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725-030-06
<br /> PUBLIC TRANSPORTATION
<br /> 01/06
<br /> Pape 6 of 11
<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 CFR
<br /> 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 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 /> 12.40 The Agency agrees to report any grievances filed under this section to the Department within 30 days of
<br /> 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 requirementsimposed 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
<br /> constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et.
<br /> seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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