Common use of SBEDA Program Compliance – General Provisions Clause in Contracts

SBEDA Program Compliance – General Provisions. As CONTRACTOR acknowledges that the terms of the CITY’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITY’s SBEDA Policy & Procedure Manual are in furtherance of the CITY’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTOR’s scope of work as referenced in the CITY’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITY. Without limitation, CONTRACTOR further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR shall cooperate fully with the Small Business Office and other CITY departments in their data collection and monitoring efforts regarding CONTRACTOR’s utilization and payment of Subcontractors, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors with this term; 2. CONTRACTOR shall cooperate fully with any CITY or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-compliance with SBEDA requirements on the part of CONTRACTOR or its subcontractors or suppliers; 3. CONTRACTOR shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR shall notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTOR’s Subcontractor / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR to replace the Subcontractor / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR of work previously designated for performance by Subcontractor or supplier, substitutions of new Subcontractors, terminations of previously designated Subcontractors, or reductions in the scope of work and value of work awarded to Subcontractors or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITY, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR shall retain all records of its Subcontractor payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTOR’s Subcontractor / Supplier Utilization Plan, the CONTRACTOR shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR acknowledges that the CITY will not execute a contract or issue a Notice to Proceed for this project until the CONTRACTOR for this project have registered and/or maintained active status in the CITY’s Centralized Vendor Registration System (CVR), and CONTRACTOR has represented to CITY which primary commodity codes each Subcontractor will be performing under for this contract. CITY recommends all Subcontractors to be registered in the CVR.

SBEDA Program Compliance – General Provisions. (a) As CONTRACTOR Contractor acknowledges that the terms of the CITYCity’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITYCity’s SBEDA Policy & Procedure Manual are in furtherance of the CITYCity’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTORContractor’s scope of work as referenced in the CITYCity’s formal solicitation that formed the basis for contract award and subsequent execution of this AgreementContract, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this AgreementContract, and are considered by the Parties to this Agreement Contract to be material terms. CONTRACTOR Contractor voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract Contract by the CITYCity. Without limitation, CONTRACTOR Contractor further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR (i) Contractor shall cooperate fully with the Small Business Office and other CITY City departments in their data collection and monitoring efforts regarding CONTRACTORContractor’s utilization and payment of Subcontractors, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors Subcontractors with this term; 2. CONTRACTOR (ii) Contractor shall cooperate fully with any CITY City or SBO investigation (and shall also respond truthfully and promptly to any CITY City or SBO inquiry) regarding possible non-compliance with SBEDA requirements on the part of CONTRACTOR Contractor or its subcontractors Subcontractors or suppliers; 3. CONTRACTOR (iii) Contractor shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors and workers to determine whether there has been a violation of the terms of this AgreementContract; 4. CONTRACTOR (iv) Contractor shall immediately notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTORContractor’s Subcontractor / Supplier Utilization Plan for this contractContract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR Contractor to replace the Subcontractor / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR Contractor of work previously designated for performance by Subcontractor or supplier, substitutions of new Subcontractors, terminations of previously designated Subcontractors, or reductions in the scope of work and value of work awarded to Subcontractors or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR (v) Contractor shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITYCity, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR (vi) Contractor shall retain all records of its Subcontractor payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contractContract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. (vii) In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTORContractor’s Subcontractor / Supplier Utilization Plan, the CONTRACTOR Contractor shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(ssubcontractor(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR Contractor and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR (viii) Contractor acknowledges that the CITY City will not execute a contract this Contract or issue a Notice to Proceed for this project until the CONTRACTOR Contractor and each of its Subcontractors for this project have registered and/or maintained active status in the CITYCity’s Centralized Vendor Registration System (CVR)System, and CONTRACTOR Contractor has represented to CITY City which primary commodity codes each registered Subcontractor will be performing under for this contract. CITY recommends all Subcontractors to be registered in the CVRContract.

