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<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />LOCAL AGENCY PROGRAM AGREEMENT
<br />
<br />52~10-40
<br />PRODUCTION SUPPORT
<br />02/09
<br />Page 9
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<br />49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. 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 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 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.)."
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<br />(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
<br />include the following assurance:
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<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.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 such
<br />other remedy as the recipient deems appropriate."
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<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 applicable
<br />to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
<br />require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and 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.
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<br />12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
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<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 origin,
<br />disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
<br />employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
<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 payor other forms of compensation; 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, except
<br />contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
<br />provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the 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.
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<br />12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
<br />Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
<br />by the Agency pursuant thereto.
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<br />The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
<br />Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
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<br />12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
<br />the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
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<br />12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
<br />for a public 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 work; may not
<br />submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
<br />subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
<br />excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
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