Common use of MWBE COMPLIANCE Clause in Contracts

MWBE COMPLIANCE. 2.17.1 Contractor shall comply with the City’s Minority and Women Business Enterprise (“MWBE”) programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances and the applicable Office of Business Opportunity’s (“OBO”) Policies and Procedures. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least % of the value of this Agreement to MWBEs (“Stated MWBE goal”). If the Contractor is a certified MBE or WBE, Contractor may count toward goals the work that it commits to perform with its own work force, capped at 50% of the total advertised goal. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with OBO and will comply with them 2.17.2 For purposes of this paragraph, “Contract Year” means a twelve (12) month period during the term of the contract commencing on the Effective Date of this Agreement and each annivers ary thereof. If the term of this Agreement exceeds one Contract Year and Contractor’s MWBE participation level in a Contract Year is less than the Stated MWBE goal, then within 30 calendar days of the end of each Contract Year Contractor must provide a written explanation to both the Director and Office of Business Opportunity Director (“OBO Director”) of the following: (1) the discrepancy between Contractor’s MWBE participation level and the Stated MWBE goal, (2) the reason for the discrepancy, and (3) Contractor’s good faith efforts (in accordance with the City’s policy) towards achieving the Stated MWBE goal. As part of the good faith efforts assessment, the OBO Director may consider Contractor’s failure to timely submit the notice or explanation required by this provision and the OBO Director may impose sanctions or other penalties on Contractor for said failures in accordance with Chapter 15 of the Code of Ordinances, OBO’s policies and procedures, and the City’s good faith efforts policy. 2.17.3 Contractor shall maintain records showing: 2.17.3.1 Subcontracts and supply agreements with Minority Business Enterprises; 2.17.3.2 Subcontracts and supply agreements with Women Business Enterprises; Subcontracts and supply agreements with Small Business Enterprises (if any); 2.17.3.3 Written confirmation from MWBE subcontractors and suppliers that they are participants on the contract; and 2.17.3.4 Specific efforts to identify and award subcontracts and supply agreements to MWBEs. Contractor shall submit periodic reports of its efforts under this Section to the OBO Director in the form and at the times he or she prescribes 2.17.4 Contractor shall ensure that all subcontracts with MWBE subcontractors and suppliers contain the following terms: 2.17.4.1 [Name of MWBE subcontractor] shall permit representatives of the City of Houston, at all reasonable times, to perform (1) audits of the books and records of the subcontractor, and (2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations. 2.17.4.2 Within five (5) business days of execution of this subcontract, Contractor [prime contractor] and Subcontractor shall designate, in writing, to the City of Houston's OBO Director ("the OBO Director") an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street, mailing address, phone number, and email address of such agent. 2.17.4.3 After reasonable attempt(s) to resolve disputes between the parties involving the terms, covenants, or conditions of this subcontract, a request for dispute resolution may be submitted to the Director. The Director may prescribe procedures to provide dispute resolution services in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances

MWBE COMPLIANCE. 2.17.1 Contractor shall comply with the City’s 's Minority and Women Business Enterprise Enterprises (“"MWBE”") programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances and the applicable Office of Business Opportunity’s (“OBO”) Policies and Procedures. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least 37% of the value of this Agreement to MWBEs MWBEs, consisting of 29% Minority Business Enterprises and 8% Women Business Enterprises (“Stated MWBE goalGoal”). If the Contractor is a certified MBE or WBE, Contractor may count toward goals the work that it commits to perform with its own work force, capped at 50% of the total advertised goalStated MWBE Goal. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with OBO and will comply with them. 2.17.2 A. For purposes of this paragraph, “Contract Year” means a twelve (12) month period during the term of the contract commencing on the Effective Date of this Agreement and each annivers ary anniversary thereof. If the term of this Agreement exceeds one Contract Year and Contractor’s MWBE participation level in a Contract Year is less than the Stated MWBE goalGoal, then within 30 calendar days of the end of each Contract Year Contractor must provide a written explanation to both the Director and Office of Business Opportunity Director (“OBO Director”) of the following: (1) the discrepancy between Contractor’s MWBE participation level and the Stated MWBE goalGoal, (2) the reason for the discrepancy, and (3) Contractor’s good faith efforts (in accordance with the City’s policy) towards achieving the Stated MWBE goalGoal. As part of the good faith efforts assessment, the OBO Director may consider Contractor’s failure to timely submit the notice or explanation required by this provision and the OBO Director may impose sanctions or other penalties on Contractor for said failures in accordance with Chapter 15 of the Code of Ordinances, OBO’s policies and procedures, and the City’s good faith efforts policy. 2.17.3 B. Contractor shall maintain records showing: 2.17.3.1 1. Subcontracts and supply agreements with Minority Business Enterprises; 2.17.3.2 2. Subcontracts and supply agreements with Women Business Enterprises; ; 3. Subcontracts and supply agreements with Small Business Enterprises (if any); 2.17.3.3 4. Written confirmation from MWBE subcontractors and suppliers that they are participants on the contract; and 2.17.3.4 5. Specific efforts to identify and award subcontracts and supply agreements to MWBEs. Contractor shall submit periodic reports of its efforts under this Section to the OBO Director in the form and at the times he or she prescribes. 2.17.4 C. Contractor shall ensure that all subcontracts with MWBE subcontractors and suppliers contain the following terms: 2.17.4.1 1. [INSERT Name of MWBE subcontractor] shall permit representatives of the City of Houston, at all reasonable times, to perform (1) audits of the books and records of the subcontractor, and (2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations. 2.17.4.2 2. Within five (5) business days of execution of this subcontract, Contractor [prime contractor] and Subcontractor shall designate, designate in writing, writing to the City of Houston's OBO ’s Office of Business Opportunity Director ("the “OBO Director"”) an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street, mailing address, phone number, and email address of such agent. 2.17.4.3 3. After reasonable attempt(s) to resolve disputes between the parties involving the terms, covenants, or conditions of this subcontract, a request for dispute resolution may be submitted to the DirectorDirector for dispute resolution. The Director may prescribe procedures to provide dispute resolution services in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances.