SBEDA Program Compliance – General Provisions. As CONTRACTOR Contractor acknowledges that the terms of the CITYCity’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITYCity’s SBEDA Policy & Procedure Manual are in furtherance of the CITYCity’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTORContractor’s scope of work as referenced in the CITYCity’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR Contractor voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITYCity. Without limitation, CONTRACTOR Contractor further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR 14.3.1 Contractor shall cooperate fully with the Small Business Office and other CITY City departments in their data collection and monitoring efforts regarding CONTRACTORContractor’s utilization and payment of Subcontractors, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors with this term; 2. CONTRACTOR 14.3.2 Contractor shall cooperate fully with any CITY City or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-non- compliance with SBEDA requirements on the part of CONTRACTOR Contractor or its subcontractors Subcontractors or suppliers; 3. CONTRACTOR 14.3.3 Contractor shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR 14.3.4 Contractor shall notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTORContractor’s Subcontractor / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR Contractor to replace the Subcontractor / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor / Supplier Utilization Plan including, but not limited to, proposed self-self- performance of work by CONTRACTOR Contractor of work previously designated for performance by Subcontractor or supplier, substitutions of new Subcontractors, terminations of previously designated Subcontractors, or reductions in the scope of work and value of work awarded to Subcontractors or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR 14.3.5 Contractor shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITYCity, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR 14.3.6 Contractor shall retain all records of its Subcontractor payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. 14.3.7 In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTORContractor’s Subcontractor / Supplier Utilization Plan, the CONTRACTOR Contractor shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR Contractor and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR 14.3.8 Contractor acknowledges that the CITY City will not execute a contract or issue a Notice to Proceed for this project until the CONTRACTOR Contractor for this project have has registered and/or maintained active status in the CITYCity’s Centralized Vendor Registration System (CVR), and CONTRACTOR Contractor has represented to CITY City which primary commodity codes each Subcontractor will be performing under for this contract. CITY City recommends all Subcontractors to be registered in the CVR.

SBEDA Program Compliance – General Provisions. As CONTRACTOR CONSULTANT acknowledges that the terms of the CITY’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITY’s SBEDA Policy & Procedure Manual are in furtherance of the CITY’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTORCONSULTANT’s scope of work as referenced in the CITY’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR CONSULTANT voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITY. Without limitation, CONTRACTOR CONSULTANT further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR CONSULTANT shall cooperate fully with the Small Business Office and other CITY departments in their data collection and monitoring efforts regarding CONTRACTORCONSULTANT’s utilization and payment of SubcontractorsSub-Consultants, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors Subconsultants with this term; 2. CONTRACTOR CONSULTANT shall cooperate fully with any CITY or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-compliance with SBEDA requirements on the part of CONTRACTOR CONSULTANT or its subcontractors Subconsultants or suppliers; 3. CONTRACTOR CONSULTANT shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors Sub-Consultants and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR CONSULTANT shall immediately notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTORCONSULTANT’s Subcontractor Sub- Consultant / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR CONSULTANT to replace the Subcontractor Sub-Consultant / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor Sub-Consultant / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR CONSULTANT of work previously designated for performance by Subcontractor Sub-Consultant or supplier, substitutions of new SubcontractorsSub-Consultants, terminations of previously designated SubcontractorsSub-Consultants, or reductions in the scope of work and value of work awarded to Subcontractors Sub- Consultants or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR CONSULTANT shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITY, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR CONSULTANT shall retain all records of its Subcontractor Sub-Consultant payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTORCONSULTANT’s Subcontractor Sub- Consultant / Supplier Utilization Plan, the CONTRACTOR CONSULTANT shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(sSub-Consultant(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR CONSULTANT and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR CONSULTANT acknowledges that the CITY will not execute a contract or issue a Notice to Proceed for this project until the CONTRACTOR CONSULTANT and each of its Sub-Consultants for this project have registered and/or maintained active status in the CITY’s Centralized Vendor Registration System (CVR)System, and CONTRACTOR CONSULTANT has represented to CITY which primary commodity codes each Subcontractor registered Sub-Consultant will be performing under for this contract. CITY recommends all Subcontractors to be registered in the CVR.

