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City of La Porte Police Department <br />STEP CMV 2020 <br />E. in every subcontract, including procurements of materials and leases of equipment, unless <br />exempt by the regulations or directives. The Subgrantee shall take any action with respect to any <br />subcontract or procurement that the Department may direct as a means of enforcing those <br />provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes <br />involved in, or is threatened with litigation with a subcontractor or supplier as a result of such <br />direction, the Subgrantee may request the Department to enter into litigation to protect the interests <br />of the state- and in addition, the Subgrantee may request the United States to enter into such <br />litigation to protect the interests of the United States. <br />ARTICLE23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM <br />A. The patties shall comply with the DBE Program requirements established in 49 CFR Part 26. <br />B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. <br />C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE <br />guidelines and in consideration of the local market, project size, and nature of the goods or services <br />to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal <br />and shall be responsible for documenting its actions. <br />D. The Subgrantee shall follow all other pails of the Department's DBE program referenced in <br />TxDOT Form 2395, Memorandurn of Understanding Regarding the Adoption of the Texas <br />Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity <br />and attachments found at web address httt woiw tX t b U I s �' a rt i sldbe htrnl <br />1, aQ . us. _a _m_e� <br />E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the <br />award and performance of any USDOT-assisted contract or in the administration of its DBE <br />program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and <br />reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of <br />USIDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as <br />approved by USDOT, is incorporated by reference in this agreement. Implementation of this program <br />is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. <br />Upon notification to the Subgrantee of its failure to carry out its approved program, the Department <br />may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer <br />the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 <br />(31 USC 3801 et seq.). <br />F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor <br />signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or <br />sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the <br />performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part <br />26 in the award and administration of USIDOT-assisted contracts. Failure by the contractor to carry <br />out these requirements is a material breach of this agreement, which may result in the termination of <br />this agreement or such other remedy as the recipient deems appropriate. <br />ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to <br />subrecipients as well as States) <br />Instructions for Primary Tier Participant Certification (States) <br />1. By signing and submitting this proposal, the prospective primary tier participant is providing the <br />certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200- <br />2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 13 of 29 <br />