DBE Program Compliance Clause Samples
The DBE Program Compliance clause requires parties to adhere to regulations and requirements related to Disadvantaged Business Enterprise (DBE) participation in a contract or project. This typically involves ensuring that a certain percentage of work or procurement is awarded to certified DBEs, maintaining records of DBE involvement, and submitting regular compliance reports. The core function of this clause is to promote equal opportunity and diversity in contracting, while ensuring that the contracting party meets legal and regulatory obligations regarding DBE participation.
DBE Program Compliance. Contractor agrees to use its best efforts to fully and completely carry out the applicable requirements of the City’s DBE Program in the award and administration of this Agreement, including, without limitation, all reporting requirements and specific DBE participation goals. Contractor’s failure to carry out these requirements, as determined in good faith by the DBE Compliance Officer, shall be deemed a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as set forth in the City’s Policy Memorandum for the DBE Program.”
DBE Program Compliance. The Contractor hereby agrees to use its best efforts to fully and completely carry out the applicable requirements of the DBE Program as set forth in Attachment “B” (Required Contract DBE Provisions) of the RFP, including, without limitation, all reporting requirements and specific DBE participation goals. The Contractor’s failure to carry out these requirements, as determined by the Court, shall be deemed a material breach of this Agreement, which may result in the termination of this Agreement.
DBE Program Compliance. The requirements of the City of New Orleans (“City”) Disadvantaged Business Enterprise (“DBE”) Program apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts. In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of the City, the City enacted the DBE Program for all City contracts. Contractor agree to use its best efforts to fully and completely carry out the applicable requirements of the City’s DBE Program in the award and administration of this Agreement, including without limitation, all reporting requirements and established DBE participation percentage. The Contractor’s failure to carry out these requirements, as determined in good faith by the City’s Office of Supplier Diversity (“OSD”), shall be deemed a material breach of this Agreement. This material breach may result in the termination of this Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the DBE Program.
DBE Program Compliance. The requirements of the City‟s DBE Program, incorporated by reference herein, apply to this cooperative endeavor agreement. It is the policy of the City of New Orleans to practice nondiscrimination based on social and economic disadvantage, race, color, sex, gender, disability or national origin. A DBE contract goal of 35 percent is established for this cooperative endeavor agreement. Contractor agrees to use its best efforts to fully and completely carry out the applicable requirements of the City‟s DBE Program in the award and administration of this cooperative endeavor agreement, including, without limitation, all reporting requirements and specific DBE participation goals. Contractor‟s failure to carry out these requirements, as determined in good faith by the DBE Compliance Officer, shall be deemed a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as set forth in the City‟s Policy Memorandum for the DBE Program.
DBE Program Compliance. (a) The Developer acknowledges and agrees that it is the policy of the District to ensure that DBEs have an equal opportunity to receive and participate in District-assisted contracts and to:
(i) ensure non-discrimination in the award and administration of District-assisted contracts;
(ii) create a level playing field on which DBEs can compete fairly for District-assisted contracts;
(iii) ensure that the District’s DBE program is narrowly tailored in accordance with Applicable Law;
(iv) help remove barriers to the participation of DBEs in District-assisted contracts; and
(v) assist the development of firms that can compete successfully in the marketplace outside of the District’s DBE program.
(b) The Developer shall comply with the DBE program requirements set forth in Exhibit 27 (DBE Program Requirements).
(c) The DBE participation goal with respect to the D&C Work shall be equal to nineteen percent (19%) of the D&C Contract Price.
(d) The DBE participation goal with respect to the Asset Management Period Asset Management Services shall be equal to ten percent (10%) of the cost of the Asset Management Period Asset Management Services undertaken in each year of the Post Project Final Completion Period.
(e) The Developer shall include the requirements set forth in Sections 11.2(a) and 11.2(b) (DBE Program Compliance) and Exhibit 27 (DBE Program Requirements) in all Contracts so that such requirements will be binding upon each Contractor, provided that for each requirement that is intended to be satisfied by the Developer and its Contractors together (and not by each Contractor), the Developer may include the applicable obligations in each Contract such that the requirement is satisfied by the Developer and its Contractors together, so long as such proposed satisfaction of such requirements meets Applicable Law.