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least one fully licensed, insured, and operational truck used on the Contract. The DBE receives credit for the <br />total value of the transportation services it provides on the contract using trucks it owns, insures, and <br />operates using drivers it employs. The DBE may lease trucks from another DBE firm, including an owner- <br />operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the <br />total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease <br />trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is <br />entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE <br />does not receive credit for the total value of the transportation services provided by the lessee, since these <br />services are not provided by a DBE. For purposes of this paragraph, a lease must indicate that the DBE has <br />exclusive use of and control over the truck. This does not preclude the leased truck from working for others <br />during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority <br />for use of the leased truck. Leased trucks must display the name and identification number of the DBE. If <br />CONTRACTOR listed a non-certified DBE 15t tier SUBCONTRACTOR to perform work on this contract, and <br />the non-certified DBE SUBCONTRACTOR subcontracts a part of its work or purchases materials and/or <br />supplies from a lower tier DBE certified SUBCONTRACTOR or CONTRACTOR, the value of work performed <br />by the lower tier DBE firm's own forces can be counted toward race-neutral DBE participation on the contract. <br />H. Performance of DBE SUBCONTRACTORS: DBE SUBCONTRACTORS listed by <br />CONTRACTOR in its "DBE Race-Neutral Participation Listing" (Exhibit D-2) submitted at the time of proposal <br />submittal shall perform the work and supply the materials for which they are listed, unless the <br />CONTRACTOR has received prior written authorization from the Authority to perform the work with other <br />forces or to obtain the materials from other sources. CONTRACTOR shall provide written notification to the <br />AUTHORITY in a timely manner of any changes to its anticipated DBE participation. This notice should be <br />provided prior to the commencement of that portion of the work. <br />1. Additional DBE SUBCONTRACTORS: In the event CONTRACTOR identifies additional <br />DBE SUBCONTRACTORS or suppliers not previously identified by CONTRACTOR for race-neutral DBE <br />participation under the contract, CONTRACTOR shall notify the Authority by submitting "Request for <br />Additional DBE Firm" to enable CONTRACTOR to capture all race-neutral DBE participation. <br />CONTRACTOR shall also submit, for each DBE identified after contract execution, a written confirmation <br />from the DBE acknowledging that it is participating in the contract for a specified value, including the <br />corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). <br />J. DBE Certification Status: If a listed DBE SUBCONTRACTOR is decertified during the life <br />of the project, the decertified SUBCONTRACTOR shall notify CONTRACTOR in writing with the date of <br />decertification. If a non-DBE SUBCONTRACTOR becomes a certified DBE during the life of the project, <br />the DBE SUBCONTRACTOR shall notify CONTRACTOR in writing with the date of certification. <br />CONTRACTOR shall furnish the written documentation to AUTHORITY in a timely manner. <br />K. CONTRACTOR's Assurance Clause Regarding Non-Discrimination: In compliance with <br />State and Federal anti-discrimination laws, CONTRACTOR shall affirm that they will not exclude or <br />discriminate on the basis of race, color, national origin, or sex in consideration of contract award <br />opportunities. Further, CONTRACTOR shall affirm that they will consider, and utilize <br />SUBCONTRACTORS and CONTRACTORs, in a manner consistent with non-discrimination objectives. <br />ARTICLE 6. ACCESS TO RECORDS AND REPORTS <br />CONTRACTOR shall provide CITY, AUTHORITY, the U.S. Department of Transportation (DOT), the <br />Comptroller General of the United States, or other agents of CITY, such access to CONTRACTOR's <br />accounting books, records, payroll documents and facilities of the CONTRACTOR which are directly <br />pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, <br />records, work data, documents and activities related hereto. CONTRACTOR shall maintain such books, <br />records; data and documents in accordance with generally accepted accounting principles and shall clearly <br />identify and make such items readily accessible to such parties during CONTRACTOR's performance <br />hereunder and for a period of four (4) years from the date of final payment by AUTHORITY. AUTHORITY's <br />right to audit books and records directly related to this Agreement shall also extend to all first-tier <br />SUBCONTRACTORS identified in this Agreement. CONTRACTOR shall permit any of the foregoing parties <br />to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably <br />necessary. <br />19 <br />25D-48