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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRooucTioNsuPPORT - oast Page 9 9. 01 Third Party Agreements : Except as otherwise authorized in writing by the Department , the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant or construction contracts or amendments thereto , with any third party with respect to the project without the written approval of the Department . Failure to obtain such approval shall be sufficient cause for nonpayment by the Department . The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same . 9 . 02 Compliance with Consultants' Competitive Negotiation Act : It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering , architecture or surveying services , is contingent on the Agency' s complying in full with provisions of Section 287 . 055 , Florida Statutes , Consultants ' Competitive Negotiation Act. At the discretion of the Department , the Agency will involve the Department in the consultant selection process for all projects . In all cases , the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act , 10 . 00 Disadvantaged Business Enterprise ( DBE ) Policy and Obligation : It is the policy of the Department that DBE 's , as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement . The DBE requirements of applicable federal and state laws and regulations apply to this Agreement . The Agency and its contractors agree to ensure that DBE 's have the opportunity to participate in the performance of this Agreement . In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE ' s have the opportunity to compete for and perform contracts . The Agency and its contractors and subcontractors shall not discriminate on the basis of race , color, national origin or sex in the award and performance of contracts , entered pursuant to this Agreement . Furthermore , the Agency agrees that : (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: " The recipient shall not discriminate on the basis of race , color, national origin , or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C . F . R . Part 26 . The recipient shall take all necessary and reasonable steps under 49 C . F . R . Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts . The recipient's DBE program , as required by 49 C . F . R . Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program , the Department may impose sanctions as provided for under 49 C . F . R . Part 26 and may , in appropriate cases , refer the matter for enforcement under 18 U . S . C . 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U . S . C . 3801 et seq . ) . " ( b) Each contract signed with a contractor ( and each subcontract the prime contractor signs with a subcontractor) must include the following assurance : " The contractor, subrecipient or subcontractor shall not discriminate on the basis of race , color, national origin , or sex in the performance of this contract . The contractor shall carry out applicable requirements of 49 C . F . R . Part 26 in the award and administration of DOT-assisted contracts . Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate . " 11 . 00 Compliance with Conditions and Laws : The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal , state , and local laws and regulations applicable to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance with , and will require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and local laws and regulations , including the " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions , " in 49 C . F . R . Part 29 , when applicable . 12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :