Common use of SBE Participation Clause in Contracts

SBE Participation. The Contractor understands that it is the policy of the Airport Authority that Certified SBEs should have the maximum practical opportunity to participate in the performance of contracts at the Airport. Accordingly, during the Term of this Agreement, the Contractor commits and agrees to Certified SBE (defined below) participation of at least [ %] in the goods or services provided under this Agreement (the “Certified SBE Commitment”). The Contractor hereby agrees, for the Term of this Agreement, to either (i) meet the Certified SBE Commitment or (ii) demonstrate that it has made all reasonable efforts to meet the Certified SBE Commitment, including all necessary and reasonable steps the Contractor takes to achieve the Certified SBE Commitment. Certified SBE participation toward the Certified SBE Commitment shall be measured as the total value of any goods or services provided by Certified SBEs under this Agreement, inclusive of all amendments, modifications and change orders. The Certified SBE Commitment may be met by the Contractor’s status as a Certified SBE, by joint venture with one or more Certified SBEs, by subcontracting a portion of the Agreement to one or more Certified SBEs, by purchasing materials used in the performance of the Agreement from one or more Certified SBEs, or by any combination of the foregoing. The Contractor’s failure to meet the Certified SBE Commitment or to provide the Airport Authority with sufficient documentation of the Contractor’s reasonable efforts to meet the Certified SBE commitment shall be sufficient cause for the Airport Authority to terminate this Agreement. If the Contractor has not met the Certified SBE Commitment, the Airport Authority has sole and absolute discretion to determine whether the Contractor has made all reasonable efforts to meet the Certified SBE Commitment. The Contractor must use any such forms as are required and made available by the Airport Authority to demonstrate that the Contractor has either met the Certified SBE Commitment or made all reasonable efforts to meet the Certified SBE Commitment. The Contractor may neither terminate a Certified SBE, reduce the scope of work to be performed by a Certified SBE, nor decrease the payment to a Certified SBE, without in each instance (i) having just cause (termination for convenience is not permissible); (ii) making all reasonable efforts to find another Certified SBE subcontractor to substitute for the original Certified SBE (these reasonable efforts must be directed at finding another Certified SBE to perform at least the same amount of work or service under the Agreement as the Certified SBE that was terminated, to the extent needed to meet the Contractor’s Certified SBE participation commitment); and (iii) receiving the prior written approval of the Airport Authority’s Chief Executive Officer or their designee in all instances. For purposes of this Agreement, a Certified SBE is a business that qualifies as a “Certified SBE” under the Airport Authority’s Procurement and Contracting Ordinance. Any waiver, inadvertent or otherwise, of this Section by the Airport Authority shall not be deemed to be a waiver for the remainder of the Term of this Agreement and shall not prohibit the Airport Authority from enforcing this Section with regard to subsequent defaults by the Contractor.

SBE Participation. The Contractor understands that it is the policy of the Airport Authority that Certified SBEs should have the maximum practical opportunity to participate in the performance of contracts at the Airport. Accordingly, during the Term of this Agreement, the Contractor commits and agrees to Certified SBE (defined below) participation of at least [ [25%] in the goods or services provided under this Agreement (the “Certified SBE Commitment”). The Contractor hereby agrees, for the Term of this Agreement, to either (i) meet the Certified SBE Commitment or (ii) demonstrate that it has made all reasonable efforts to meet the Certified SBE Commitment, including all necessary and reasonable steps the Contractor takes to achieve the Certified SBE Commitment. Certified SBE participation toward the Certified SBE Commitment shall be measured as the total value of any goods or services provided by Certified SBEs under this Agreement, inclusive of all amendments, modifications and change orders. The Certified SBE Commitment may be met by the Contractor’s status as a Certified SBE, by joint venture with one or more Certified SBEs, by subcontracting a portion of the Agreement to one or more Certified SBEs, by purchasing materials used in the performance of the Agreement from one or more Certified SBEs, or by any combination of the foregoing. The Contractor’s failure to meet the Certified SBE Commitment or to provide the Airport Authority with sufficient documentation of the Contractor’s reasonable efforts to meet the Certified SBE commitment shall be sufficient cause for the Airport Authority to terminate this Agreement. If the Contractor has not met the Certified SBE Commitment, the Airport Authority has sole and absolute discretion to determine whether the Contractor has made all reasonable efforts to meet the Certified SBE Commitment. The Contractor must use any such forms as are required and made available by the Airport Authority to demonstrate that the Contractor has either met the Certified SBE Commitment or made all reasonable efforts to meet the Certified SBE Commitment. The Contractor may neither terminate a Certified SBE, reduce the scope of work to be performed by a Certified SBE, nor decrease the payment to a Certified SBE, without in each instance (i) having just cause (termination for convenience is not permissible); (ii) making all reasonable efforts to find another Certified SBE subcontractor to substitute for the original Certified SBE (these reasonable efforts must be directed at finding another Certified SBE to perform at least the same amount of work or service under the Agreement as the Certified SBE that was terminated, to the extent needed to meet the Contractor’s Certified SBE participation commitment); and (iii) receiving the prior written approval of the Airport Authority’s Chief Executive Officer or their designee in all instances. For purposes of this Agreement, a Certified SBE is a business that qualifies as a “Certified SBE” under the Airport Authority’s Procurement and Contracting Ordinance. Any waiver, inadvertent or otherwise, of this Section by the Airport Authority shall not be deemed to be a waiver for the remainder of the Term of this Agreement and shall not prohibit the Airport Authority from enforcing this Section with regard to subsequent defaults by the Contractor.

