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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 incompliance 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,iprohibits discrimination in housing on the basis of race,color,nationaJ
<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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