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725-030-06
<br />PUBLIC TRANSPORTATION
<br />OGC - 1/14
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<br />10.21 Compliance with Consultants' Compet'tive 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 287.055, F S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
<br />involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency s Attorney shall
<br />certify to the Department that selection has been accomplished in compliance with Chapter 287 055 F.S. the Consultants'
<br />Competitive Negotiation Act.
<br />10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto
<br />that participation by the Department in a project with an Agency, where said project involves the purchase of commodities
<br />or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which
<br />includes engineering, design and/or construction activities, where purchases or costs exceed the Threshold Amount for
<br />CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter
<br />287 057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
<br />services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency
<br />to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
<br />purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the
<br />current budget contained in Exhibit "B" or that is not consistent with the project description and scope of services
<br />contained in Exhibit "A" must be approved by the Department prior to Agency execution Failure to obtain such approval,
<br />and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
<br />Department as provided in Section 7.23.
<br />10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
<br />10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
<br />national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
<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 other remedy
<br />as the recipient deems appropriate.
<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 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 />10.40 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 />11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
<br />11.10 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
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