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725-030-06
<br /> PUBLIC TRANSPORTATION
<br /> OGC-1/14
<br /> 10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties Page 9 of 14
<br /> hereto that participation by the Department in a project with an Agency,where said project involves a consultant contract
<br /> for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
<br /> Chapter 287 055, F S, Consultants'Competitive Negotiation Act.At the discretion of the Department,the Agency will
<br /> involve the Department in the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shall
<br /> certify to the Department that selection has been accomplished in compliance with Chapter 287 055 F S,the Consultants'
<br /> Competitive Negotiation Act.
<br /> 10.22 Procurement of Commodities or Contractual Services: 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 the purchase of commodities
<br /> or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,which
<br /> includes engineering, design, and/or construction activities,where purchases or costs exceed the Threshold Amount for
<br /> CATEGORY TWO per Chapter 287 017 F S , is contingent on the Agency complying in full with the provisions of Chapter
<br /> 287 057 F S.The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
<br /> services has been accomplished in compliance with Chapter 287 057 F S It shall be the sole responsibility of the Agency
<br /> to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
<br /> purchase orders,task orders, construction change orders, or any other agreement that would result in exceeding the
<br /> current budget contained in Exhibit"B", or that is not consistent with the project description and scope of services
<br /> contained in Exhibit"A"must be approved by the Department prior to Agency execution. Failure to obtain such approval,
<br /> and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
<br /> Department as provided in Section 7.23.
<br /> 10.30 Disadvantaged Business Enterprise(DBE)Policy and Obligation:
<br /> 10.31 DBE Policy:The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,color,
<br /> national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
<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 other remedy
<br /> as the recipient deems appropriate.
<br /> The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
<br /> DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient
<br /> shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
<br /> administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved
<br /> by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
<br /> carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
<br /> out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate
<br /> cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31
<br /> U S C 3801 et seq)
<br /> 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
<br /> under this section to the Department within 30 days of receipt by the Agency
<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
<br /> not discriminate against any employee or applicant for employment because of race,age, creed,color,sex or national
<br /> origin. The Agency will take affirmative action to ensure that applicants are employed,and that employees are treated
<br /> during employment,without regard to their race, age, creed,color, sex, or national origin. Such action shall include, but
<br /> not be limited to,the following: Employment upgrading,demotion, or transfer; recruitment or recruitment advertising;
<br /> layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship
<br /> The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
<br /> contracts in connection with the development or operation of the project,except contracts for standard commercial
<br /> supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts,except
<br /> subcontracts for standard commercial supplies or raw materials.When the project involves installation, construction,
<br /> demolition, removal, site improvement,or similar work,the Agency shall post, in conspicuous places available to
<br /> employees and applicants for employment for project work, notices to be provided by the Department setting forth the
<br /> provisions of the nondiscrimination clause.
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