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XI. MINORITY BUSINESS$ ENTERPRISE tMBEI 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 shall 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. LITIGATIQN 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 FAA 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 />IN WITNESS WHEREOF, the OWNER and the ENGINEER hereto have made and executed <br />this Agreement the day and year first above written. <br />•L lirl�t��I <br />ENGINEER: <br />KITTATAS COUNTY HLA ENGINEERING AND LAND SURVEYING INC. <br />BY: BY; <br />Mark Cook, PE Michael T. Battle. PE <br />TITLE: Public Works Director TITLE: President <br />ATTEST: <br />TITLE: <br />G;C.W, :k fl Tssk Onlers',gt :ue :.a✓r d120vn2017-0$-29 Goerrs Fig i Pits! PormulCon.Ox Page 11 <br />