Res 2004-179 - Laserfiche WebLink

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I I I Attachment B Project Title: STEP Wave Subgrantee: City of San Marcos C. Solicitations for subcontracts, including procurement ofmatenals and equipment: In all solIcItations eIther by competItIve bIddmg or negotiation made by the Sub grantee for work to be performed under a subcontract, including procurements of materials and leases of eqUIpment, each potentIal subcontractor or supplier shall be notified by the Sub grantee of the Sub grantee ' s oblIgatIons under thIS Agreement and the regulatIons relatIve to nondiscrimination on the grounds of race, color, sex, natIonal ongm, age, religion, or disability. D. InformatIOn and reports: The Subgrantee shall prOVIde all information and reports reqUIred by the regulatIOns, or directives issued pursuant thereto, and shall permit access to ItS books, records, accounts, other sources of information, and ItS facilities as may be determined by the Department or the USDOT to be pertinent to ascertam complIance with such regulatIons or dIrectIves. Where any mformation reqUIred of the Subgrantee is in the exclUSIVe possession of another who fails or refuses to furnish thIS mformatIon, the Subgrantee shall so certIfy to the Department or the US DOT, whichever is appropnate, and shall set forth what efforts the Sub grantee has made to obtam the requested mformatIOn. E. SanctIOns for noncompliance: In the event of the Subgrantee's noncomplIance wIth the nondiscrimination provision of thIS Agreement, the Department shall impose such sanctions as It or the US DOT may determme to be appropriate. F. IncorporatIon of provisions: The Subgrantee shall include the proviSIOns of paragraphs A. through E. in every subcontract, includmg procurements of materials and leases of eqUIpment, unless exempt by the regulatIOns or dIrectives. The Subgrantee shall take such actIon WIth respect to any subcontract or procurement as the Department may direct as a means of enforcing such proviSIOns, mcludmg sanctIons for noncompliance. However, m the event a Subgrantee becomes mvolved m, or IS threatened WIth litigation with a subcontractor or supplier as a result of such dIrectIOn, the Sub grantee may request the Department to enter into litigation to protect the mterests of the state; and in addItIon, the Subgrantee may request the United States to enter mto such lItIgatIOn to protect the interests of the Umted States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It IS the polIcy of the Department and the USDOT that DIsadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or m part WIth federal funds. Consequently, the Disadvantaged Busmess Enterpnse reqUIrements of 49 CFR Part 26, apply to this Agreement as follows: . The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to partIcipate m the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faIth efforts m accordance with 49 CFR Part 26, to insure that Disadvantaged Busmess Enterpnses have the opportumty to compete for and perform agreements and subcontracts. . The Subgrantee and any subcontractor shall not discriminate on the baSIS of race, color, sex, national on gin, or disability in the award and performance of agreements funded m whole or in part with federal funds. These reqUIrements shall be included in any subcontract. Failure to carry out the reqUIrements set forth above shall constItute a breach of this Agreement and, after the notIficatIon ofthe Department, may result m termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. Page 10 of 12 TxDOT Form 1854 (rev. 7/20/2004)