SMALL M/WBE CONTRACT CLAUSES
All applicable TCCD departments, and other related operations having contract administration responsibilities, will ensure that the following Small M/WBE clauses are included in all contracts and requests for bids or proposals subject to approval by the TCCD Board of Trustees and/or Chancellor. The inclusion of the Small M/WBE Program requirements and applicable percentages as determined by TCCD in all proposal packages will become a binding part of the contract.
A. DISPUTE RESOLUTIONS
Prime Contractors are encouraged to include appropriate language in their subcontract agreements that will be used to resolve disputes.
B. PROMPT PAYMENT
As a part of its Small M/WBE Program, TCCD will include the following or a similar clause in each contract.
The Prime Contractor or Vendor agrees to pay each Subcontractor under this prime contract agreement for satisfactory performance of its subcontract, no later than ten (10) calendar days from receipt of each payment the Prime Contractor receives from the owner. Prime Contractor or Vendor further agrees to return retainage payments (if applicable) to each Subcontractor within ten (10) calendar days after Subcontractor’s work is completed. Any delay or postponement of payment, from the above-referenced schedule, may only occur for good cause following written approval from TCCD.
C. NON-DISCRIMINATION ASSURANCE
As a part of its Small M/WBE Program, TCCD will include the following or a similar clause in each contract:
During the performance of this contract, the Contractor, Subcontractor, or Vendor agrees not to discriminate on the basis of race, color, national origin, sexual orientation, or disability. Failure to ensure non-discriminating efforts may result in a material breach of contract, which in turn may result in the termination of the contract or other remedies that TCCD deems appropriate. The Contractor or Vendor understands the requirement to include this clause in all subcontracts and purchase orders.
For all projects, retainage will be held by TCCD and paid when a Contractor or Vendor has fulfilled all of the obligations under the terms of the contract.
The Prime Contractor or Vendor agrees to return retainage payments (if applicable) to each Subcontractor in accordance with the requirements of the subcontracts after Subcontractor’s work is completed and accepted. Any delay or postponement of payment from the above-referenced schedule may only occur for good cause following written approval from TCCD.