R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARR.4, Contract No. 4021 D. Sexual Harassment-The Grantee will have written sexual harassment policies that shall include, at a minimum, the following information: (i)the illegality of sexual harassment; (ii)the definition of sexual harassment, under state law; (iii) a description of sexual harassment, utilizing examples; (iv)the Grantee's internal complaint process including penalties; (v)the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act, 775 ILCS 5 et seq. A copy of the policies shall be provided to the Department upon request. E. Disadvantaqed Business Enterprise(DBE)-To the extent required by federal law, regulation, or directive, the Department encourages all of its Grantees to make a good-faith effort to contract with DBEs. Grantees who receive more than the minimal federal assistance threshold (currently $250,000 in FTA capital and operating funds, exclusive of funds for transit vehicle purchases, see 49 CFR Part 26.67 or$100,000 in planning funds) agree to facilitate participation of Disadvantaged Business Enterprises (DBE) as follows: 1. The Grantee agrees to comply with Section 1101(b)of SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 CFR Part 26, including any amendments thereto. 2. The Grantee agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. DOT assisted contract. The Grantee agrees to take all necessary and reasonable steps under 49 CFR Part 26 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S. DOT assisted contracts. The Grantee DBE program, if required by 49 CFR Part 26 and as approved by U.S. 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 Grantee of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR Part 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, 31 U.S.C. §§3801 et seq. 3. The Grantee agrees to include the following clauses in all agreements befinreen the Grantee and in all third party contracts funded in whole or in part with Government assistance: a. "The Grantee or subcontractor, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this (contract or agreement). The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT assisted (contracts or agreements). Failure by the (contractor, or subcontractor) to carry out these requirements is a material breach of the (contract or agreement), that may result in the termination of this (contract or agreement)or such other remedy as the Department deems appropriate." b. "The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 60 days from the receipt of each payment the prime contractor receives from (the Grantee). The prime contractor agrees further to return retainage payments to each subcontractor within 60 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of(the Grantee)." F. Disabilities State/Federal Capital Grant Page 2g