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

whose performance falls short of its original commitments shall be subject to the compliance mechanisms the COUNTY had made applicable. Sanctions for Noncompliance with DBE Program Provisions. Failure of the CONTRACTOR to carry out DBE program provisions shall constitute a breach of the Contract for default or such remedy as the COUNTY may deem appropriate. The willful making of false statements or providing incorrect information will be referred for appropriate legal action. m. CONTRACTOR agrees that it cannot terminate a DBE subcontractor for convenience and then perform the work with its own forces or its affiliate. If a situation arises that a DBE subcontractor needs to be replaced or removed, CONTRACTOR must submit a written request to COUNTY's contract representative with detailed explanation or justification for the submission of such request. If the request is due to a voluntary cessation of the DBE firm, documentation supporting the voluntary cessation must accompany the request. Requests for substitution or termination of DBE subcontractors will only be approved on a case-by-case basis provided that reasons cited are properly justified. When a DBE subcontractor is terminated or fails to complete its work, CONTRACTOR must make good faith efforts to find another DBE subcontractor to substitute for the original DBE. n. CONTRACT COMPLIANCE MONITORING I. Compliance monitoring is conducted to determine if CONTRACTOR and/or subcontractors are complying with the requirements of the DBE Program. Failure of the CONTRACTOR to comply with this provision may result in the COUNTY imposing Page 34 of 45  penalties or sanctions pursuant to the provisions of the DBE regulations at 49 CFR Part 26. ii. Contract compliance will encompass monitoring for contract dollar achievement and DBE contractor utilization. The COUNTY shall have the authority to audit and monitor all contracts and contract related documents pertaining to activities under this Contract. The requirements of the DBE Program are applicable to the CONTRACTOR, its general contractors, third party contractors , and subcontractors and suppliers. iii. CONTRACTOR shall be responsible for ensuring that proper documentation with regard to its utilization and payment of DBE subcontractors is maintained at all times and provided to COUNTY as required in this Article. 10. Energy Conservation. The CONTRACTOR agrees to comply with mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. The CONTRACTOR further agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by FTA. 11. RESERVED 12. Recycled Products. If this Contract is for items designated in Subpart B, 40 CFR part 247 by the EPA, and the purchaser or CONTRACTOR procures $10,000 or more of one of these items during the fiscal year or has procured $10 ,000 or more of such items in the previous fiscal year using federal funds, the CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 USC 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873. 13. Govemment-wide Debarment and Suspension. If this Contract has a value of $25,000 or more, this procurement is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The CONTRACTOR agrees to comply with, and assures compliance of each third-party CONTRACTOR and sub recipient at any tier, with 49 CFR 29, Subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The CONTRACTOR further agrees to include a provision requiring such compliance in any lower tier covered transaction it enters into. Page 35 of 45 14. RESERVED 15. Breaches and Dispute Resolution . FTA Circular 4220.1 F imposes the requirements at 49 CFR Part 18 upon all contracts in excess of $100,000, which contain provision of conditions that allow for administrative , contractual , or legal remedies where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Accordingly, should the provisions of the Contract not address a particular subject or issue involving disputes, performance during disputes, claims for damages , remedies , or rights and remedies, the CONTRACTOR agrees to comply with the provisions contained at 49 CFR Part 18, and further agrees to include a similar provision in all subcontracts over $100,000. 16. Clean Air. The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100 ,000 in any year. The CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §7401 , et seq. The CONTRACTOR agrees to report each violation to the COUNTY and agrees that the COUNTY will , in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office. The CONTRACTOR further agrees to include these requirements in each subcontract exceeding $100 ,000 financed in whole or in part with federal assistance provided by FTA. 17. Clean Water. If this Contract is valued at $100,000 or more, the CONTRACTOR agrees to comply with all applicable standards , orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended , 33 USC 1251 et seq . The CONTRACTOR agrees to report each violation to the COUNTY and agrees that the COUNTY will, in turn , report each violation as required to assure notification to the FTA and the appropriate EPA regional office. The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 18. Transit Employee Protective Agreements . The CONTRACTOR agrees to implement and comply with the transit employee protective requirements applicable to this Contract, and further agrees to include the applicable requirement(s) in each subcontract it enters into related , in any manner, to the performance of this Contract. a. General Transit Employee Protective Requirements: CONTRACTOR agrees that it shall be responsible for and shall implement, carry out, perform this Contract, provide service and conduct its operations in compliance with terms and cond itions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under the Contract and to meet the employee protective Page 36 of 45  requirements of 49 USC 5333(b), the COUNTY's 13(c) agreements , the U.S. Department of Labor (DOL) certifications under 49 USC 5333(b) and the DOL guidelines at 29 CFR Part 215, and all other applicable laws, rules and regulations, as they may be amended from time to time, to the extent applicable and the orders or determinations of any court of law or administrative agency. b. Nonurbanized Areas: If deemed applicable by COUNTY to CONTRACTOR's performance of this Contract, the CONTRACTOR agrees that it will implement and comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Labor and Transportation, dated May 31, 1979, and the procedures implemented by the U.S. Department of Labor or any revision thereto to the extent they are otherwise applicable to this Contract. c. CONTRACTOR shall conduct its operations and provide services in compliance with the terms and conditions of employment applicable to employees affected by the existing 13(c) agreements , the U.S. Department of Labor's (DOL) certifications under 49 USC 5333(b) , 29 CFR Part 215 and all other applicable laws , executive orders, rules and regulations, which may include but are not limited to the Federal Transit Act, 49 USC 5333(b) , National Labor Relations Act (NLRA) , Fair Labor Standards Act (FLSA) , Occupational Safety and Health (OS H) Act, Employee Retirement Income Security Act (ERISA) and all applicable regulations. d. CONTRACTOR shall comply with all applicable statutory and regulatory requirements (federal , state and local) applicable to its employees and workforce. Nonexclusive examples include , but are not limited to , the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA) , Health Insurance Portability and Accountability Act (HIPAA), Patient Protection and Affordable Care Act, drug and alcohol testing regulations at 49 CFR Parts 40 and 655 , Uniformed Services Employment and Reemployment Rights Act, Employee Polygraph Protection Act (EPPA), Consumer Credit Protection Act (CPCA) , Family and Medical Leave Act (FMLA) , Worker Adjustment and Retraining Notification Act (WARN), Title VII of the Civil Rights Act of 1964, Pregnancy Discrimination Act, Equal Pay Act of 1964 (EPA) , Age Discrimination in Employment Act of 1967 (ADEA) , the Americans with Disability Act of 1990 (ADA) , Civil Rights Act of 1991 , Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008 (GINA), as they may be amended from time to time. e. CONTRACTOR shall be solely responsible for all costs associated with compliance and/or its failure to comply with any state , federal or local law, Page 37 of 45  executive order, rule , regulation , and the 13(c) obligations of the COUNTY. CONTRACTOR's responsibilities shall include but shall not be limited to its sole responsibility for all fines , assessments, penalties, charges , fees and all determinations , orders or directives of a court of law or administrative agency arising from and/or related, in any manner whatsoever, to its compliance with or failure to comply with 13(c) requirements, the obligations owed to its paratransit workers, and the performance of the Contract. f. CONTRACTOR expressly acknowledges and agrees that its obligations hereunder and as further described in RFP No. GM-18-15 are encompassed within the scope of CONTRACTOR's obligation to save , defend, indemnify and hold harmless the COUNTY. 19. RESERVED 20. Drug