees to pay CITY liquidated damages at the rates set forth below for each specified violation of the DBE Program. Consultant further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss CITY will incur as a result of such violation and that such liquidated damages are not penal in nature but rather the parties attempt to fairly quantify the actual damages incurred by the CITY:
Liquidated Damages for Violation of the DBE Program. The Parties acknowledge and agree that Sponsor will incur costs if Consultant violates the DBE Program in one or more of the ways set forth below. The Parties further acknowledge and agree that the costs Sponsor might reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, Consultant agrees to pay Sponsor liquidated damages at the rates set forth below for each specified violation of the DBE Program. Consultant further agrees that for each specified violation the agreed upon liquidated damages are reasonably proximate to the loss Sponsor will incur as a result of such violation and that such liquidated damages are not penal in nature but rather the parties attempt to fairly quantify the actual damages incurred by Sponsor: (a) failing to utilize a DBE that was originally listed at bid opening or proposal submission in order to satisfy contract goals, or failing to allow such DBE to perform a commercially useful function, in violation of sections of the DBE program: one hundred percent (100%) of the amount originally counted for the DBE at bid opening or proposal submission; (b) modifying or eliminating all or a portion of the scope of work attributable to a DBE upon which the contract was awarded, in violation of the DBE Program: one hundred percent (100 %) of the amount of work modified or eliminated; (c) terminating a DBE originally listed/utilized as a subcontractor, joint venture, supplier, or manufacturer in order to be awarded the contract without obtaining prior approval by Sponsor for replacing such DBE with another DBE performing the same commercially useful function and dollar amount: one hundred percent (100%) of the amount originally counted for the DBE at bid opening or proposal submission; (d) participating in a conduit relationship with a DBE scheduled to perform work on contract: one hundred percent (100%) of the amount counted for the DBE at bid opening or proposal submission; or (e) failing to provide any documentation or written submissions required under the DBE program within the time period set forth therein: fifty dollars ($50.00) per day for each day that such documentation or written submission is overdue.
