MBE/WBE Compliance. Consultant shall comply with the requirements of Article 5, Subtitle 28 et seq. of the Baltimore City Code, as amended from time to time, pertaining to Minority and Women's Business Enterprises. (MBE/WBE Requirements). The enforcement and interpretation of the MBE/WBE Requirements is vested in the Board. The Board may grant such exceptions and waivers of the MBE/WBE Requirements as it deems is in the best interest of the Baltimore City Public School System. Consultant's failure to comply fully with these requirements constitutes a breach of this Agreement, and entitles the Board, at its option, to terminate this Agreement immediately upon delivery of written notice of termination to Consultant. A consultant who fails to comply with any provisions pertaining to the above MBE/WBE requirements, including but not limited to the failure to provide required paperwork to demonstrate compliance with MBE/WBE requirements, is subject to any and all of the following penalties: (1) suspension of contract; (2) withholding of funds; (3) rescission of contract based on material breach; (4) refusal to accept a bid; (5) disqualification (debarment) of a bidder, contractor, or other business from eligibility for providing goods or services to the board for a period not to exceed 2 years; and (6) payment of liquidated damages. City Schools and Consultant acknowledge and agree that the Program will be damaged (including, but not limited to, loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources) if Consultant does not comply with the requirements of the MBE Program and related contract provisions. Because such damages would be difficult, if not impossible, to ascertain with precision, Consultant agrees that upon a determination by City Schools that Consultant failed to comply with one or more of the specified requirements of the MBE Program or related contract provisions, Consultant shall pay liquidated damages to City Schools calculated in accordance with the rates set forth below. Consultant expressly agrees that City Schools may withhold payment on any invoices as a set-off against liquidated damages owed. Consultant further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss City Schools is anticipated to incur as a result of such violation. City Schools may waive the liquidated damages payable under this section if City Schools determines, in City Schools’ sole ...
MBE/WBE Compliance. The Borrower shall at all times comply with Article 5 Subtitle 28 of the Baltimore City Code (2000 Edition) regarding Minority Business Enterprise (MBE) and Women’s Business Enterprise (WBE) and any other guidelines promulgated by the City of Baltimore guidelines with respect to the development and any construction and/or rehabilitation work undertaken by the Borrower during the term of the Loan. The Borrower shall sign such certificates as may be required by the Lender and shall demonstrate compliance with such requirements prior to commencement of with such requirements priority commencement of construction.
MBE/WBE Compliance. Tenant shall make good faith efforts to meet the following goals with respect to participation of Minority Business Enterprises/Woman- Owned Business Enterprises (“MBE/WBE”) in the design (including professional services) and construction of Tenant’s Improvements, respectively: (i) Design: 25% MBE and 5% WBE; and (ii) Construction: 26% MBE and 6% WBE. However, in consideration of the anticipated costs of the design and construction of the Concession, the City will accept a participation plan that meets a combined single Design and Construction goal of 26% MBE and 6% WBE participation, which participation may be achieved with any combination of construction and design contracts. The Special Conditions and related forms used by the City in its own procurements are attached hereto as Exhibit 9 and should be used by Tenant’s Contractors. Tenant must submit to the CMR completed Schedules C’s and D’s from its design and construction Contractors demonstrating their percentage MBE and WBE participation commitments, and their good faith efforts to achieve the foregoing goals if the commitments are less than those goals. Thereafter, Tenant must submit periodic reports to the CMR, in a form and frequency determined by the Commissioner, documenting its Contractors’ compliance with their commitments.
MBE/WBE Compliance. Grantee shall attain no less than a twenty-five percent (25%) Minority-Owned Business Enterprise (“MBE”) and a five percent (5%) Women-Owned Business Enterprise (“WBE”) utilization levels applicable to Grantee’s payment to outside contractors and subcontractors in relation to those activities designated hereunder as “Activities” (see the City’s Minority-Owned and Women-Owned Business Enterprise Procurement Program, the Code, Section 2-92-420 (et. seq.)). “MBE/WBE Activities” are, within the City, installation and construction services within customer buildings, outside buildings, and construction of buildings housing Approved Plants for Grantee’s District Cooling System, such MBE/WBE Activities to include, but not be limited to, installation, construction and repair of Distribution Facilities. Grantee shall furnish to the City Annual reports detailing its compliance with the provisions of this Section 15.09. If a report shows noncompliance with the MBE and WBE percentages, the City shall provide Grantee with notice of noncompliance. The Grantee shall use its best efforts to cure the noncompliance over a reasonable period following the notice.
MBE/WBE Compliance. Licensee shall make good faith efforts to meet the following goals with respect to participation of Minority Business Enterprises/Woman-Owned Business Enterprises (“MBE/WBE”) in the design and construction of Licensee’s Improvements, respectively:
MBE/WBE Compliance. Licensee shall make good faith efforts to meet the following goals with respect to participation of Minority Business Enterprises/Woman-Owned Business Enterprises (“MBE/WBE”) in the design and construction of Licensee’s Improvements (inclusive of labor and materials), respectively: (i) Design: 25% MBE and 5% WBE; and (ii) Construction: 26% MBE and 6% WBE. The Special Conditions and related forms used by the City in its own procurements are attached hereto as Exhibit 7 and should be used by Licensee’s Contractors. Licensee must submit to DCASE completed Schedules C’s and D’s from its design and construction Contractors demonstrating their percentage MBE and WBE participation commitments, and their good faith efforts to achieve the foregoing goals if the commitments are less than those goals. Thereafter, Licensee must submit periodic reports to DCASE, in a form and frequency determined by the Commissioner, documenting its Contractors’ compliance with their commitments. For all things relating to MBE/WBE compliance, those functions will be performed by the Commissioner and not the CPO. However, firms will be certified by DPS.
MBE/WBE Compliance. Tenant shall make good faith efforts to meet the following goals with respect to participation of Minority Business Enterprises/Woman-Owned Business Enterprises (“MBE/WBE”) in the design (including professional services) and construction of Tenant’s Improvements, respectively: (i) Design: 26% MBE and 6% WBE; and
MBE/WBE Compliance. Airport Network shall make good faith efforts to meet the following goals with respect to participation of Minority Business Enterprises/Woman-Owned Business Enterprises (“MBE/WBE”) in the design (including professional services) and construction of Airport Network’s Improvements, respectively:
MBE/WBE Compliance. The Office of M/WBE Contract Compliance has reviewed the amendment request noted above and recommends that the Board Approved Participation Plan be waived due to the nature of the agreement and in turn the lack of subcontracting opportunities.
MBE/WBE Compliance. The Office of Procurement Services has reviewed the proposed compliance plan and recommends a full waiver of the Board Approved MBE/WBE Contract Participation Plan due to the nature of the agreement (subscription service) and the exemption from competitive bidding.
