Okaloosa County BOCC — August 18, 2015 — Maruti-Executed Contract — reading text

agrees to provide the COUNTY, the FTA Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any books , documents, papers, and records of the CONTRACTOR which are directly pertinent to this solicitation for the purposes of making audits , examinations, excerpts , and transcriptions. CONTRACTOR also agrees , pursuant to 49 CFR 633.17, to provide the FTA Administrator or authorized representative (include a PMO contractor) access to CONTRACTOR's construction sites and records pertaining to a major capital project, defined at 49 USC §5302(a)(1), which is receiving federal financial assistance through the programs described at 49 USC §§5307 , 5309, or 5311. The CONTRACTOR further agrees to maintain all books , records, accounts, and reports required under the Contract for a period of not less than five years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case CONTRACTOR agrees to maintain same until the COUNTY, the FTA Administrator, the Comptroller General , or any of their duly authorized representatives, have disposed of all such litigation , appeals , claims , or exceptions related thereto. Reference 49 CFR 18.39(i) (11). 8. Civil Rights . The following requirements apply to this Contract. a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended , 42 USC §2000d , section 303 of the Age Discrimination Act of 1975, as amended, 42 USC §6102 , section 202 of the Americans with Disabilities Act of 1990, 42 USC §12132 , and Federal transit law at 49 USC §5332, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race , color, creed , national origin, sex, age, or disability. In addition , the CONTRACTOR agrees to comply with applicable federal implementing regulations and other implementing requirements FTA may issue. Page 30 of 45 b. Equal Employment Opportunity. The following equal opportunity requirements apply to this Contract: (1) Race, Color, Creed, National Origin, Sex, In accordance with Title VII of the Civil Rights Act, as amended, 42 USC §2000e, and federal transit laws at 49 USC §5332, the CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U .S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60, et seq., (which implemented Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC §2000e note), and with any other applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the project. The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training , including apprenticeship. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. (2) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC §623 and federal transit law at 49 USC §5332, the CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, CONTRACTOR agrees to comply with any implementing requirements FTA may issue. (3) Disabilities. In accordance with section 202 of the Americans with Disabilities Act, as amended , 42 USC §12112 , the CONTRACTOR agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities . In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. Page 31 of 45  c. The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by FTA, modified only to identify the affected parties. 9. Disadvantaged Business Enterprise (DBE). a. This Contract is subject to the requirements of 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT) Financial Assistance Programs and the COUNTY'S Disadvantaged Business Enterprise Program. b. The CONTRACTOR agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of Contract, which may result in the termination of this CONTRACTOR or such other remedy as with the concurrence of the COUNTY, deems appropriate. Each subcontract that the CONTRACTOR enters into must include the assurance of non-discrimination set forth in this paragraph. c. The Disadvantaged Business Enterprise (DBE) regulation (49 CFR Part 26) establishes requirements for setting an overall goal for DBE participation in federally-funded contracts. This rule requires recipients of federal funds to use a methodology based on demonstrable data of relevant market conditions and is designed to reach a goal the recipient would expect DBEs to achieve in the absence of discrimination. d. This Contract or purchase order may be funded, in whole or in part with Federal financial assistance. Accordingly, it is the policy of the COUNTY to ensure that Disadvantaged Business Enterprises (DBEs) , as defined in 49 CFR Part 26, are afforded the maximum opportunity to receive and participate as subcontractors and suppliers on all contracts funded by COUNTY; therefore, good-faith efforts must be made to provide DBEs an opportunity to participate in the project in accordance with the DBE Program Plan. e. DBE Goal: The COUNTY fully supports the federal government's Disadvantaged Business Enterprises Program. The overall goal setting provisions of 49 CFR Part 26 require that the COUNTY, as a re cipient of federal funds, set overall goals based on demonstrable evidence of the relative availability of ready, willing and able DBEs in the areas from which contractors are obtained. In this regard , the Pag e 32 of 45  COUNTY has established DBE participation goals and said goals have been established based primarily on the availability of certified DBE firms that are ready, willing , and able to participate in the project. f. CONTRACTOR agrees that throughout the term of this Contract, the services as provided by the firms identified in the proposal and shall remain at least at the percentage levels set forth therein. g. CONTRACTOR shall pay its subcontractors and suppliers prior to seeking payment from the COUNTY for such subcontracted work or supplies. CONTRACTOR agrees that if it withholds an amount as retainage from its subcontractors or suppliers, that it will release such retainage and pay same within thirty (30) days following receipt of payment of retained amounts from COUNTY, or within thirty (30) days after the subcontractor has satisfactorily completed its work, whichever shall first occur. h. CONTRACTOR agrees that nonpayment of a subcontractor or supplier shall be a material breach of this Contract and that COUNTY may, at its option, increase allowable retainage or withhold progress payments unless and until CONTRACTOR demonstrates timely payments of sums due to such subcontractors or suppliers. CONTRACTOR agrees that the presence of a "pay when paid" provision in a subcontract shall not preclude COUNTY's inquiry into allegations of nonpayment. The foregoing remedies shall not be employed when CONTRACTOR demonstrates that failure to pay results from a bona fide dispute with its subcontractor or supplier. i. CONTRACTOR agrees to submit a monthly report to COUNTY's contract representative on DBE participation , which should contain a record of payments made to its DBE subcontractors during the current reporting period on the form provided by the COUNTY. Reports shall be submitted with each invoice. Participation is based on percentage of revenues paid by CONTRACTOR to sub-contractors compared to payments received from the COUNTY. CONTRACTOR shall utilize the forms attached as Exhibit C. j. CONTRACTOR agrees to submit a Final DBE Participation Report containing the total amount paid to its DBE subcontractors to COUNTY. This report must be submitted with the CONTRACTOR's request for final payment and release of retainage, if applicable, on the form provided by the COUNTY. k. CONTRACTOR shall certify to COUNTY, the amounts paid to each DBE involved in the project as either a joint venture partner or pursuant to a subcontract with the disadvantaged businesses . All such certifications shall be signed by both CONTRACTOR and DBEs. One of the main Page 33 of 45  purposes of these provisions is to make sure that DBEs actually perform work committed to them at contract award. CONTRACTOR shall utilize the forms attached as Exhibit C. I. CONTRACTOR agrees that failure to provide appropriate certification as to the payment of DBEs and participants in the agreement and provide certification in a form acceptable to COUNTY that disadvantaged business participation requirements of the agreement have been met, notwithstanding any other provisions of the Contract, shall be cause for COUNTY to withhold further payments under the agreement until such time as such certification is received and accepted by COUNTY, and shall not entitle CONTRACTOR to terminate the agreement, to cease work to be performed , or to be entitled to any damages or extensions of time, whatsoever, due to such withholding of payment or delay in work associated thereto. A CONTRACTOR