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ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 <br />LOCAL AGENCY PROGRAM AGREEMENT FROGRAOGC OC--p12� e <br />Page 9 of 15 <br />The Recipient 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 perform <br />contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national <br />origin or sex in the award and performance of contracts, entered pursuant to this Agreement. <br />12. Compliance with Conditions and Laws: <br />The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this <br />Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement <br />constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to <br />comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the <br />"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," <br />in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. <br />13. Performance Evaluations: <br />Recipients are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and <br />provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or <br />designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than <br />30 days after final acceptance. <br />a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the <br />Recipient failed to develop the Project in accordance with applicable federal and state regulations, <br />standards and procedures, required excessive District involvementloversight, or the Project was brought <br />in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the <br />Project in accordance with applicable federal and state regulations, standards and procedures, with minimal <br />District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed <br />the Project in accordance with applicable federal and state regulations, standards and procedures, and the <br />Department did not have to exceed the minimum oversight and monitoring requirements identified for the <br />project. <br />b. The District will determine which functions can be further delegated to Recipients that continuously earn <br />Satisfactory and Above Satisfactory evaluations. <br />14. Restrictions, Prohibitions, Controls, and Labor Provisions: <br />During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and <br />subcontractors to include in each subcontract the following provisions: <br />a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the <br />regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient <br />pursuant thereto. The Recipient shall include the attached Exhibit "C", Title VI Assurances in all contracts <br />with consultants and contractors performing work on the Project that ensure compliance with Title VI of the <br />Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. <br />b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal <br />Government issued thereunder, and assurance by the Recipient pursuant thereto. <br />c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public <br />entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not <br />submit a bid on a contract with a public entity for the construction or repair of a public building or public <br />work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work <br />as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not <br />transact business with any public entity in excess of the threshold amount provided in Section 287.017, <br />Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the <br />convicted vendor list. <br />