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<br /> 12.20 Compliance with Canultants'Competitive Negotiation Act: It is understood and agreed by the parties hereto
<br /> that participation by the Department in a project with an Agency, where said project involves a consultant contract for
<br /> engi Bering,architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287,
<br /> Florida Statutes,Consultants Competitive Negotiation Act. At the discretion of the Department,the Agency will involve the
<br /> 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 in 49 CFR
<br /> Part 23.as amended,shall have the maximum opportunity to participats in the performance of contracts financed in whole or
<br /> in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23,as amended,apply to this
<br /> Agreement.
<br /> 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
<br /> defined in 49 CFR Part 23,as amended,have the maximum opportunity to participate in the performance of contracts and this
<br /> Agreeamem In this regard,all recipients,and contractors shall take all necessary and reasonable steps in accordance with 49
<br /> CFR Part 23,as amended,to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
<br /> for and perform contracts.Grantees,recipients and their contractors shall not discriminate on the basis of race, color,national
<br /> origin or sex 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 origin. The
<br /> Agency will take atFirmadve action to emttre that applicants are employed,and that employees are treated during employment,
<br /> without regard to their race,age, creed,color,sex,or national origin. Such action shall include,but not be limited to,the
<br /> following: Employment upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination; rates
<br /> of pay or other forms of compensation;and selection for training, including apprenticeship. The Agency shall insert the
<br /> foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
<br /> development or operation of the project,except contracts for the standard commercial supplies or raw materials,and shall
<br /> require all such contractors to insert a similar provision in all subcontracts,except subcontracts for standard commercial
<br /> supplies or raw materials. When the project involves installation,construction, demolition,removal,site improvement,or
<br /> similar work,the Agency shall post,in conspicuous places available to employees and applicants for employment for project
<br /> work,notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
<br /> 13.20 Title VI-Civil Rights Ad of 1964: Execution of this Joint Participation Agreement constitutes a certification
<br /> that the Agency will comply with all the requirements imposed by Tide 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 pursuant
<br /> thereto.
<br /> 13.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
<br /> that the Agency will comply with all the requirements imposed by Tide VIII of the Civil Rights Act of 1968,42 USC 3601,et
<br /> seq.,which among other things,prohibits discrimination in housing on the basis of race,color, national origin,religion,sex,
<br /> 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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