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725-030-06
<br /> PUBLIC TRANSPORTATION
<br /> 06/03
<br /> Page 7 of 12
<br /> 12 .20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
<br /> hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
<br /> for engineering , architecture or surveying services, is contingent on the Agency complying in full with provisions of
<br /> Chapter 287 , F . S . , Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
<br /> the Department in the Consultant Selection Process for all contracts . In all cases , the Agency' s Attorney shall certify to
<br /> the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
<br /> 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation :
<br /> 12 . 31 DBE Policy : It is the policy of the Department that disadvantaged business enterprises as defined
<br /> in 49 CFR Part 26 , as amended , shall have the maximum opportunity to participate in the performance of
<br /> contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
<br /> CFR Part 26 , as amended , apply to this Agreement.
<br /> 12 .32 DBE Obligation : The Agency and its contractors agree to ensure that Disadvantaged Business
<br /> Enterprises as defined in 49 CFR Part 26 , as amended , have the maximum opportunity to participate in the
<br /> performance of contracts and this Agreement. In this regard , all recipients , and contractors shall take all
<br /> necessary and reasonable steps in accordance with 49 CFR Part 26 , as amended , to ensure that the
<br /> Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts .
<br /> Grantees , recipients and their contractors shall not discriminate on the basis of race , color, national origin or sex
<br /> in the award and performance of Department assisted contracts .
<br /> 13 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :
<br /> 13 . 10 Equal Employment Opportunity : In connection with the carrying out of any project, the Agency shall
<br /> not discriminate against any employee or applicant for employment because of race, age, creed , color, sex or national
<br /> origin . The Agency will take affirmative action to ensure that applicants are employed , and that employees are treated
<br /> during employment, without regard to their race , age , creed , color, sex, or national origin . Such action shall include , but
<br /> not be limited to, the following : Employment upgrading , demotion , or transfer; recruitment or recruitment advertising ;
<br /> layoff or termination ; rates of pay or other forms of compensation ; and selection for training , including apprenticeship .
<br /> The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
<br /> contracts in connection with the development or operation of the project, except contracts for standard commercial
<br /> supplies or raw materials , and shall require all such contractors to insert a similar provision in all subcontracts , except
<br /> subcontracts for standard commercial supplies or raw materials. When the project involves installation , construction ,
<br /> demolition , removal , site improvement, or similar work, the Agency shall post, in conspicuous places available to
<br /> employees and applicants for employment for project work , notices to be provided by the Department setting forth the
<br /> provisions of the nondiscrimination clause .
<br /> 13 .20 Title VI - Civil Rights Act of 1964 : Execution of this Joint Participation Agreement constitutes a
<br /> certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
<br /> U . S . C . 2000d , et . seq . ) , the Regulations of the Federal Department of Transportation issued thereunder, and the
<br /> assurance by the Agency pursuant thereto.
<br /> 13 . 30 Title Vlll - Civil Rights Act of 1968 : Execution of this Joint Participation Agreement constitutes a
<br /> certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 , 42
<br /> USC 3601 et seq . , which among other things , prohibits discrimination in housing on the basis of race , color, national
<br /> origin , creed , sex, and age .
<br /> 13 .40 Americans with Disabilities Act of 1990 (ADA) : Execution of this Joint Participation Agreement constitutes
<br /> a certification that the Agency will comply with all the requirements imposed by the ADA (42 U . S . C . 12102 , et. seq . ) , the
<br /> regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto .
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