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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 <br />LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br />OGC— 04114 <br />Page 9 <br />10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, <br />as defined in 49 C.F R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts <br />financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal <br />and state laws and regulations apply to this Agreement. <br />The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this <br />Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with <br />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. Furthermore, the <br />Agency agrees that: <br />(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must <br />include the following assurance: <br />"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and <br />performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of <br />49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to <br />ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE <br />program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in <br />this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be <br />treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its <br />approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, <br />in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil <br />Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." <br />(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must <br />include the following assurance: <br />"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, <br />or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. <br />Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these <br />requirements is a material breach of this contract, which may result in the termination of this contract or such <br />other remedy as the recipient deems appropriate." <br />11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors <br />to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable <br />to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will <br />require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local <br />laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion <br />— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. <br />11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide <br />information about oversight needs and provide input for the recertification process. Evaluations are submitted to the <br />Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the <br />evaluation to the Agency no more than 30 days after final acceptance. <br />11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory <br />Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, <br />standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the <br />Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable <br />federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above <br />Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state <br />regulations, standards and procedures, without District involvement/oversight. <br />11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that <br />continuously earn Satisfactory and Above Satisfactory evaluations. <br />12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: <br />
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