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