Performance of DBE Consultants and Other DBE Subconsultants Sample Clauses

Performance of DBE Consultants and Other DBE Subconsultants. (i) A DBE firm may be terminated only with prior written approval from ALAMEDA CTC and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting ALAMEDA CTC consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. (ii) CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization from ALAMEDA CTC. (iii) A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a commercially useful function when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors. (iv) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, ALAMEDA CTC shall examine similar transactions, particularly those in which DBEs do not participate. (v) If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its agreement with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
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Performance of DBE Consultants and Other DBE Subconsultants. (i) CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains ALAMEDA CTC’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the ALAMEDA CTC. Unless the ALAMEDA CTC’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the proposal. ALAMEDA CTC authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications: (1) Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. (2) ALAMEDA CTC stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the ALAMEDA CTC’s bond requirements. (3) Work requires a consultant’s license and listed DBE does not have a valid license under Contractors License Law. (4) Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). (5) Listed DBE’s work is unsatisfactory and not in compliance with (6) Listed DBE is ineligible to work on the project because of (7) Listed DBE becomes bankrupt or insolvent. (8) Listed DBE voluntarily withdraws with written notice from the (9) Listed DBE is ineligible to receive credit for the type of work (10) Listed DBE owner dies or becomes disabled resulting in the (11) ALAMEDA CTC determines other documented good cause. (ii) CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with five (5) calendar days to respond to the notice and advise CONSULTANT and the ALAMEDA CTC of the reasons why the use of other forces or sources of materials should not occur. CONSULTANT’s request to use other forces or material sources must include: (1) One or more of the reasons listed in the preceding paragraph. (2) Notices from CONSULTANT to the DBE regarding the request. (3) Notices from the DBEs to CONSULTANT regarding the request. If a listed DBE is terminated or substituted, CONSULTANT must make goo...
Sample 1

Related to Performance of DBE Consultants and Other DBE Subconsultants

  • Solicitation of Employees, Consultants and Other Parties I agree that during the term of my Relationship with the Company, and for a period of twenty-four months immediately following the termination of my Relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company’s employees or consultants to terminate their relationship with the Company, or attempt to solicit, induce, recruit, encourage or take away employees or consultants of the Company, either for myself or for any other person or entity. Further, during my Relationship with the Company and at any time following termination of my Relationship with the Company for any reason, with or without cause, I shall not use any information rising to the level of a trade secret of the Company: (i) to attempt to negatively influence any of the Company’s clients or customers from purchasing Company products or services; (ii) to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly; or, (iii) to direct any of the Company’s clients or customers to purchase products and/or services – from any person, firm, corporation, institution or other entity in competition with the business of the Company.

  • Other Consultants The City reserves the right to employ other consultants in connection with the Work.

  • Consultant’s Contract Manager and Other Staffing Identified below are the following: (a) the Consultant’s contract manager for this Approved Service Order, and (b) the Consultant(s) and/or employee(s) of the Consultant who will be principally responsible for providing the services and deliverables. If an individual identified below does not have a current Form 700 on file with the City Clerk for a separate agreement with the City, and is required to file a Form 700, the Consultant must comply with the requirements of Subsection 17.2 of the Master Agreement, entitled “Filing Form 700.”

  • Subconsultants Whichever of the following is marked applies to this Approved Service Order: The Consultant can not use any subconsultants. The Consultant can use the following subconsultants to assist in providing the required services and deliverables: 2. 3.

  • Sub-Consultants All sub-consultants shall comply with each and every insurance provision of this Section 3.

  • Audits, Inspections, Visits and Other Duties FIIOC and FSC shall make available during regular business hours all records and other data created and maintained pursuant to this Contract for reasonable audit and inspection by the Trust, any agent or person designated by the Trust, or any regulatory agency having authority over the Trust. Upon reasonable notice by the Trust, FIIOC and FSC shall make available during regular business hours its facilities and premises employed in connection with its performance of this Contract for reasonable visits by the Trust, any agent or person designated by the Trust, or any regulatory agency having authority over the Trust. FSC shall also inform any agent or person designated by the Trust of the existence and results of any audit, inspection or visit by any regulatory agency having authority over the Trust. FSC shall help facilitate periodic reviews by the Fund’s independent auditors (e.g., SOC 1 reports). FSC shall also maintain a continuing awareness of significant emerging regulatory and legislative developments that may affect the Fund and adopt additional procedures for compliance with regulations if necessary. FSC shall consult with independent accountants, legal counsel, officers of the Fund, and the Fund Treasurer’s Office in establishing such policies.

  • Consultants Any and all consultant(s), sub-consultant(s), subcontractor(s), or agent(s) to the Architect.

  • City’s Right to Employ Other Consultants City reserves right to employ other consultants in connection with this Project.

  • Performance of Other Agreements Borrower shall observe and perform each and every term to be observed or performed by it pursuant to the terms of any agreement or instrument affecting or pertaining to the Property, including the Loan Documents.

  • Award of Construction Contract and Other Future Contracts 6.2.1 A-E is hereby informed that provisions of the Public Contract Code, the Political Reform Act of 1974, other statutes, regulations, and COUNTY policy prohibit, as an impermissible conflict of interest, the award of a contract for the construction of the project(s) on which A-E performed architectural-engineering services under this A-E CONTRACT. A-E is hereby informed that these statutes and regulations could also prohibit the award to A-E of design or other contracts on future phases related to tasks performed by A-E under this CONTRACT. This prohibition applies also to a subcontractor of or parent company of the firm that performed architectural-engineering tasks under this CONTRACT.