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to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. 3) The Consultant also agrees to include the foregoing requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. M. Breaches and Dispute Resolution Disputes — Disputes regarding the proposed contract will be handled as follows: Disputes arising in the performance of the proposed agreement which are not resolved by agreement of the parties shall be decided in writing by the County Project Manager. This decision shall be final and conclusive unless within ten (10)] days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the County Administrator. In connection with any such appeal, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the County Administrator shall be binding upon the Consultant and the Consultant shall abide by the decision. Performance During Dispute - Unless otherwise directed by the County, the Consultant will continue performance under the proposed agreement while matters in dispute are being resolved. N. Disadvantaged Business Enterprises 1) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 2.2 %. A separate contract goal has not been established for this procurement. 2) The Consultant agrees not to discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant agrees to carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 3) The Consultant will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. 4) The Consultant agrees to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the County. In addition, Consultant will be required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the County and contractor's receipt of the partial retainage payment related to the subcontractor's work. 5) The Consultant agrees to promptly notify the County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and will agree make F•\Community Development\Users\MPO\Transit\Transit Hubs\Main Transit Hub\Project Admin Consultant\federal requirements.docx 5