Common use of MWBE Program Post Award Compliance Clause in Contracts

MWBE Program Post Award Compliance. It is the City’s policy to remove all barriers for MWBEs to compete and create a level playing field for MWBEs to participate in City contracts and related subcontracts. The Engineer specifically shall comply with all applicable provisions of the City’s MWBE Policy and Procedures and any amendments. MWBE and non-MWBE subcontractors also agree to comply with all applicable provisions of the City’s MWBE Policy and Procedures and any amendments. The City’s MWBE Policy and Procedures and any amendments thereto are incorporated by reference herein as though written word for word. The Engineer shall insert the substance of this provision in all subcontracts and purchase orders. The Engineer shall appoint a high-level official with decision-making capabilities for the Engineer to administer and coordinate the Engineer’s efforts to carry out the requirements and provisions of the City’s MWBE Policy and Procedures and its Contractual commitments. The City of Arlington reaffirms that it will not, nor will its engineers, discriminate based on race, age, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, gender, disability, or place of birth in the award and performance of contracts. Every locally funded contract will be evaluated by the City to determine the appropriate method for enhancing MWBE participation, including progress towards the achievement of the annual aspirational MWBE goal and other program objectives. Procedures for implementation, including good faith efforts requirements, information submitted with bid proposals, reporting procedures, etc., shall be consistent with the procedures utilized in the City’s MWBE Policy & Procedures Manual. The City will recognize MWBE companies that have received one or more certifications from the following organizations: • North Central Texas Regional Certification Agency (NCTRCA), • State of Texas Historically Underutilized Business (HUB), • Texas Department of Transportation (TxDOT), • DFW Minority Supplier Development Council (MSDC), and • Woman’s Business Council Southwest. The City reserves the right to review, accept or reject any certification from agencies not listed. The Engineer agrees to provide information about its minority status at time of contract execution. Engineer will also be required to submit cost information towards minority/woman owned businesses. The information submitted is for reporting purposes only and shall include the Engineer and any other firms performing work as a part of this contract such as surveying services. See attached sample Prime and Subs & Minority/Women Business Enterprise (MWBE) Report form. Submitted form shall be accompanied by copy of certification(s) for Engineer and any applicable firms. Engineer will be required to submit anticipated dollar amounts towards these businesses (if applicable) upon execution of the contract for this project and actual dollar amounts spent with the monthly pay request through the City’s Diversity Management System (B2Gnow). Engineer is responsible for ensuring its employees who are processing payment requests on its company’s behalf are trained on the City’s Diversity Management System (B2Gnow). It will be the Engineer’s responsibility to ensure submitted certification(s) are up-to-date, including for any applicable firms. Engineer shall pay its subcontractors and subconsultants no later than the 5th business day after the date the Engineer receives payment from the City. A finding of non-payment shall be a material breach of this contract. The City may withhold progress payments until the Engineer demonstrates timely payment due all subcontractors and subconsultants. The City also reserves the right to exercise other breach of contract remedies. The failure by the Engineer to carry out the requirements of the MWBE Policy and Procedures is a material breach of the Contract and may result in the termination of the Contract or such other remedies as the City deems appropriate. Violation of MWBE Policies and Procedures, or Contractual obligations, may result in any one or more of the following sanctions: 1. Administrative Warning: Issued for first-time violations or minor violations. 2. Withholding of funds payable under the Contract, including, but not limited to, funds payable for work self-performed by the Engineer. 3. Temporarily suspending, at no cost to the City, Engineer’s performance under the Contract. 4. Termination of the Contract. 5. Suspension/debarment of an Engineer for a period of time from participating in any solicitations issued by the City.

MWBE Program Post Award Compliance. It is the City’s policy to remove all barriers for MWBEs to compete and create a level playing field for MWBEs to participate in City contracts and related subcontracts. The Engineer specifically shall comply with all applicable provisions of the City’s Minority & Woman Business Enterprise Policy and Procedures Manual (“MWBE Policy and Procedures Procedures”) and any amendments. MWBE and non-MWBE subcontractors also agree to comply with all applicable provisions of the City’s MWBE Policy and Procedures and any amendments. The City’s MWBE Policy and Procedures and any amendments thereto are incorporated by reference herein as though written word for word. The Engineer shall insert the substance of this provision in all subcontracts and purchase orders. The Engineer shall appoint a high-level official with decision-making capabilities for the Engineer to administer and coordinate the Engineer’s efforts to carry out the requirements and provisions of the City’s MWBE Policy and Procedures and its Contractual commitments. The City of Arlington reaffirms that it will not, nor will its engineers, discriminate based on race, age, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, gender, disability, or place of birth in the award and performance of contracts. Every locally funded contract will be evaluated by the City to determine the appropriate method for enhancing MWBE participation, including progress towards the achievement of the annual aspirational MWBE goal and other program objectives. Procedures for implementation, including good faith efforts requirements, information submitted with bid proposals, reporting procedures, etc., shall be consistent with the procedures utilized in the City’s MWBE Policy & Procedures Manual. The City will recognize MWBE companies that have received one or more certifications from the following organizations: • North Central Texas Regional Certification Agency (NCTRCA), • State of Texas Historically Underutilized Business (HUB), • Texas Department of Transportation (TxDOT), • DFW Minority Supplier Development Council (MSDC), and • Woman’s Business Council Southwest. The City reserves the right to review, accept or reject any certification from agencies not listed. The Engineer agrees to provide information about its minority status at time of contract execution. Engineer will also be required to submit cost information towards minority/woman owned businesses. The information submitted is for reporting purposes only and shall include the Engineer and any other firms performing work as a part of this contract such as surveying services. See attached sample Prime and Subs & Minority/Women Business Enterprise (MWBE) Report form. Submitted form shall be accompanied by copy of certification(s) for Engineer and any applicable firms. Engineer will be required to submit anticipated dollar amounts towards these businesses (if applicable) upon execution of the contract for this project and actual dollar amounts spent with the monthly pay request through the City’s Diversity Management System (B2Gnow). Engineer is responsible for ensuring its employees who are processing payment requests on its company’s behalf are trained on the City’s Diversity Management System (B2Gnow). It will be the Engineer’s responsibility to ensure submitted certification(s) are up-to-date, including for any applicable firms. Engineer shall pay its subcontractors and subconsultants no later than the 5th business day after the date the Engineer receives payment from the City. A finding of non-payment shall be a material breach of this contract. The City may withhold progress payments until the Engineer demonstrates timely payment due all subcontractors and subconsultants. The City also reserves the right to exercise other breach of contract remedies. The failure by the Engineer to carry out the requirements of the MWBE Policy and Procedures is a material breach of the Contract and may result in the termination of the Contract or such other remedies as the City deems appropriate. Violation of MWBE Policies and Procedures, or Contractual obligations, may result in any one or more of the following sanctions: 1. Administrative Warning: Issued for first-time violations or minor violations. 2. Withholding of funds payable under the Contract, including, but not limited to, funds payable for work self-performed by the Engineer. 3. Temporarily suspending, at no cost to the City, Engineer’s performance under the Contract. 4. Termination of the Contract. 5. Suspension/debarment of an Engineer for a period of time from participating in any solicitations issued by the City.

