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City of Eugene/ODOT <br /> Agreement No. 22,213 <br /> RLC'QU/RED STATEMENT ROR USDOT FINANCIAL ASSISTANCE AGREEMENT <br /> 5. If as a condition of assistance the Agency has submitted and the US Department of <br /> Transportation has approved a Disadvantaged Business Enterprise Affirmative Action <br /> Program which the 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 <br /> of the financial assistance agreement. Upon notification to the Agency of its failure to carry <br /> out the approved program, the US Department of Transportation shall impose such <br /> sanctions as noted in Title 49,,;Code of Federal Regulations, Part 26, which sanctions may <br /> include termination of the agreement or other measures that may affect the ability of the <br /> Agency to obtain future US Department of Transportation financial assistance. <br /> 6. DBE Obligations. State and its contractor agrees to ensure that Disadvantaged Business <br /> Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance <br /> of contracts and subcontracts financed in whole or in part with Federal funds. In this <br /> regard, Agency shall take all necessary and reasonable steps in accordance with 49 <br /> CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to <br /> compete for and perform contracts. Neither State nor Agency and its contractors shall <br /> discriminate on the basis of race, color, national origin or sex in the award and performance <br /> of federally-assisted contracts. The Agency shall carry out applicable requirements of 49 <br /> CFR Part 26 in the award and administration of such contracts. Failure by the Agency to <br /> ca out th e <br /> n'y es requirements is a material breach of this contract, which ma result in the <br /> Y <br /> termination of this contract or such other remedy as ODOT deems appropriate. <br /> The DBE Policy Statement and Obligations shall be included in all subcontracts entered <br /> into under this contract. <br /> 7. The Agency further agrees to comply with all applicable civil rights laws, rules and <br /> . regulations, including .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 /> 8. 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 limited to, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and <br /> 279.555, incorporated herein by reference and made a part hereof; Title 49 CFR, Parts 26 <br /> and 90, Audits of State and t_ocal Governments; 49 CFR Parts 18 and 24; 23 CFR Part <br /> 771; Title 41, USC, Anti-Kickback Act; Title 23, USC, Federal-Aid Highway Act; 42 USC, <br /> Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as <br /> amended; provisions of Federal-Aid Policy Guide (FAPG), Title 23 Code of Federal <br /> Regulations (23 CFR) 1.11, 710, and 140; and the Oregon Action Plan. <br /> <br /> " 8 <br /> <br />