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725,030-06
<br /> PUBLIC TRANSPORTATION
<br /> OW07
<br /> 12 .20 Compliance with Consultants ' Competitive Negotiation Act: It is understood and agreed by the parties
<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 , F . S . , Consultants' Competitive Negotiation Act . At the discretion of the Department, the Agency will involve
<br /> the Department in the Consultant Selection Process for all contracts . in all cases , the Agency' s Attorney shall certify to
<br /> the Department that selection has been accomplished in compliance with the Consultants ' Competitive Negotiation Act.
<br /> 12. 30 Disadvantaged Business Enterprise (DBE) Policy and Obligation :
<br /> 12. 31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
<br /> in 49 CFR Part 26 , as amended , shall have the maximum opportunity to participate in the performance of
<br /> contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
<br /> Part 26 , as amended , apply to this Agreement.
<br /> 12. 32 DBE Obligation : The Agency and its contractors agree to ensure that Disadvantaged Business
<br /> Enterprises as defined in 49 CFR Part 26 , as amended , have the maximum opportunity to participate in the performance
<br /> of contracts and this Agreement. In this regard , all recipients , and contractors shall take all necessary and reasonable
<br /> steps in accordance with 49 CFR Part 26 , as amended , to ensure that the Disadvantaged Business Enterprises have the
<br /> maximum opportunity to compete for and perform contracts . Grantees , recipients and their contractors shall not
<br /> discriminate on the basis of race , color , national origin or sex in the award and performance of Department assisted
<br /> contracts .
<br /> 12.40 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 /> 13 . 00 Restrictions, Prohibitions, Controls, and Labor Provisions:
<br /> 13 .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 .
<br /> 13 .20 Title VI • Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
<br /> certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
<br /> U . S . C . 2000d , et. seq . ) , the Regulations of the Federal Department of Transportation issued thereunder, and the
<br /> assurance by the Agency pursuant thereto .
<br /> 13. 30 Title Vlll = Civil Rights Act of 1968 : Execution of this Joint Participation Agreement constitutes a
<br /> certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 , 42
<br /> USC 3601 et seq . , which among other things , prohibits discrimination in housing on the basis of race, color, national
<br /> origin , creed , sex, and age.
<br /> 13.40 Americans with Disabilities Act of 1990 (ADA) : Execution of this Joint Participation Agreement
<br /> constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U . S . C . 12102 , et.
<br /> seq . ) , the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto .
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