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.”
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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.
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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.
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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.
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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.
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Related to DBE Program Compliance

  • Program Compliance The School Board shall be responsible for monitoring the program to provide technical assistance and to ensure program compliance.

  • CEQA Compliance The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.

  • PCI Compliance Company shall not connect to or utilize any computer network or systems of the Aviation Authority, including, without limitation, for transmission of credit card payments. Company shall be solely responsible for providing and maintaining its own computer networks and systems and shall ensure its system ensure its system used to collect, process, store or transmit credit card or customer credit card and/or personal information is compliant with all applicable Payment Card Industry (“PCI”) Data Security Standard (“DSS”). 1. Company shall, within 5 days, notify the Aviation Authority of any security malfunction or breach, intrusion or unauthorized access to cardholder or other customer data, and shall comply with all then applicable PCI requirements. 2. Company, in addition to notifying the Aviation Authority and satisfying the PCI requirements, will immediately take the remedial actions available under the circumstances and provide the Aviation Authority with an explanation of the cause of the breach or intrusion and the proposed remediation plan. Company will notify the Aviation Authority promptly if it learns that it is no longer PCI DSS compliant and will immediately provide the Aviation Authority with a report on steps being taken to remediate the non-compliance status and provide evidence of compliance once PCI DSS compliance is achieved. 3. Company, its successor’s and assigns, will continue to comply with all provisions of this Agreement relating to accidents, incidents, damages and remedial requirements after the termination of this Agreement. 4. Company shall ensure strict compliance with PCI DSS for each credit card transaction and acknowledges responsibility for the security of cardholder data. Company will create and maintain reasonable detailed, complete and accurate documentation describing the systems, processes, network segments, security controls and dataflow used to receive, process transmit store and secure Customer’s cardholder data. Such documentation shall conform to the most current version of PCI DSS. 5. Company must maintain PCI Certification as a bankcard merchant at the Airport. Company is responsible, at Company’s own expense, to contract and pay for all quarterly, annual or other required assessments, remediation activities related to processes within Concessionaire’s control, analysis or certification processes necessary to maintain PCI certification as a bankcard merchant. 6. PCI DSS - Company shall make available on the Premises, within 24 hours upon request by the Aviation Authority, such documentation, policies, procedures, reports, logs, configuration standards and settings and all other documentation necessary for the Aviation Authority to validate Company’s compliance with PCI DSS as well as make available to the individuals responsible for implementing, maintaining and monitoring those system components and processes. Requested logs must be made available to the Aviation Authority in electronic format compatible with computers used by the Aviation Authority. 7. Evidence of PCI DSS Compliance – Company agrees to supply their PCI DSS compliance status and evidence of its most recent validation of compliance upon execution of the Contract. Company must supply to the Aviation Authority evidence of validation of compliance at least annually to be delivered along with the Annual Certification of Fees in accordance with Article 5.C. of this Agreement.

  • FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

  • FDA Compliance The Company: (A) is and at all times has been in material compliance with all statutes, rules or regulations of the FDA and other comparable governmental entities applicable to the ownership, testing, development, manufacture, packaging, processing, use, distribution, marketing, labeling, promotion, sale, offer for sale, storage, import, export or disposal of any product under development, manufactured or distributed by the Company (“Applicable Laws”); (B) has not received any FDA Form 483, notice of adverse finding, warning letter, untitled letter or other correspondence or notice from the FDA or any governmental entity alleging or asserting material noncompliance with any Applicable Laws or any licenses, certificates, approvals, clearances, exemptions, authorizations, permits and supplements or amendments thereto required by any such Applicable Laws (“Authorizations”); (C) possesses all material Authorizations and such Authorizations are valid and in full force and effect and the Company is not in material violation of any term of any such Authorizations; (D) has not received notice of any claim, action, suit, proceeding, hearing, enforcement, investigation, arbitration or other action from the FDA or any governmental entity or third party alleging that any product operation or activity is in material violation of any Applicable Laws or Authorizations and has no knowledge that the FDA or any governmental entity or third party is considering any such claim, litigation, arbitration, action, suit, investigation or proceeding; (E) has not received notice that the FDA or any governmental entity has taken, is taking or intends to take action to limit, suspend, modify or revoke any material Authorizations and has no knowledge that the FDA or any governmental entity is considering such action; and (F) has filed, obtained, maintained or submitted all material reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments as required by any Applicable Laws or Authorizations and that all such reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments were materially complete and correct on the date filed (or were corrected or supplemented by a subsequent submission).