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COOPERATIVE AGREEMENT NO. C-6-1516 <br />EXHIBIT D <br />These prompt payment provisions must be incorporated in all subcontract agreements <br />issued by Consultant under this Agreement. Each subcontract must require the Subconsultant to <br />make payments to sub-Subconsultants and suppliers in a similar manner. <br />XII. Administrative Remedies and Enforcement <br />Consultant must fully comply with the DBE contract requirements, including the Authority's <br />DBE Program and Title 49 CFR, Part 26 "Participation of Disadvantaged Businesses in <br />Department of Transportation Financial Assistance Programs" and ensure that all Subconsultants <br />regardless of tier are also fully compliant. Consultant's failure to comply constitutes a material <br />breach of contract, wherein the Authority will impose all available administrative sanctions <br />including payment withholdings, necessary to effectuate full compliance. In instances <br />of identified non-compliance, a Cure Notice will be issued to the Consultant identifying the DBE <br />non-compliance matter(s) and specifying the required course of action for remedy. <br />The Consultant must be given ten (10) working days from the date of the Cure Notice to <br />remedy or to (1) File a written appeal accompanied with supporting documentation and/or (2) <br />Request a hearing with the Authority to reconsider the Authority's DBE determination. Failure to <br />respond within the ten (10) working day period must constitute a waiver of the Consultant's right <br />to appeal. if the Consultant files an appeal, the Authority, must issue a <br />written determination and/or set a hearing date within ten (10) working days of receipt of the <br />written appeal, as applicable. A final Determination will be issued within ten (10) working days after <br />the hearing, as applicable. <br />If, after review of the Consultant's appeal, the Authority decides to uphold the decision to <br />impose DBE administrative remedies on the Consultant, the written determination must state the <br />specific remedy(s) to be imposed. <br />Failure to comply with the Cure Notice and/or to remedy the identified DBE non-compliance <br />matter(s) is a material breach of contract and is subject to administrative remedies, including, <br />withholding at minimum of two (2%) percent of the invoice amount due per month for every month <br />that the identified non-compliance matter(s) is not remedied. Upon satisfactory compliance the <br />Authority will release all withholdings. <br />In addition to administrative remedies defined in this section, the Authority is not precluded <br />from invoking other contractual and/or legal remedies available under federal, state or local laws. <br />ARTICLE 6. ACCESS TO RECORDS AND REPORTS <br />CONSULTANT shall provide AUTHORITY, the U.S. Department of Transportation (DOT), the <br />Comptroller General of the United States, or other agents of AUTHORITY, such access to <br />CONSULTANT's accounting books, records, payroll documents and facilities of CONSULTANT which <br />are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all <br />accounting books, records, work data, documents and activities related hereto. CONSULTANT shall <br />maintain such books, records; data and documents in accordance with generally accepted accounting <br />principles and shall clearly identify and make such items readily accessible to such parties during <br />CONSULTANT's performance hereunder and for a period of four (4) years from the date of final <br />payment by AUTHORITY. AUTHORITY's right to audit books and records directly related to this <br />Agreement shall also extend to all first-tier subcontractors identified in this Agreement. CONSULTANT <br />Exhibit D <br />Page 14 <br />