SBEDA Program Compliance – General Provisions. As CONTRACTOR acknowledges that the terms of the CITY’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITY’s SBEDA Policy & Procedure Manual are in furtherance of the CITY’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTOR’s scope of work as referenced in the CITY’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITY. Without limitation, CONTRACTOR further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR shall cooperate fully with the Small Business Office and other CITY departments in their data collection and monitoring efforts regarding CONTRACTOR’s utilization and payment of Subcontractors, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors with this term; 2. CONTRACTOR shall cooperate fully with any CITY or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-non- compliance with SBEDA requirements on the part of CONTRACTOR or its subcontractors or suppliers; 3. CONTRACTOR shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR shall notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTOR’s Subcontractor / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR to replace the Subcontractor / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR of work previously designated for performance by Subcontractor or supplier, substitutions of new Subcontractors, terminations of previously designated Subcontractors, or reductions in the scope of work and value of work awarded to Subcontractors or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITY, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR shall retain all records of its Subcontractor payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of 7of four years or as required by state law following the final determination of litigation, whichever is later. 7. In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTOR’s Subcontractor / Supplier Utilization Plan, the CONTRACTOR shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR acknowledges that the CITY will not execute a contract or issue a Notice to Proceed proceed for this project until the CONTRACTOR for this project have registered and/or maintained active status in the CITY’s Centralized Vendor Registration System (CVR), and CONTRACTOR has represented to CITY which primary commodity codes each Subcontractor will be performing under for this contract. CITY recommends all Subcontractors to be registered in the CVR.. For more information please see link: xxxx://xxx.xxxxxxxxxx.xxx/SBO/Compliance

SBEDA Program Compliance – General Provisions. As CONTRACTOR acknowledges that the terms of the CITY’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITY’s SBEDA Policy & Procedure Manual are in furtherance of the CITY’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTOR’s scope of work as referenced in the CITY’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITY. Without limitation, CONTRACTOR further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR shall cooperate fully with the Small Business Office and other CITY departments in their data collection and monitoring efforts regarding CONTRACTOR’s utilization and payment of Subcontractors, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors Subcontractors with this term; 2. CONTRACTOR shall cooperate fully with any CITY or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-compliance with SBEDA requirements on the part of CONTRACTOR or its subcontractors Subcontractors or suppliers; 3. CONTRACTOR shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-contract- related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR shall immediately notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTOR’s Subcontractor / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR to replace the Subcontractor / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR of work previously designated for performance by Subcontractor or supplier, substitutions of new Subcontractors, terminations of previously designated Subcontractors, or reductions in the scope of work and value of work awarded to Subcontractors or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITY, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR shall retain all records of its Subcontractor payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTOR’s Subcontractor / Supplier Utilization Plan, the CONTRACTOR shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(ssubcontractor(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR acknowledges that the CITY will not execute a contract or issue a Notice to Proceed for this project until the CONTRACTOR and each of its Subcontractors for this project have registered and/or maintained active status in the CITY’s Centralized Vendor Registration System (CVR)System, and CONTRACTOR has represented to CITY which primary commodity codes each registered Subcontractor will be performing under for this contract. CITY recommends all Subcontractors to be registered in the CVR.

