Common use of Commitment and Utilization Clause in Contracts

Commitment and Utilization. County’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. County shall request Consultant to: 1) Notify County’s contract administrator or designated representative of any changes to its anticipated DBE participation 2) Provide this notification before starting the affected work 3) Maintain records including: • Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment) If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of their work. If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to County. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Statue Change, Exhibit 17-O, form and submit the form to County within thirty (30) days of contract acceptance. Upon work completion, Consultant shall complete Exhibit B and submit it to the County within ninety (90) days of contract acceptance. The County will withhold $10,000 until the form is submitted. The County will release the withhold upon submission of the completed form. If County reports of DBE participation to Caltrans, the County must display both commitments and attainments.

Commitment and Utilization. The County’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The County shall request Consultant Contractor to: 1) . Notify the County’s contract administrator Contract Manager or designated representative of any changes to its anticipated DBE participation 2) . Provide this notification before starting the affected work 3) . Maintain records including: • Name and business address of each 1st-tier subconsultant subcontractor • Name and business address of each DBE subconsultantsubcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9- 9-F Monthly Disadvantaged Business Enterprise Payment) If Consultant Contractor is a DBE ConsultantContractor, they shall include the date of work performed by their own forces and the corresponding value of their the work. If a DBE is decertified before completing its work, the DBE must notify Consultant Contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant Contractor in writing of the certification date. Consultant Contractor shall submit the notifications to the County. On work completion, Consultant Contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Statue Status Change, Exhibit 17-O, form and submit the form to the County within thirty (30) 30 days of contract acceptance. Upon work completion, Consultant Contractor shall complete Exhibit B 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the County within ninety (90) 90 days of contract acceptance. The County will withhold $10,000 until the form is submitted. The County will release the withhold upon submission of the completed form. If County In the County’s reports of DBE participation to Caltrans, the County must display both commitments and attainments.