SBE Participation. The Contractor understands that it is the policy of the Airport Authority that Certified SBEs should have the maximum practical opportunity to participate in the performance of contracts at the Airport. Accordingly, during the Term of this Agreement, the Contractor commits and agrees to Certified SBE (defined below) participation of at least [ [20%] in the goods or services provided under this Agreement (the “Certified SBE Commitment”). The Contractor hereby agrees, for the Term of this Agreement, to either (i) meet the Certified SBE Commitment or (ii) demonstrate that it has made all reasonable efforts to meet the Certified SBE Commitment, including all necessary and reasonable steps the Contractor takes to achieve the Certified SBE Commitment. Certified SBE participation toward the Certified SBE Commitment shall be measured as the total value of any goods or services provided by Certified SBEs under this Agreement, inclusive of all amendments, modifications and change orders. The Certified SBE Commitment may be met by the Contractor’s status as a Certified SBE, by joint venture with one or more Certified SBEs, by subcontracting a portion of the Agreement to one or more Certified SBEs, by purchasing materials used in the performance of the Agreement from one or more Certified SBEs, or by any combination of the foregoing. The Contractor’s failure to meet the Certified SBE Commitment or to provide the Airport Authority with sufficient documentation of the Contractor’s reasonable efforts to meet the Certified SBE commitment shall be sufficient cause for the Airport Authority to terminate this Agreement. If the Contractor has not met the Certified SBE Commitment, the Airport Authority has sole and absolute discretion to determine whether the Contractor has made all reasonable efforts to meet the Certified SBE Commitment. The Contractor must use any such forms as are required and made available by the Airport Authority to demonstrate that the Contractor has either met the Certified SBE Commitment or made all reasonable efforts to meet the Certified SBE Commitment. The Contractor may neither terminate a Certified SBE, reduce the scope of work to be performed by a Certified SBE, nor decrease the payment to a Certified SBE, without in each instance (i) having just cause (termination for convenience is not permissible); (ii) making all reasonable efforts to find another Certified SBE subcontractor to substitute for the original Certified SBE (these reasonable efforts must be directed at finding another Certified SBE to perform at least the same amount of work or service under the Agreement as the Certified SBE that was terminated, to the extent needed to meet the Contractor’s Certified SBE participation commitment); and (iii) receiving the prior written approval of the Airport Authority’s Chief Executive Officer or their designee in all instances. For purposes of this Agreement, a Certified SBE is a business that qualifies as a “Certified SBE” under the Airport Authority’s Procurement and Contracting Ordinance. Any waiver, inadvertent or otherwise, of this Section by the Airport Authority shall not be deemed to be a waiver for the remainder of the Term of this Agreement and shall not prohibit the Airport Authority from enforcing this Section with regard to subsequent defaults by the Contractor.

