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Local Assistance Procedures Manual EXHIBIT 9-B <br />Local Agency DBE Annual Submittal Form <br />Prompt Pay Enforcement Mechanism <br />49 CFR 26.29(d) requires providing appropriate means to enforce prompt payment. 'these means may include <br />appropriate penalties for failure to comply with the terms and conditions of the contract. The means may also <br />provide that any delay or postponement of payment among the parties may take place only for good cause with the <br />local agency's prior written approval. Please briefly describe the monitoring and enforcement mechanisms in <br />place to ensure that all subcontractors, including DBEs, are promptly paid. <br />The City's monitoring and enforcement mechanisms in- place to ensure that all subcontractors, including DBEs, <br />are promptly paid include the following: <br />Establish a contract clause that requires prime contractors to pay subcontractors for satisfactory <br />performance of their contracts no later than 30 days from receipt of each payment from the agency. <br />Establish a contract clause that requires prime contractors to include in their subcontracts language <br />providing that prime contractors and subcontractors will use appropriate alternative dispute resolution <br />mechanisms to resolve payment disputes. <br />• Establish a contract clause providing that the prime contractor will not be reimbursed for work performed <br />by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid <br />for the work they have performed. <br />(Signature) <br />Bill Smith, City Manager <br />CITY OF COLTON <br />(Authorized Governing Body Representative) <br />(Signature of Caltrans District Local Assistance Engineer) <br />Distribution: (1)Original—DLAE <br />(2) Signed copy by the DLAE— Local Agency <br />(Date) <br />(909)370-5051 _ <br />(Phone Number) <br />(Date) <br />Page 9-2 <br />L.PP 14-01 July 9, 2014 <br />