R92-163 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION

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(b) A Recipient that is required to submit affirmative action programs under 49 C.F.R. § 23.41(a) (2) or 49 C.F.R. § 23 .41(a) (3) and has business opportunities for lessees shall submit for approval to the Department of Transportation with its programs overall goals for the participation as lessees of firms owned and controlled by MBE's. These goals shall be for a specified period of time and shall be based on the factors listed ' in 49 C.F.R. § 23 .45 (g) (5) . The Recipient shall review these goals at least annually, and whenever they expire, analyzing projected versus actual MBE participation during the period ' covered by the review and any changes in factual circumstances affecting the selection of goals. Following ea�h review, the Recipient shall submit new overall goals to the Department of Transportation for approval. A Recipient that fails to meet its goals for MBE lessees shall demonstrate to the Government in writing that it made reasonable efforts ta meet the goals. (c) Except as provided in this section, the Recipient is required to include lessees in affirmative action programs. Lessees themselves are not subject to the requirements of this Part, except for the requirement under 49 C.F.R. § 23.7 that lessees avoid discrimination against MBE's. (5) The Recipient agrees to include the clauses in Subsections 114.b. (1) (a) and 114.b. (1) (b) of Part II of this Agreement in all subsequent agreements between the Recipient and any sub-recipient and in all subsequent contracts assisted by the Government (UMTA) between the Recipient or sub-recipients and any third party contractor. c. Title VI Civil Riahts Act of 1964. The Recipient shall comply and shall assure the compliance by contractozs and subcontractors under this Project with all requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d; Department of Transportation regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -- Effectuation of Title VZ of the Civil Rights Act, " 49 C.F.R. Part 21; and the Assurance by the Recipient pursuant thereto. � d. Nondiscrimination on the Basis of Handicat�. The Recipient shall ensure that all fixed facility construction or alteration , and all new equipment included in the Project shall comply with Department of Transportation regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities, Receiving or Benefitting from Federal Financial Assistance, " 49 C.F.R. Part 27, and UMTA regulations, "Transportation for Elderly and Handicapped Persons, " 49 C.F.R. Part 609, and any amendments thereto that may be issued. e. Competition in Procurement. The Recipient agrees to comply with the Procurement Standards requirements set forth at 49 C.F.R. § 18.36 or OMB Circular A-110, Attachment O, as may be applicable; and with any supplementary directives or regulations Page 15