|
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> PRODUCTION SUPPORT
<br /> LOCAL AGENCY PROGRAM AGREEMENT 02/09
<br /> Page 9
<br /> perform contracts . The Agency and its contractors and subcontractors shall not discriminate on the basis of race
<br />, color ,
<br /> national origin or sex in the award and performance of contracts , entered pursuant to this Agreement . Furthermore
<br />, 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
<br /> 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 .
<br /> 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
<br /> 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
<br /> 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 .
<br /> 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
<br /> 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
<br /> applicable
<br /> to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance
<br /> with , and will
<br /> require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and
<br /> 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 /> 12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :
<br /> 12 . 01 Equal Employment Opportunity : In connection with the carrying out of any project , the Agency shall not
<br /> discriminate against any employee or applicant for employment because of race , age , religion , color , sex , national
<br /> origin ,
<br /> disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
<br /> and that
<br /> employees are treated during employment without regard to their race , age , religion , color , gender , national origin
<br />,
<br /> disability or marital status . Such action shall include , but not be limited to , the following : employment upgrading , demotion
<br /> or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation
<br />; and
<br /> selection for training , including apprenticeship . The Agency shall insert the foregoing provision modified only to show the
<br /> particular contractual relationship in all its contracts in connection with the development of operation of the project ,
<br /> except
<br /> contracts for the standard commercial supplies or raw materials , and shall require all such contractors to insert
<br /> a similar
<br /> provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . When the
<br />project
<br /> involves installation , construction , demolition , removal , site improvement or similar work , the Agency shall post , in
<br /> conspicuous places available to employees and applicants for employment for project work , notices to be provided by the
<br /> Department setting forth the provisions of the nondiscrimination clause .
<br /> 12 . 02 Title VI - Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by
<br />Title VI of the
<br /> Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder , and the
<br /> assurance
<br /> by the Agency pursuant thereto .
<br /> The Agency shall include provisions in all contracts with third parties that ensure compliance with Title
<br /> VI of the Civil
<br /> Rights Act of 1964 , 49 C . F . R . Part 21 , and related statutes and regulations .
<br />
|