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FORM 725.030-08
<br /> PUSUC TRANSP ADMIN.07/00
<br /> Nge7of12
<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 Chapter
<br /> 287, Florida Statutes, 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 the
<br /> Department that selection has been accomplished in compliance with the Consultant's 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 in
<br /> 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 not
<br /> discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.
<br /> The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
<br /> employment,without regard to their race, age, creed;color,sex, or national origin. Such action shall include, but not be
<br /> limited to,the following: Employment upgrading,demotion, or transfer; recruitment or recruitment advertising;layoff or
<br /> termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency
<br /> shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in
<br /> connection with the development or operation of the project, except contracts for the standard commercial supplies or raw
<br /> materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for
<br /> standard commercial supplies or raw materials. When the project involves installation, construction,demolition, removal,
<br /> site improvement,or similar work,the Agency shall post,in conspicuous places available to employees and applicants for
<br /> employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination
<br /> clause.
<br /> 13.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification
<br /> that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),
<br /> the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency
<br /> 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 origin,
<br /> religion,sex,disability and familial status.
<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,the regulations of the federal
<br /> government issued thereunder, and the assurance by the Agency pursuant thereto.
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