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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
<br /> LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT
<br /> OGC-136/15
<br /> Page 2 of 2
<br /> Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not
<br /> limited to:
<br /> a. withholding of payments to the contractor under the contract until the contractor
<br /> complies,and/or
<br /> b. cancellation,termination or suspension of the contract,in whole or in part.
<br /> (6.) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7)
<br /> in every sub-contract, including procurements of materials and leases of equipment, unless exempt by
<br /> the REGULATIONS, or directives issued pursuant thereto The contractor shall take such action with
<br /> respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal
<br /> Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal
<br /> Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
<br /> sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in,
<br /> or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the
<br /> contractor may request the Florida Department of Transportation to enter into such litigation to protect
<br /> the interests of the Florida Department of Transportation, and, in addition, the contractor may request
<br /> the United States to enter into such litigation to protect the interests of the United States.
<br /> (7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964
<br /> (42 U S.C.§2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color, national
<br /> origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies
<br /> Act of 1970,(42 U.S C.§4601),(prohibits unfair treatment of persons displaced or whose property has
<br /> been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
<br /> 1973, (23 U.S C § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
<br /> Rehabilitation Act of 1973,(29 U.S.0 §794 et seq),as amended, (prohibits discrimination on the basis
<br /> of disability);and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101
<br /> et seq),(prohibits discrimination on the basis of age);Airport and Airway Improvement Act of 1982,(49
<br /> USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national
<br /> origin,or sex);The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage
<br /> and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
<br /> Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or
<br /> activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
<br /> contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
<br /> Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation
<br /> of public entities, public and private transportation systems, places of public accommodation, and
<br /> certain testing entities(42 U.S.0 §§12131 --12189)as implemented by Department of Transportation
<br /> regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination
<br /> statute (49 U S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and
<br /> sex),Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations
<br /> and Low-Income Populations, which ensures non-discrimination against minority populations by
<br /> discouraging programs, policies, and activities with disproportionately high and adverse human health
<br /> or environmental effects on minority and low-income populations; Executive Order 13166, Improving
<br /> Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,
<br /> national origin discrimination includes discrimination because of limited English proficiency(LEP). To
<br /> ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
<br /> meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
<br /> Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education
<br /> programs or activities(20 U.S C. 1681 et seq).
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