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August 19, 2015 <br />Section 26.33 Over -concentration <br />The County of Kittitas has not identified that over -concentration exists in the types of <br />work that DBEs perform. <br />Section 26.35 Business Development Programs <br />The County of Kittitas has not established a business development program. <br />Section 26.37 Monitoring and Enforcement Mechanisms <br />The County of Kittitas will take the following monitoring and enforcement mechanisms to <br />ensure compliance with 49 CFR Part 26. <br />1. We will bring to the attention of the Department of Transportation any false, <br />fraudulent, or dishonest conduct in connection with the program, so that DOT can <br />take the steps (e.g., referral to the Department of Justice for criminal prosecution, <br />referral to the DOT Inspector General, action under suspension and debarment or <br />Program Fraud and Civil Penalties rules) provided in 26,107. <br />2. We will implement similar action under our own legal authorities, including <br />responsibility determinations in future contracts. Attachment 7 lists the regulation, <br />provisions, and contract remedies available to us in the events of non-compliance <br />with the DBE regulation by a participant in our DBE Program. <br />3. We will implement a monitoring and enforcement mechanism to ensure that work <br />committed to DBEs at contract award or subsequently (i.e., as the result of <br />modification to the contract) is actually performed by the DBEs to which the work <br />was committed. <br />4. We will implement a monitoring and enforcement mechanism that will include written <br />certification that we have reviewed contracting records and monitored work sites for <br />this purpose. This will be accomplished by subcontractor verification through onsite <br />construction observation, review of letter of intent commitments submitted by the <br />prime contractor, and requests of statement of final amounts paid to DBE <br />subcontractors at project closeout <br />5. We will implement a mechanism that will provide for a running tally of actual DBE <br />attainments (e.g., payment actually made to DBE firms), including a means of <br />comparing these attainments to commitments. In our reports of DBE participation to <br />DOT, we will show both commitments and attainments, as required by the DOT <br />uniform reporting form. <br />Section 26,39 Fostering small business participation. <br />The County of Kittitas has created a Small Business element to structure contracting <br />requirements to facilitate competition by small business concerns, taking all reasonable <br />Page 8 of 43 <br />