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725-030-06 <br /> PUBLIC TRANSPORTATION <br /> 06/03 <br /> Page 7 of 12 <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 <br /> CFR 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 <br /> performance of contracts and this Agreement . In this regard , all recipients , and contractors shall take all <br /> necessary and reasonable steps in accordance with 49 CFR Part 26 , as amended , to ensure that the <br /> Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts . <br /> Grantees , recipients and their contractors shall not discriminate on the basis of race , color, national origin or sex <br /> in the award and performance of Department assisted contracts . <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 VIII - 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 constitutes <br /> a certification that the Agency will comply with all the requirements imposed by the ADA (42 U . S . C . 12102 , et . seq ), the <br /> regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto . <br />