MWBE Program Post Award Compliance. It is the City’s policy to remove all barriers for MWBEs to compete and create a level playing field for MWBEs to participate in City contracts and related subcontracts. The Engineer Consultant specifically shall comply with all applicable provisions of the City’s Minority & Woman Business Enterprise Policy and Procedures Manual (“MWBE Policy and Procedures Procedures”) and any amendments. MWBE and non-MWBE subcontractors also agree to comply with all applicable provisions of the City’s MWBE Policy and Procedures and any amendments. The City’s MWBE Policy and Procedures and any amendments thereto are incorporated by reference herein as though written word for word. The Engineer Consultant shall insert the substance of this provision in all subcontracts and purchase orders. The Engineer Consultant shall appoint a high-level official with decision-making capabilities for the Engineer Consultant to administer and coordinate the EngineerConsultant’s efforts to carry out the requirements and provisions of the City’s MWBE Policy and Procedures and its Contractual commitments. The City of Arlington reaffirms that it will not, nor will its engineersConsultants, discriminate based on race, age, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, gender, disability, or place of birth in the award and performance of contracts. Every locally funded contract will be evaluated by the City to determine the appropriate method for enhancing MWBE participation, including progress towards the achievement of the annual aspirational MWBE goal and other program objectives. Procedures for implementation, including good faith efforts requirements, information submitted with bid proposals, reporting procedures, etc., shall be consistent with the procedures utilized in the City’s MWBE Policy & Procedures Manual. The City will recognize MWBE companies that have received one or more certifications from the following organizations: • North Central Texas Regional Certification Agency (NCTRCA), • State of Texas Historically Underutilized Business (HUB), • Texas Department of Transportation (TxDOT), • DFW Minority Supplier Development Council (MSDC), and • Woman’s Business Council Southwest. The City reserves the right to review, accept or reject any certification from agencies not listed. The Engineer Consultant agrees to provide information about its minority status at time of contract execution. Engineer Consultant will also be required to submit cost information towards minority/woman owned businesses. The information submitted is for reporting purposes only and shall include the Engineer Consultant and any other firms performing work as a part of this contract such as surveying services. See attached sample Prime and Subs & Minority/Women Business Enterprise (MWBE) Report form. Submitted form shall be accompanied by copy of certification(s) for Engineer Consultant and any applicable firms. Engineer Consultant will be required to submit anticipated dollar amounts towards these businesses (if applicable) upon execution of the contract for this project and actual dollar amounts spent with the monthly pay request through the City’s Diversity Management System (B2Gnow). Engineer Consultant is responsible for ensuring its employees who are processing payment requests on its company’s behalf are trained on the City’s Diversity Management System (B2Gnow). It will be the EngineerConsultant’s responsibility to ensure submitted certification(s) are up-to-date, including for any applicable firms. Engineer Consultant shall pay its subcontractors and subconsultants no later than the 5th business day after the date the Engineer Consultant receives payment from the City. A finding of non-payment shall be a material breach of this contract. The City may withhold progress payments until the Engineer Consultant demonstrates timely payment due all subcontractors and subconsultants. The City also reserves the right to exercise other breach of contract remedies. The failure by the Engineer Consultant to carry out the requirements of the MWBE Policy and Procedures is a material breach of the Contract and may result in the termination of the Contract or such other remedies as the City deems appropriate. Violation of MWBE Policies and Procedures, or Contractual obligations, may result in any one or more of the following sanctions: 1. Administrative Warning: Issued for first-time violations or minor violations. 2. Withholding of funds payable under the Contract, including, but not limited to, funds payable for work self-performed by the EngineerConsultant. 3. Temporarily suspending, at no cost to the City, EngineerConsultant’s performance under the Contract. 4. Termination of the Contract. 5. Suspension/debarment of an Engineer Consultant for a period of time from participating in any solicitations issued by the City.