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XI. MINORITY BUSINESS ENTERPRISE MBE ASSURANCES <br />A. POLICY: It is the policy of the Department of Transportation (DOT) that minority <br />business enterprises as defined in 49 CFR Part 23 shall have the maximum <br />opportunity to participate in the performance of contracts financed in whole or in <br />part with federal funds under this Agreement. <br />B. MBE OBLIGATION: The Contractor agrees to ensure that minority business <br />enterprises as defined in 49 CFR Part 23 have the maximum opportunity to <br />participate in the performance of contracts and subcontracts financed in whole or in <br />part with federal funds provided under this Agreement. In this regard, all <br />Contractors shall take all necessary and reasonable steps in accordance with 49 <br />CFR Part 23 to ensure that minority business enterprises have the maximum <br />opportunity to compete for and perform contracts. Contractors shal[ not <br />discriminate on the basis of race, color, national origin, or sex in the award and <br />performance of DOT -assisted contracts. <br />XII. LITIGATION FEES AND EXPENSES <br />In the event suit or action be instituted to enforce any of the terms or conditions of this <br />Agreement, the losing party shall pay to the prevailing party, in addition to the costs and <br />disbursements allowed by statute, such sum as the court may adjudge reasonable as <br />attorney fees in such suit or action, in both trial and appellate court. Since the I=AA is not <br />a party to this Agreement, it cannot be held liable for actions under this section. <br />XIII. GOVERNING LAW <br />This Agreement shall be governed by the laws of the State of Washington. Venue shall be <br />in Yakima County. <br />W WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed <br />this Agreement the day and year first above written. <br />OWNER: <br />ENGINEER: <br />KITTATAS COUNTY }ILA ENGINEERING AND LAND SURVEYING INC. <br />BY: <br />Mark Cook, PE <br />BY: <br />Michael T. Battle, PE <br />TITLE: Public Works Director TITLE: President <br />ATTEST: <br />TITLE: <br />G:tCO3 ,-.,.,ts [ %sk Omer6%K" las Cn�rt,32L'a 7klos?-us-r: a�:w.:'s F+eld project F r tjtp",(;W. <br />Page 11 <br />