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4D <br />40 <br />CA <br />40 <br />wnw an. bin <br />coNsrat.tmow <br />n c -true <br />"aato <br />10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: <br />10.01 DBE Policy: It is the policy of the Depart -int that disadvantaged business enterprim as defined in 49 C.F.R. Part 23, <br />as a—meed, shall have the maxit.tum opportunity to participate in the performance of contracts financed in whole or in part <br />with Department funds under this Agreement. The DBE requirements of 49 C.F.R. Part 23, as amended, apply to this <br />Agreement. <br />1.0.02 DBE Obhgat"i: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined <br />to 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in tate performance of contracts and this <br />Agrctment. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 <br />C.F.I . Fart 23. as armndcd. to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete <br />for and perform contracts. The Agency shall not discriminate on the basis of rare, color, national origin or sex in the award <br />and perforrnance of Department assisted contracts. <br />10.03 Disadvartm9ed Business Enterprise (DW Dbligatiotn: If Federal Transit Administration or FHWA Fundingis a <br />Of this Project, the Agency must comply with Sub pan <br />p 1 g y p y part (E) cf 49 C.F.R., Part 23, as arnertded. <br />1.1.00 Resttyctions, Prohibitions, Controls, and labor Provisions: <br />11.41 Equal Ernployrn—t Opportxrrrity; In connection with the carrying out of any project, the Agency shall not discriminate <br />against any employee or applicant for employment because of rate, age, religion, color, sex, rational origin, disability or <br />marital status. The Agency will raise affirrnauve action to ensure that applicants are employed, and that employees arc treated <br />during crnployment, without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such <br />action shall include, but not be limited to, the following; Employment upgrading, demotion, or transfer; recruitment or <br />recnutntent advertising; layoff or termination; rates of pay or other fonts of compensation; and selection for graining, including <br />apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship <br />in all its contracts in connection with the development of operation of the pr*ct, except contracts for the standard commercial <br />supplies or raw materials, and shall require all such contractors be insert a aim'slar provisdao in all subcontracts, except <br />subeonrracts for standard commercial supplies or raw materials. When due project involves installation, construction, <br />demolition, removal, site improvement, or similar wort, the Agency shall pose, in conspicuous places available to employees <br />and applicants for employment for project ework, notices to be provided by time Department atxfling forth the provisiatu of the <br />nondiscrimination etause. <br />11.02 Title V1 CQ Rights Act of 1 *1: The Agency will comply with all the requirements imposed by Title Vi of the Civil <br />Rs ehts Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Departmem of Transportation issucd thereunder, and <br />,le assurance by the Agency pursuant thereto. <br />: ie Agency shall include provisions in all contracts with third parties that ensure compliance with 'I ide VI of the Civil Rights <br />-\:t of 1964; 49 C.IT. R., Pan 2l; and related statutes and regulatictts. <br />11.03 Amerkans with Disa� A& of 1990 (ADA)- The. Agency will comply with all the requirements as impotsed spn . <br />,DA. the regulations of the federal grrver,mr, m rated ile;eu suer; � x=Zr C Vy Ute ,Agency pumiant thereto. y <br />11.04 Dehmnent: Contractors who are cuttlemdy a;spended, debarred or voluntarily excluded tinder 49 G.F.R. Pan 29 or <br />-therwm determined to be ineligible, shall be prohibited from participating in The Federal -aid highway program. (23 C.F.R. <br />:35.110 (e)) <br />11.05 Public Entity Crime: "A person or affdiate wbo has ben plated on she m.,AmDI at•>-ltrr lin frlirsttirtg a w:+vicuon <br />ar a public entity crirrtc Orr v r- -it a 1 a wearer, to provtdc any goods or aervixs m a pubU : entity, may not submit <br />bid tin a contract with a ptibhc entity for the carcnvuction or repair of a public buitr)ing or lxtmir a, :: . y,y;,ttut triple <br />Fair'bit n-2-1 local AW -Y Program AWwrient <br />2_2.,6 <br />