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<br />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 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,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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