Common use of Review of Developer's Report of Solicitation Results Clause in Contracts

Review of Developer's Report of Solicitation Results. a. Within seven (7) calendar days of receiving a Report for review, the UG, based on its review of the Report, shall advise Developer whether it appears that, in light of Developer's indication of the Proposers to whom it intends to award contracts, Developer will meet the goals set forth in the Project Utilization Plan or if not, whether Developer has established Best Efforts to meet these goals, and shall state the reasons for this conclusion, referring to the specific Best Efforts criteria contained in Section III.C.3.b. below. As a part of its review, the UG may ascertain whether LBE/MBE/WBE subcontractors agree with the dollar value of the work and the scope of the work, as identified in the proposal. b. For each Project Utilization Plan goal that is not achieved, Developer shall be deemed to have used "Best Efforts" to meet the Project Utilization Plan goals for construction and Professional Services set forth in Section III.A.1. of this Exhibit if Developer shall have taken substantially all the following actions: i. Developer is seeking or has sought timely assistance of the UG to identify qualified LBEs, MBEs, and WBEs; ii. Developer is advertising or has advertised contract opportunities in local, minority, and women media; iii. Developer is providing or has provided reasonable written notice of opportunities and informational meetings to approved LBEs, MBEs, and WBEs; iv. Developer is following up or has followed up initial solicitations of interest by contacting LBEs, MBEs, and WBEs; v. Developer is segmenting or has segmented portions of the work to increase the likelihood of LBE/MBE/WBE participation, where feasible; vi. Developer is providing or has provided interested LBEs, MBEs, and WBEs with timely and accurate information about the plans, specifications, requirements, deadlines, and bidding procedures of the contracts; vii. Developer is negotiating or has negotiated in good faith with interested LBEs, MBEs, and WBEs, not rejecting them as unqualified without sound reasons, based on a thorough review of their capabilities and prior work histories; viii. If applicable, Developer is seeking or has sought to educate and assist LBEs, MBEs, and WBEs in obtaining bonding, lines of credit, or insurance required to perform the contract; and ix. Developer is working or has worked with local, minority, and women contracting, professional, civic, and community organizations, government

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Cooperative and Development Agreement

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Review of Developer's Report of Solicitation Results. a. Within seven (7) calendar days of receiving a Report for review, the UG, based on its review of the Report, shall advise the Developer whether it appears that, in light of Developer's the Report submitter’s indication of the Proposers to whom it intends to award contracts, Developer the Report submitter will meet the goals projections for work to be performed by LBEs. MBEs and WBEs set forth in the Project Construction Utilization Plan or if not, whether Developer the Report submitter has established Best Efforts reasonable efforts to meet these goals, and shall state the reasons for this conclusion, referring to the specific Best Efforts efforts criteria contained in Section III.C.3.b. III.C.3.b below. As a part of its review, the UG may ascertain whether LBE/MBE/, MBE or WBE subcontractors agree with the dollar Dollar value of the work and the scope of the work, as identified in the proposal. b. For each Project Construction Utilization Plan goal projection that is not achieved, Developer it shall be deemed to have used "Best Efforts" demonstrated that the following reasonable efforts were made to meet the Project Utilization Plan goals for construction Construction and Professional Services set forth in Section III.A.1III.A.1.a. of this Exhibit if Developer shall have taken substantially all the following actionsAgreement: i. Developer is seeking or has sought (1) timely assistance of the UG to identify qualified LBEs, MBEs, MBEs and WBEs; ii. Developer WBEs is advertising being or has advertised been sought of the UG, (2) contract opportunities are being or have been advertised in local, minority, minority and women media; iii. Developer is providing or has provided (3) reasonable written notice of opportunities and informational meetings is being or has been provided to approved LBEs, MBEs, LBEs MBEs and WBEs; iv. Developer is following up or has followed up (4) initial solicitations of interest by contacting LBEs, MBEs, MBEs and WBEs; v. Developer WBEs is segmenting being or has segmented been followed up: (5) portions of the work are being or have been segmented to increase the likelihood of LBE/MBE/, MBE and WBE participation, where practically feasible; vi. Developer is providing or has provided (6) interested LBEs, MBEs, MBEs and WBEs are being or have been provided with timely and accurate information about the plans, specificationsspecification, requirements, deadlines, and bidding procedures of the contracts; vii. Developer is negotiating or has negotiated in good faith with (7) interested LBEs, MBEs, MBEs and WBEsWBEs are being or have been negotiated with in good faith, not rejecting them as unqualified without sound reasons, based on a thorough review of their capabilities and prior work historiescapabilities; viii. If applicable, Developer is seeking or has sought to educate and assist (8) LBEs, MBEs, MBEs and WBEs are being or have been assisted and educated in obtaining bonding, lines of credit, credit or insurance required to perform the contract; and ix. Developer is working or has worked with (9) local, minority, minority and women contracting, professional, civic, civic and community organizations, governmentgovernment officers and any other organization or persons, as identified by the UG, are being or have been worked with to provide assistance in the recruitment of LBEs, MBEs and WBEs. (10) this documentation shall be provided in order for all related pay applications to be processed.

Appears in 1 contract

Samples: Development Agreement (Pinnacle Entertainment Inc)

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Review of Developer's Report of Solicitation Results. a. Within seven (7) calendar days of receiving a Report for review, the UG, based on its review of the Report, shall advise Developer whether it appears that, in light of Developer's indication of the Proposers to whom it intends to award contracts, Developer will meet the goals set forth in the Project Utilization Plan or if not, whether Developer has established Best Efforts to meet these goals, and shall state the reasons for this conclusion, referring to the specific Best Efforts criteria contained in Section III.C.3.b. below. As a part of its review, the UG may ascertain whether LBE/MBE/WBE subcontractors agree with the dollar value of the work and the scope of the work, as identified in the proposal.may b. For each Project Utilization Plan goal that is not achieved, Developer shall be deemed to have used "Best Efforts" to meet the Project Utilization Plan goals for construction and Professional Services set forth in Section III.A.1. of this Exhibit if Developer shall have taken substantially all the following actions: i. Developer is seeking or has sought timely assistance of the UG to identify qualified LBEs, MBEs, and WBEs; ii. Developer is advertising or has advertised contract opportunities in local, minority, and women media; iii. Developer is providing or has provided reasonable written notice of opportunities and informational meetings to approved LBEs, MBEs, and WBEs; iv. Developer is following up or has followed up initial solicitations of interest by contacting LBEs, MBEs, and WBEs; v. Developer is segmenting or has segmented portions of the work to increase the likelihood of LBE/MBE/WBE participation, where feasible; vi. Developer is providing or has provided interested LBEs, MBEs, and WBEs with timely and accurate information about the plans, specifications, requirements, deadlines, and bidding procedures of the contracts; vii. Developer is negotiating or has negotiated in good faith with interested LBEs, MBEs, and WBEs, not rejecting them as unqualified without sound reasons, based on a thorough review of their capabilities and prior work histories; viii. If applicable, Developer is seeking or has sought to educate and assist LBEs, MBEs, and WBEs in obtaining bonding, lines of credit, or insurance required to perform the contract; and ix. Developer is working or has worked with local, minority, and women contracting, professional, civic, and community organizations, government

Appears in 1 contract

Samples: Development Agreement

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