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PUBLIC TRANSPORTATION 725P-030-06
<br /> UBLIC
<br /> PUBLIC
<br /> JOINT PARTICIPATION AGREEMENT TRANSPORTATION
<br /> OGC-06n016
<br /> Page 11 of 17
<br /> with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
<br /> perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race,color,
<br /> national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
<br /> 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction
<br /> services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to
<br /> be paid from state-appropriated funds,then the Agency must comply with the requirements of Section 255.099(1), Florida
<br /> Statutes.
<br /> 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
<br /> 11.10 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 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 /> 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will
<br /> comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the
<br /> Regulations of the Federal Department of Transportation issued thereunder,and the assurance by the Agency pursuant
<br /> thereto.
<br /> 11.30 Title Vlll - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will
<br /> comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which
<br /> among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
<br /> age.
<br /> 11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
<br /> Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et seq.),the regulations of the federal
<br /> government issued thereunder, and the assurance by the Agency pursuant thereto.
<br /> 11.50 Prohibited Interests.The Agency shall not enter into a contract or arrangement in connection with the Project or
<br /> any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or
<br /> any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is
<br /> an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or
<br /> employee's spouse or child, or any combination of them, has a material interest.
<br /> a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of
<br /> any business entity.
<br /> b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property
<br /> included or planned to be included in the Project, with any person or entity who was represented before the
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