Agenda - 04-19-1988 - Laserfiche WebLink

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PART V (A) (continued A Form GHSP-D-( ACCEPTANCE OF CONDITIONS (16) Payment Progress payments, based upon actual allowable costs for not less or more than three(3)months may be made upon receipt of an itemized invoice from the agency on forms furnished by the department. The itemized invoice shall be supported sa than one (1) costs as prescribed by the department, unless the agency pp rted by documentation of prescribed in OMB Circular A-128.The itemized invoice shall be approved ed by the Single Governor's Act as Safety Program and the department's fiscal section prior to payment.Any rejected r unaccepted shall be borne by the agency.The agency agrees that in the event the de p d costs Federal or State rules and regulations that grant funds must be refunded,the department determines due to department a sum of money equal to the amount of Federal and State participation in the rejected costs. (17) Disadvantaged Huaineas Enterprise Re costs. requirements as specified below: Requirement:: The agency shall abide by 49 CFR Part 23 (a) It is the policy of the USDOT and the department that Disadvantaged(includin g mi nority) Business Enterprises(DBE)and Women's Business Enterprises(WEE)as defined in 49 CFR 23, shall have the maximum opportunity to participate in the performance of the project financed in whole or in part with Federal funds under this agreement. Consequently, the DBE and WEE requirements of 49 CFR 23 apply to this agreement. (b) The agency, as recipient of funds under the terms of this agreement, agrees to ensure that DBEs and WEEs,as defined in 49 CFR 23, have the maximum o the performance of contracts and subcontracts financed in whole or in partpwith Federal funds under this agreement.In this regard, the agency shall take all necessary and reason- able steps in accordance with 49 CFR 23 to ensure that DBEs and WBEs have the maximum opportunity to compete for and perform contracts and.shall not discriminate on the basis of race,color,sex,or national origin,in the performance of this agreement or other USDOT or department assisted contracts or subcontracts.To the maximum feasible extent, shall engage in outreach efforts,both formally and informally,designed to locate,develop, and certify, as appropriate, the greatest possible number of DBE and WEE firms, including but not necessarily limited to the maintenance, development, and dissemination, as appropriate, of a Directory of DBE and WBE Firms certified by the agency. (c) The department has submitted to the USDOT its own DBE and WBE Program.Any recipient of funds under the terms of this agreement,including the agency and any of its subcontra • tors, agree to either comply with the department DBE and WBE Program, or to re c submit for approval its own DBE and WBE Program meeting all the requirements st of 49 CFR 23, prior to the performance of any work under this agreement. (d) Failure of the agency,as recipient of funds under the terms of this agreement,or failure of its subcontractors (U a subcontractor is authorized) to carry out the DBE and WBE re quire- ments of this agreement shall be a breach of agreement,and may result in termination of the agreement by the department, or such other remedial actions as may be required by the department as it deems appropriate.The agency shall advise each subrecipient,contractor, or subcontractor that failure to carry out the requirements set forth in 23.43(a)shall consti- tute a breach of agreement that after the notification of the department may result in termination of the agreement or subcontract by the agency or such remedy as the agency deems appropriate. • •