SBEDA Program Compliance – General Provisions. As CONTRACTOR CONSULTANT acknowledges that the terms of the CITY’s SBEDA Ordinance, as amended, together with all requirements, guidelines, and procedures set forth in the CITY’s SBEDA Policy & Procedure Manual are in furtherance of the CITY’s efforts at economic inclusion and, moreover, that such terms are part of CONTRACTORCONSULTANT’s scope of work as referenced in the CITY’s formal solicitation that formed the basis for contract award and subsequent execution of this Agreement, these SBEDA Ordinance requirements, guidelines and procedures are hereby incorporated by reference into this Agreement, and are considered by the Parties to this Agreement to be material terms. CONTRACTOR CONSULTANT voluntarily agrees to fully comply with these SBEDA program terms as a condition for being awarded this contract by the CITY. Without limitation, CONTRACTOR CONSULTANT further agrees to the following terms as part of its contract compliance responsibilities under the SBEDA Program: 1. CONTRACTOR CONSULTANT shall cooperate fully with the Small Business Office and other CITY departments in their data collection and monitoring efforts regarding CONTRACTORCONSULTANT’s utilization and payment of SubcontractorsSub-Consultants, S/M/WBE firms, and HUBZone firms, as applicable, for their performance of Commercially Useful Functions on this contract including, but not limited to, the timely submission of completed forms and/or documentation promulgated by SBO, through the Originating Department, pursuant to the SBEDA Policy & Procedure Manual, timely entry of data into monitoring systems, and ensuring the timely compliance of its subcontractors Subconsultants with this term; 2. CONTRACTOR CONSULTANT shall cooperate fully with any CITY or SBO investigation (and shall also respond truthfully and promptly to any CITY or SBO inquiry) regarding possible non-compliance with SBEDA requirements on the part of CONTRACTOR CONSULTANT or its subcontractors Subconsultants or suppliers; 3. CONTRACTOR CONSULTANT shall permit the SBO, upon reasonable notice, to undertake inspections as necessary including, but not limited to, contract-related correspondence, records, documents, payroll records, daily logs, invoices, bills, cancelled checks, and work product, and to interview Subcontractors Sub-Consultants and workers to determine whether there has been a violation of the terms of this Agreement; 4. CONTRACTOR CONSULTANT shall notify the SBO, in writing on the Change to Utilization Plan form, through the Originating Department, of any proposed changes to CONTRACTORCONSULTANT’s Subcontractor Sub-Consultant / Supplier Utilization Plan for this contract, with an explanation of the necessity for such proposed changes, including documentation of Good Faith Efforts made by CONTRACTOR CONSULTANT to replace the Subcontractor Sub- Consultant / Supplier in accordance with the applicable Affirmative Procurement Initiative. All proposed changes to the Subcontractor Sub- Consultant / Supplier Utilization Plan including, but not limited to, proposed self-performance of work by CONTRACTOR CONSULTANT of work previously designated for performance by Subcontractor Sub-Consultant or supplier, substitutions of new SubcontractorsSub-Consultants, terminations of previously designated SubcontractorsSub-Consultants, or reductions in the scope of work and value of work awarded to Subcontractors Sub-Consultants or suppliers, shall be subject to advanced written approval by the Originating Department and the SBO. 5. CONTRACTOR CONSULTANT shall immediately notify the Originating Department and SBO of any transfer or assignment of its contract with the CITY, as well as any transfer or change in its ownership or business structure. 6. CONTRACTOR CONSULTANT shall retain all records of its Subcontractor Sub-Consultant payments for this contract for a minimum of four years or as required by state law, following the conclusion of this contract or, in the event of litigation concerning this contract, for a minimum of four years or as required by state law following the final determination of litigation, whichever is later. 7. In instances wherein the SBO determines that a Commercially Useful Function is not actually being performed by the applicable S/M/WBE or HUBZone firms listed in a CONTRACTORCONSULTANT’s Subcontractor Sub- Consultant / Supplier Utilization Plan, the CONTRACTOR CONSULTANT shall not be given credit for the participation of its S/M/WBE or HUBZone Subcontractor(sSub-Consultant(s) or joint venture partner(s) toward attainment of S/M/WBE or HUBZone firm utilization goals, and the CONTRACTOR CONSULTANT and its listed S/M/WBE firms or HUBZone firms may be subject to sanctions and penalties in accordance with the SBEDA Ordinance. 8. CONTRACTOR CONSULTANT acknowledges that the CITY will not execute a contract or issue a Notice to Proceed for this project until the CONTRACTOR CONSULTANT for this project have registered and/or maintained active status in the CITY’s Centralized Vendor Registration System (CVR), and CONTRACTOR CONSULTANT has represented to CITY which primary commodity codes each Subcontractor Sub-Consultant will be performing under for this contract. CITY recommends all Subcontractors Sub-Consultants to be registered in the CVR.