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Gity of Eugene /State of Oregon Dept. of Transportation <br /> Agreement No. 27728, Amendment No. 7 <br /> contract claims, ar any other lawsuit arising out of the cantracfiar's work or Agency's <br /> supervision of the project. <br /> REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OP <br /> 7RANSPORTATIC.IN (USDOT) FINANCIAL. ASSISTANCE AGREEMENT <br /> 5. If as a condition of assistance, Agency has submitted and the United States Department of <br /> Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative <br /> Action Program which Agency agrees to carry out, this affirmative action program. is <br /> incorporated into the financial assistance agreement by reference. That program shall be <br /> treated as a legal obligation and failure to carry out its terms shall be treated as a violation of <br /> the financial assistance agreement. Upon notification from USDOT to Agency of its failure <br /> to carry out the approved program, USD07 shall impose such sanctions as noted in Title 49, <br /> C1=R, .Part 26, which sancfiians may include termination of the agreement or other measures <br /> that may affect the ability of Agency to obtain future USDOT financial assistance. <br /> 6. Disadvantaged Business Ent+srprises (DBEj Obligations. State and its contractor agree <br /> to ensure that DBB as defined in Title 49, CFR, Part 26, have the opportunity to participate <br /> in the performance of contracts and subcontracts financed in whole or in part with federal <br /> funds. In this regard, Agency shall take all necessary and reasonable steps in <br /> accordance with Title 49 CFR, Part 25, to ensure that DBF have the opparfiunity to <br /> compete far and perform contracts. Neither State nor Agency and its contractors shall <br /> discriminate an the. basis of race, color, national origin or sex in the award and performance <br /> of federally-assisted contracts.. Agency shall carry out applicable requirements of Title 49, <br /> CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry. <br /> nut these requirements is a material breach of this Agreement, which may result in the <br /> termination of this contract or such ofiher remedy as State deems appropriate. <br /> 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into <br /> under this Agreement. <br /> 8. Agency agrees to comply with all applicable civil rights laws; rules and regulations, <br /> including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with <br /> Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. <br /> <br /> 9. The parties hereto agree and understand that they will comply with all applicable federal, <br /> state, and local laws, regulations, executive orders and ordinances applicable to the work <br /> including, but not limified ~ to, the provisions of ORS ~79C.505, 279G.515, 279C.520, <br /> 2790:530 and 2798.270, incorporated herein by reference and made a part hereof; Title 23 <br /> C~'R Parts 1.11, 440, 710, and 771; Title 49-CFR Parts 1$, 24 and 26; OMB CIRCULAR <br /> NO. A-57 and NO. A-133 Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC <br /> 51 W5$, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property <br /> Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide <br /> (FAPG). <br /> 5 <br /> <br />