MWBE COMPLIANCE. 2.17.1 Contractor shall comply with the City’s Minority and Women Business Enterprise (“MWBE”) programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances and the applicable Office of Business Opportunity’s (“OBO”) Policies and Procedures. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least 25% of the value of this Agreement to MWBEs (“Stated MWBE goal”). If the Contractor is a certified MBE or WBE, Contractor may count toward goals the work that it commits to perform with its own work force, capped at 50% of the total advertised goal. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with OBO and will comply with them 2.17.2 For purposes of this paragraphSection, “Contract Agreement Year” means a twelve (12) month period during the term of the contract Agreement commencing on the Effective Date of this Agreement and each annivers ary anniversary thereof. If the term of this Agreement exceeds one Contract Agreement Year and Contractor’s MWBE participation level in a Contract Agreement Year is less than the Stated MWBE goal, then within 30 calendar days of the end of each Contract Agreement Year Contractor must provide a written explanation to both the Director and Office of Business Opportunity Director (“OBO Director”) of the following: (1) the discrepancy between Contractor’s MWBE participation level and the Stated MWBE goal, (2) the reason for the discrepancy, and (3) Contractor’s good faith efforts (in accordance with the City’s policy) towards achieving the Stated MWBE goal. As part of the good faith efforts assessment, the OBO Director may consider Contractor’s failure to timely submit the notice or explanation required by this provision and the OBO Director may impose sanctions or other penalties on Contractor for said failures in accordance with Chapter 15 of the Code of Ordinances, OBO’s policies and procedures, and the City’s good faith efforts policy. 2.17.3 Contractor shall maintain records showing: 2.17.3.1 Subcontracts and supply agreements with Minority Business Enterprises; 2.17.3.2 Subcontracts and supply agreements with Women Business Enterprises; Subcontracts and supply agreements with Small Business Enterprises (if any); 2.17.3.3 Written confirmation from MWBE subcontractors and suppliers that they are participants on the contractAgreement; and 2.17.3.4 Specific efforts to identify and award subcontracts and supply agreements to MWBEs. Contractor shall submit periodic reports of its efforts under this Section to the OBO Director in the form and at the times he or she prescribes 2.17.4 Contractor shall ensure that all subcontracts with MWBE subcontractors and suppliers contain the following terms: 2.17.4.1 [Name of MWBE subcontractor] shall permit representatives of the City of Houston, at all reasonable times, to perform (1) audits of the books and records of the subcontractor, and (2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations. 2.17.4.2 Within five (5) business days of execution of this subcontract, Contractor [prime contractor] and Subcontractor shall designate, in writing, to the City of Houston's OBO Director ("the OBO Director") an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street, mailing address, phone number, and email address of such agent. 2.17.4.3 After reasonable attempt(s) to resolve disputes between the parties involving the terms, covenants, or conditions of this subcontract, a request for dispute resolution may be submitted to the Director. The Director may prescribe procedures to provide dispute resolution services in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances