Agenda Packet_2023-07-18 - Laserfiche WebLink

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Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies IX. Federal Financial Assistance Agreement Assurance (49 CFR 26.13) Each agreement SUB -RECIPIENT signs with Caltrans must include the following assurance: The SUB -RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR 26. The SUB -RECIPIENT shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The SUB-RECIPIENT's DBE Program, as required by 49 CFR 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the SUB -RECIPIENT of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Each contract Sub -recipient signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Sub -recipient deems appropriate. X. DBE Financial Institutions (49 CFR 26.27) SUB -RECIPIENT must investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBELO. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBELO. XI. Directory (49 CFR 26.31) SUB -RECIPIENT willrefer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program's website. XII. Required Contract Clauses (49 CFR 26.13 and 26.29) For the purpose of this section, contractor also means consultant, and subcontractor also includes subconsultant. For prompt payment, the following State regulations are referenced: the California Business and Professions Code (CBPC), California Public Contract Code (CPCC) and California Civil Code (CCC). SUB -RECIPIENT ensures that the following clauses or equivalent willbe included in each DOT - assisted prime contract: City Council 20 — 67 7/18Q "er 2020 4 of 8