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Agmt 2009 Caltrans (4)
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Agmt 2009 Caltrans (4)
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5/20/2009 11:16:01 AM
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5/20/2009 11:16:00 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
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Reso 2009-069
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\City Clerk\City Council\Resolutions\2009
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EXHIBIT 9-A Local Assistance Procedures Manual <br />Disadvantaged Business Enterprise Implementation Agreement for Local Agencies <br />CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS <br />ENTERPRISE IMPLEMENTATION AGREEMENT <br />For the City of San Leandro, hereinafter referred to as "RECIPIENT." <br />Definition of Terms <br />The terms used in this agreement have the meanings defined in 49 CFR § 26.5. <br />II OBJECTIVE/POLICY STATEMENT (§26/1.26/23) <br />The RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation <br />(DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this <br />assistance, the RECIPIENT will sign the California Department of Transportation Disadvantaged Business <br />Enterprise Program Implementation Agreement (hereinafter referred to as Agreement). The RECIPIENT agrees to <br />implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) <br />Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE <br />Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26 requirements. <br />It is the policy of the RECIPIENT to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive <br />and participate in DOT-assisted contracts. It is also their policy: <br />• To ensure nondiscrimination in the award and administration of DOT-assisted contracts. <br />• To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts. <br />• To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with <br />applicable law. <br />• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as <br />DBEs. <br />• To help remove barriers to the participation of DBEs in DOT-assisted contracts. <br />• To assist the development of firms that can compete successfully in the market place outside the DBE <br />Program. <br />III Nondiscrimination (§26.7) <br />RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise <br />discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, <br />Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the <br />DBE Program Plan, the RECIPIENT will not, directly, or through contractual or other arrangements, use criteria <br />or methods of administration that have the effect of defeating or substantially impairing accomplishment of the <br />objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. <br />Page 9-28 <br />March 27, 2009 LPP 09-xx <br />
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