Common use of DBE Addition/Substitution/Termination Form Clause in Contracts

DBE Addition/Substitution/Termination Form. In the event that the Contractor identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/ Termination” form to enable Contractor to capture all DBE participation. Contractor shall also submit, for each DBE identified after Contract execution, a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). Contractor shall be required to comply with 49 CFR § 26.53 regarding DBE subcontractor terminations, including the following:  A Contractor shall not terminate a listed DBE subcontractor without the COUNTY’s prior written consent.  Prior to the termination request, the prime Contractor must notify the DBE, in writing, of the intent to terminate, allowing for five days of response time in opposition of the rejection.  A Contractor may only terminate a DBE subcontractor for “good cause,” as defined in 49 CFR § 26.53.  Good cause does NOT exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s work). Good cause also does NOT exist if the Contractor seeks to terminate a DBE so that it can self-perform the work of the terminated DBE.  In the event that the Contractor needs to substitute or terminate a DBE firm and if the substitution/termination request meets the definition of “good cause,” the Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/Termination Request” form for the COUNTY’s written approval prior to actualizing any changes.  The Contractor must make a Good Faith Effort (GFE) to replace the terminated DBE with another DBE. The Contractor’s GFE shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was County of Orange MA-080-17011352

DBE Addition/Substitution/Termination Form. In the event that the Contractor identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/ Termination” form to enable Contractor to capture all DBE participation. Contractor shall also submit, for each DBE identified after Contract execution, a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). Contractor shall be required to comply with 49 CFR § 26.53 regarding DBE subcontractor terminations, including the following:  • A Contractor shall not terminate a listed DBE subcontractor without the COUNTY’s prior written consent.  • Prior to the termination request, the prime Contractor must notify the DBE, in writing, of the intent to terminate, allowing for five days of response time in opposition of the rejection.  • A Contractor may only terminate a DBE subcontractor for “good cause,” as defined in 49 CFR § 26.53.  • Good cause does NOT exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s work). Good cause also does NOT exist if the Contractor seeks to terminate a DBE so that it can self-perform the work of the terminated DBE.  • In the event that the Contractor needs to substitute or terminate a DBE firm and if the substitution/termination request meets the definition of “good cause,” the Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/Termination Request” form for the COUNTY’s written approval prior to actualizing any changes.  • The Contractor must make a Good Faith Effort (GFE) to replace the terminated DBE with another DBE. The Contractor’s GFE shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was County of Orange MA-080-17011352

DBE Addition/Substitution/Termination Form. In the event that the Contractor CONTRACTOR identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor CONTRACTOR shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/ Termination” form to enable Contractor CONTRACTOR to capture all DBE participation. Contractor CONTRACTOR shall also submit, for each DBE identified after Contract execution, a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). Contractor CONTRACTOR shall be required to comply with 49 CFR § 26.53 regarding DBE subcontractor terminations, including the following:  • A Contractor CONTRACTOR shall not terminate a listed DBE subcontractor without the COUNTY’s prior written consent.  • Prior to the termination request, the prime Contractor CONTRACTOR must notify the DBE, in writing, of the intent to terminate, allowing for five days of response time in opposition of the rejection.  • A Contractor CONTRACTOR may only terminate a DBE subcontractor for “good cause,” as defined in 49 CFR § 26.53.  • Good cause does NOT exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor CONTRACTOR (e.g., failure of the Contractor CONTRACTOR to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s work). Good cause also does NOT exist if the Contractor CONTRACTOR seeks to terminate a DBE so that it can self-perform the work of the terminated DBE.  • In the event that the Contractor CONTRACTOR needs to substitute or terminate a DBE firm and if the substitution/termination request meets the definition of “good cause,” the Contractor CONTRACTOR shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/Termination Request” form for the COUNTY’s written approval prior to actualizing any changes.  • The Contractor CONTRACTOR must make a Good Faith Effort (GFE) to replace the terminated DBE with another DBE. The ContractorCONTRACTOR’s GFE shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was County terminated, to the extent needed to meet the established DBE contract goal and/or the CONTRACTOR’s DBE participation commitment approved by the COUNTY prior to award of Orange MA-080-17011352the Contract. • Failure by the CONTRACTOR to adhere to these requirements may constitute a material breach of contract, which may result in the termination of the contract or such other remedy as the COUNTY deems appropriate.

DBE Addition/Substitution/Termination Form. In the event that the Contractor identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/ Termination” form to enable Contractor to capture all DBE participation. Contractor shall also submit, for each DBE identified after Contract execution, a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). Contractor shall be required to comply with 49 CFR § 26.53 regarding DBE subcontractor terminations, including the following:  • A Contractor shall not terminate a listed DBE subcontractor without the COUNTY’s prior written consent.  • Prior to the termination request, the prime Contractor must notify the DBE, in writing, of the intent to terminate, allowing for five days of response time in opposition of the rejection.  DocuSign Envelope ID: 6E9ACC5C-0C11-4C9F-B04A-A371A61DAE02 • A Contractor may only terminate a DBE subcontractor for “good cause,” as defined in 49 CFR § 26.53.  • Good cause does NOT exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s work). Good cause also does NOT exist if the Contractor seeks to terminate a DBE so that it can self-perform the work of the terminated DBE.  • In the event that the Contractor needs to substitute or terminate a DBE firm and if the substitution/termination request meets the definition of “good cause,” the Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/Termination Request” form for the COUNTY’s written approval prior to actualizing any changes.  • The Contractor must make a Good Faith Effort (GFE) to replace the terminated DBE with another DBE. The Contractor’s GFE shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was County terminated, to the extent needed to meet the established DBE contract goal and/or the Contractor’s DBE participation commitment approved by the COUNTY prior to award of Orange MA-080-17011352the Contract. • Failure by the Contractor to adhere to these requirements may constitute a material breach of contract, which may result in the termination of the contract or such other remedy as the COUNTY deems appropriate.

DBE Addition/Substitution/Termination Form. In the event that the Contractor identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/ Termination” form to enable Contractor to capture all DBE participation. Contractor shall also submit, for each DBE identified after Contract execution, a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). Contractor shall be required to comply with 49 CFR § 26.53 regarding DBE subcontractor terminations, including the following:  • A Contractor shall not terminate a listed DBE subcontractor without the COUNTY’s prior written consent.  • Prior to the termination request, the prime Contractor must notify the DBE, in writing, of the intent to terminate, allowing for five days of response time in opposition of the rejection.  • A Contractor may only terminate a DBE subcontractor for “good cause,” as defined in 49 CFR § 26.53.  • Good cause does NOT exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s work). Good cause also does NOT exist if the Contractor seeks to terminate a DBE so that it can self-perform the work of the terminated DBE.  • In the event that the Contractor needs to substitute or terminate a DBE firm and if the substitution/termination request meets the definition of “good cause,” the Contractor shall notify the COUNTY by completing and submitting a “DBE Addition/Substitution/Termination Request” form for the COUNTY’s written approval prior to actualizing any changes.  • The Contractor must make a Good Faith Effort (GFE) to replace the terminated DBE with another DBE. The Contractor’s GFE shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was County terminated, to the extent needed to meet the established DBE contract goal and/or the Contractor’s DBE participation commitment approved by the COUNTY prior to award of Orange MA-080-17011352the Contract. • Failure by the Contractor to adhere to these requirements may constitute a material breach of contract, which may result in the termination of the contract or such other remedy as the COUNTY deems appropriate.