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In accordance with US DOT regulations, all subcontracts must include the following statement <br />of DBE policy: <br /> <br />DBE Policy: It is the policy of the Department of Transportation that <br />disadvantage business enterprises as defined in 49 CFR Part 23 shall have the <br />maximum opportunity to participate in the performance of contracts financed in <br />whole or part with Federal funds under this agreement. Consequently the DBE <br />requirements of 49 CFR Part 23 apply to this agreement. <br /> <br />DBE Obligation: The recipient or its contractor agrees to ensure that <br />disadvantaged business enterprises as defined in 40 CFR Part 23 have the <br />maximum oppommity to participate in the performance of contracts and <br />subcontracts financed in whole or in part with Federal funds provided under this <br />agreement. In this regard all recipients or contracts shall take all necessary and <br />reasonable steps in accordance with 40 CFR Part 23 to ensure the disadvantaged <br />business enterprises have the maximum oppommity to compete for and perform <br />contracts. Recipients and their contractors shall not discriminate on the basis of <br />race, creed, color, national origin, age, or sex in the award and performance of <br />F-M COG-assisted contracts." <br /> <br />Ener~v Efficiency: The Contractor shall comply with the standards and policies relating to <br />energy efficiency which are contained in the North Dakota Energy Conservation Plan issues in <br />compliance with the Energy Policy and Conservation Act, Public Law 94-163, and Executive <br />Order 11912. <br /> <br />Handicapped: The Contractor shall ensure that no qualified handicapped individual, as defined <br />in 29 USC 706(7) and 49 CFR Part 27 shall, solely by reason of this handicap, be excluded from <br />participation in, be denied the benefits of, or otherwise be subjected to discrimination under any <br />program or activity that receives or benefits from the assistance under this agreement. <br /> <br />EPA Clean Air and Clean Water Acts: The Contractor shall comply with the Clean Ak Act, <br />42 U.S.C. 1857; the Clean Water Act, 33 U.S.C. 1251; EPA regulations under 40 CFR Part 15, <br />which prohibits the use of nonexempt federal contracts, grants, or loans of facilities included on <br />the EPA List of Violating Facilities, and Executive Order 11738. <br />Successors in Interest: The provisions of this agreement shall be binding upon and shall insure <br />to the benefit of the parties hereby, and their respective successors and assigns. <br /> <br />Waivers: The failure of the F-M COG or its state/federal grantors to enforce any provisions of <br />this contract shall not constitute a waiver by the F-M COG or its state/federal grantors of that or <br />any other provision. <br /> <br />Cass County 2003 Contract - page 5 w:xPass Throughk2003Xcontracts\Cass County contract - sow.doc <br /> <br /> <br />