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CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br /> ,2r�030-06
<br /> PUBUG TRANSPORTATION
<br /> 671
<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: 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 performance
<br /> of contracts and this Agreement. In this regard , all recipients, and contractors shall take all necessary and reasonable
<br /> steps in accordance with 49 CFR Part 26, as amended , to ensure that the Disadvantaged Business Enterprises have the
<br /> maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
<br /> discriminate on the basis of race , color, national origin or sex in the award and performance of Department assisted
<br /> contracts .
<br /> The recipient shall not discriminate on the basis of race , color, national origin, or sex in the award and performance of any
<br /> DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient
<br /> shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
<br /> administration of DOT-assisted contracts. The recipient's DBE program , as required by 49 CFR part 26 and as approved
<br /> by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
<br /> carry out its terms shall be treated as a violation of this agreement . Upon notification to the recipient of its failure to
<br /> carry
<br /> out its approved program , the Department may impose sanctions as provided for under part 26 and may, in appropriate
<br /> cases , refer the matter for enforcement under 18 U . S . C . 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
<br /> U . S . C . 3801 et seq)
<br /> 12. 40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
<br /> under this section to the Department within 30 days of receipt by the Agency.
<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 VIII - 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 let seq . , which among other things , prohibits discrimination in housing on the basis of race, color, national
<br /> origin , creed , sex, and age.
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