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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT01 /11 <br /> —Page <br /> 9 <br /> (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must <br /> include the following assurance : <br /> " The recipient shall not discriminate on the basis of race , color, national origin , or sex in the award <br /> and <br /> performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of <br /> 49 C . F . R . Part 26 . The recipient shall take all necessary and reasonable steps under 49 C . F . R . Part 26 to <br /> ensure nondiscrimination in the award and administration of DOT-assisted contracts . The recipient' s DBE <br /> program , as required by 49 C . F . R . Part 26 and as approved by Department , is incorporated by reference in <br /> this Agreement . Implementation of this program is a legal obligation and failure to carry out its terms shall be <br /> treated as a violation of this Agreement . Upon notification to the recipient of its failure to carry <br /> out its <br /> approved program , the Department may impose sanctions as provided for under 49 C . F . R . Part 26 and may , <br /> in appropriate cases , refer the matter for enforcement under 18 U . S . C . 1001 and/or the Program Fraud Civil <br /> Remedies Act of 1986 ( 31 U . S . C . 3801 et seq . ) . " <br /> ( b ) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must <br /> include the following assurance : <br /> "The contractor , subrecipient or subcontractor shall not discriminate on the basis of race , color, national origin , <br /> or sex in the performance of this contract . The contractor shall carry out applicable requirements of 49 C . F . R . <br /> Part 26 in the award and administration of DOT-assisted contracts . Failure by the contractor to carry out these <br /> requirements is a material breach of this contract , which may result in the termination of this contract or such <br /> other remedy as the recipient deems appropriate . " <br /> 11 .00 Compliance with Conditions and Laws : The Agency shall comply and require its contractors and subcontractors <br /> to comply with all terms and conditions of this Agreement and all federal , state , and local laws and regulations applicable <br /> to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance with , and <br /> will <br /> require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and local <br /> laws and regulations , including the " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion <br /> — Lower Tier Covered Transactions , " in 49 C . F . R . Part 29 , when applicable . <br /> 12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions : <br /> 12 .01 Equal Employment Opportunity : In connection with the carrying out of any project , the Agency shall <br /> not <br /> discriminate against any employee or applicant for employment because of race , age , religion , color, sex, national origin , <br /> disability or marital status . The Agency will take affirmative action to ensure that applicants are employed and <br /> that <br /> employees are treated during employment without regard to their race , age , religion , color, gender, national <br /> origin , <br /> disability or marital status . Such action shall include , but not be limited to , the following : employment upgrading , demotion <br /> or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation ; and <br /> selection for training , including apprenticeship . The Agency shall insert the foregoing provision modified only to show the <br /> particular contractual relationship in all its contracts in connection with the development of operation of the project , except <br /> contracts for the standard commercial supplies or raw materials , and shall require all such contractors to insert a similar <br /> provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . When the project <br /> involves installation , construction , demolition , removal , site improvement or similar work , the Agency shall <br /> post, in <br /> conspicuous places available to employees and applicants for employment for project work , notices to be provided by the <br /> Department setting forth the provisions of the nondiscrimination clause . <br /> 12 . 02 Title VI — Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by Title VI <br /> of the <br /> Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder , and the assurance <br /> by the Agency pursuant thereto . <br /> The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of <br /> the Civil <br /> Rights Act of 1964 , 49 C . F . R . Part 21 , and related statutes and regulations . <br /> 12 .03 Americans with Disabilities Act of 1990 (ADA ) : The Agency will comply with all the requirements as imposed by <br /> the ADA , the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto . <br /> 12 .04 Public Entity Crime : A person or affiliate who has been placed on the convicted vendor list following a conviction <br /> for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity <br />; may not <br />