City /State <br /> Agreement No. 26470 <br /> understandings, agreements, or representations, oral or written, not <br /> specified herein regarding this Agreement. No waiver, consent, modification <br /> or change of terms of this Agreement shall bind either party unless in writing <br /> and signed by both parties and all necessary approvals have been obtained. <br /> Such waiver, consent, modification or change, if made, shall be effective <br /> only in the specific instance and for the specific purpose given. The failure <br /> of State,or City to enforce any provision of this Agreement shall not <br /> constitute a waiver by State or City of that or any other provision. <br /> G. REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE <br /> AGREEMENT <br /> 1. The City further agrees to comply with all applicable civil rights laws, rules <br /> and regulations, including Title V and Section 504 of the Rehabilitation <br /> Act of 1973, the Americans with Disabilities Act of 1990 (ADA), Titles VI <br /> and VII of the Civil Rights Act of 1964and the Vietnam Era Veteran's <br /> Readjustment Act. <br /> 2. The parties hereto agree and understand that they will comply with all <br /> applicable statutes and regulations, including but not limited to Title 49 <br /> CFR, Parts 23 and 90, USC, Federal -Aid Highway Act; 2 USC, Uniform <br /> Relocation Assistance and Real Property Acquisition Policies Act of <br /> 1987; provisions of Federal -Aid Policy Guide (FAPG), Title 23 Code of <br /> Federal Regulations (23 CFR) 1.11, 710, and 140; and the Oregon <br /> Action Plan. <br /> 3. Disadvantaged Business Enterprise (DBE) Obligations: The State and its <br /> contractor agree to ensure that DBE as defined in Title 49, CFR, Part <br /> 26, have the opportunity to participate in the performance of contracts <br /> and subcontracts financed in whole or in part with federal funds. In this <br /> regard, City shall take necessary and reasonable steps in accordance <br /> with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to <br /> compete for and perform contracts. Neither the State of nor the City and <br /> its contractors shall discriminate on the basis of race, color, national <br /> origin or sex in the award and performance of federally- assisted <br /> contracts. City shall carry out applicable requirements of Title 49, CFR. <br /> Part 26, in the award and administration of such contracts. Failure by <br /> the City to carry out these requirements is a material breach of this <br /> Agreement, which may result in the termination of this contract or such <br /> other remedy as the State deems appropriate. <br /> 4. The DBE Policy Statement and Obligations shall be included in all <br /> subcontracts entered into under this Agreement. <br /> Key 14259 Page 10 of 14 <br />