SBE Participation. The Contractor understands that it is the policy of the Airport Authority that Certified SBEs should have the maximum practical opportunity to participate in the performance of contracts at the Airport. Accordingly, during the Term of this Agreement, the Contractor commits and agrees to Certified SBE (defined below) participation of at least [ %] 20% in the goods or services provided under this Agreement (the “Certified SBE Commitment”). The Contractor hereby agrees, for the Term of this Agreement, to either (i) meet the Certified SBE Commitment or (ii) demonstrate that it has made all reasonable efforts to meet the Certified SBE Commitment, including all necessary and reasonable steps the Contractor takes to achieve the Certified SBE Commitment. Certified SBE participation toward the Certified SBE Commitment shall be measured as the total value of any goods or services provided by Certified SBEs under this Agreement, inclusive of all amendments, modifications and change orders. The Certified SBE Commitment may be met by the Contractor’s status as a Certified SBE, by joint venture with one or more Certified SBEs, by subcontracting a portion of the Agreement to one or more Certified SBEs, by purchasing materials used in the performance of the Agreement from one or more Certified SBEs, or by any combination of the foregoing. The Contractor’s failure to meet the Certified SBE Commitment or to provide the Airport Authority with sufficient documentation of the Contractor’s reasonable efforts to meet the Certified SBE commitment shall be sufficient cause for the Airport Authority to terminate this Agreement. If the Contractor has not met the Certified SBE Commitment, the Airport Authority has sole and absolute discretion to determine whether the Contractor has made all reasonable efforts to meet the Certified SBE Commitment. The Contractor must use any such forms as are required and made available by the Airport Authority to demonstrate that the Contractor has either met the Certified SBE Commitment or made all reasonable efforts to meet the Certified SBE Commitment. The Contractor may neither terminate a Certified SBE, reduce the scope of work to be performed by a Certified SBE, nor decrease the payment to a Certified SBE, without in each instance (i) having just cause (termination for convenience is not permissible); (ii) making all reasonable efforts to find another Certified SBE subcontractor to substitute for the original Certified SBE (these reasonable efforts must be directed at finding another Certified SBE to perform at least the same amount of work or service under the Agreement as the Certified SBE that was terminated, to the extent needed to meet the Contractor’s Certified SBE participation commitment); and (iii) receiving the prior written approval of the Airport Authority’s Chief Executive Officer or their designee in all instances. For purposes of this Agreement, a Certified SBE is a business that qualifies as a “Certified SBE” under the Airport Authority’s Procurement and Contracting Ordinance. Any waiver, inadvertent or otherwise, of this Section by the Airport Authority shall not be deemed to be a waiver for the remainder of the Term of this Agreement and shall not prohibit the Airport Authority from enforcing this Section with regard to subsequent defaults by the Contractor.

SBE Participation. The Contractor understands that it is the policy of the Airport Authority that Certified SBEs should have the maximum practical opportunity to participate in the performance of contracts at the Airport. Accordingly, during the Term of this Agreement, the Contractor commits and agrees to Certified SBE (defined below) participation of at least [ %] 18% in the goods or services provided under this Agreement (the “Certified SBE Commitment”). The Contractor hereby agrees, for the Term of this Agreement, to either (i) meet the Certified SBE Commitment or (ii) demonstrate that it has made all reasonable efforts to meet the Certified SBE Commitment, including all necessary and reasonable steps the Contractor takes to achieve the Certified SBE Commitment. Certified SBE participation toward the Certified SBE Commitment shall be measured as the total value of any goods or services provided by Certified SBEs under this Agreement, inclusive of all amendments, modifications and change orders. The Certified SBE Commitment may be met by the Contractor’s status as a Certified SBE, by joint venture with one or more Certified SBEs, by subcontracting a portion of the Agreement to one or more Certified SBEs, by purchasing materials used in the performance of the Agreement from one or more Certified SBEs, or by any combination of the foregoing. The Contractor’s failure to meet the Certified SBE Commitment or to provide the Airport Authority with sufficient documentation of the Contractor’s reasonable efforts to meet the Certified SBE commitment shall be sufficient cause for the Airport Authority to terminate this Agreement. If the Contractor has not met the Certified SBE Commitment, the Airport Authority has sole and absolute discretion to determine whether the Contractor has made all reasonable efforts to meet the Certified SBE Commitment. The Contractor must use any such forms as are required and made available by the Airport Authority to demonstrate that the Contractor has either met the Certified SBE Commitment or made all reasonable efforts to meet the Certified SBE Commitment. The Contractor may neither terminate a Certified SBE, reduce the scope of work to be performed by a Certified SBE, nor decrease the payment to a Certified SBE, without in each instance (i) having just cause (termination for convenience is not permissible); (ii) making all reasonable efforts to find another Certified SBE subcontractor to substitute for the original Certified SBE (these reasonable efforts must be directed at finding another Certified SBE to perform at least the same amount of work or service under the Agreement as the Certified SBE that was terminated, to the extent needed to meet the Contractor’s Certified SBE participation commitment); and (iii) receiving the prior written approval of the Airport Authority’s Chief Executive Officer or their designee in all instances. For purposes of this Agreement, a Certified SBE is a business that qualifies as a “Certified SBE” under the Airport Authority’s Procurement and Contracting Ordinance. Any waiver, inadvertent or otherwise, of this Section by the Airport Authority shall not be deemed to be a waiver for the remainder of the Term of this Agreement and shall not prohibit the Airport Authority from enforcing this Section with regard to subsequent defaults by the Contractor.