R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION

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�♦ .. and shall require ali such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercia] supplies or raw materials. (2) If, as a condition of assistance, the Recipient has submitted and the Government has approved, an equal employment opportunity prograzn that the Recipient agrees to carry out, such pr�gram ;s inccrpQrat�d into this Agreement by reference. Such program shall be treated as a contractual obligation; and faih�re to carry out the terms of that equal cmployment opportunity program shall be treated as a violation of this Agreement. Upcm not�fication to the Recipient of its failure to carry out the approved program,the Government will impose such remedies as it may deem appropriate, which remedies may include termination of financial assistance as set forth in Part II, Section 108�of this Agreement, or other measures that may affect the capability of the Recipient to obtain future financial assistance under the Federal Transit Act, as amended; Title 23. United States Code (Highways), or the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L, l 02-240, Dec. 18, l 991. b. Disad��antaged Business Enterprise. The Recipient agrees to facilitate participation of disadvantaged business enterprises (DBE) as follows: (11 The Recipient agrees to comply with current t3.S. DOT regulations at 49 C.F.R. Part 23, including any amendments thereto that may be issued during the term of this Agreement. (2l The Recipient agrees that it shall not discriminate on the basis of race, color, national origin, �r sex in the award and performance of any U.S. DOT assisted contract. The Recipient agrees to take all necessary and reasonable steps under 49 C.F.R. Part 23 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S. DOT assisted conttacts. The Recipient's DBE program, if required by 49 C.F.R. Part 23 and as approved by U.S. DOT, is incotporated 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. L'pon notification to the Recipient of its failure to carry out its approved program, U.S. DOT may impose sanct�ons as provided for under 49 C.F.R. Part 23. (3) The Recipient agrees to include the following clause in all agreements between the � Recipient and subrecipients and in all third party contracts assisted by the Government (FTA) between the Recipient or subrecipients and third party contractors: THE (CONTRACTOR, SUBRECIPIENT, OR SUBCONTRACTOR) SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, OR SEX IN THE PERFORMANCE OF THIS (CONfRACT OR AGREEMENT). THE REQLJIREMENTS OF 49 C.F.R. PART 23 AND?HE RECIPIENT'S U.S. DOT-APPROVED DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM (WHERE REQUIRED) ARE INCORPORATED IN THIS (CONTR.ACT OR AGREEMENT) BY REFERENCE. FAILURE BY THE (CONTRACTOR, SUBRECIPIENT, OR SUBCONTRACTOR) TO CARRY OUT THESE REQUIREMENTS IS A MATERIAL BREACH OF THE (CONTRACT OR AGREEMENT), WHICH MAY RESUL'T IN THE TERMINATION OF THIS Page 20