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725-030.06
<br /> PUBLIC TRANSPORTATION
<br /> 07/02
<br /> Pape 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
<br /> contract for engineering,architecture or surveying services,is contingent on the Agency complying in full with
<br /> provisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation Act.At the discretion of the
<br /> Department,the Agency will involve the Department in the Consultant Selection Process for all contracts. In all
<br /> cases,the Agency's Attorney shallcertify to the Department that selection has been accomplished in compliance
<br /> 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
<br /> requirements of 49 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
<br /> the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take
<br /> all 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
<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 not
<br /> discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
<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 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
<br /> 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 VII.1 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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