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_ .... _ <br />and disability. In addition, the Title VI program has been extended to cover all <br />progra�s, activ�ties and services of an er�tity receiving Federal fina�cial <br />assistance, whether such programs and activities are Federally assisted or nflt. <br />Even in the absence af prior discrimir�atory practice or usage, a recipient in <br />administeri�g a prograrr� or activity ta �vhich this part applies, is expected to take <br />affirmative actian to assure that no person is e�cluded from partici�ation in, or is <br />denied the benefits of, t�e program or acti�vity on tf�e grounds of race, calor, <br />national origin, sex, age, or disability. It is the responsibiiity of the City to carry <br />aut the above requirements. <br />3. Workers' Camper�sation. Any and all employees of the Czty or other persons <br />while engaged in the performance of any work ar services required or permitted <br />by the City und�r t�is agreement will not be considered employees of Mrz/DOT, <br />ar�d any and all cIaims that may arise under the Workers' Cozx�pensation Act of <br />Minnesota on beha�f of said emplayees, or other persans while so e�gaged, will <br />in no way be the ob�igatior� or responsibility af Mn/DOT. The City will require <br />proof of Workers' Compensa.tion Insurance from any contractor and sub- <br />cantractar. <br />4. Utilities. The City will treat all public, privat� or cooperativeIy awned utiiity <br />facilities w�ich directiy or indirectiy serve the publ�c and which occupy highvcray <br />rights of way in conformaace with 23 �FR G45 "Utilities" which is incorporat�d <br />herein by reference. <br />G. AUDIT. <br />1. The Caty wi�l coinply with t�e Single Audit Act of I984 and Office of <br />Managerner�t and Sudget �OMB) �ircular A-133, which are incflrporated �erein <br />by referenc�. <br />2. As provided under Minnesata Statutes Section �5C.05, subdivision 5, ail baoks, <br />recards, dacumet�ts, and accounting procedures and practices of the City ar� <br />subject ta examir�ation �y the Unfted States Government, Mn/DOT, and either <br />tl�e Legislative Auditor or the State A�ditor as appropriate, for a�ninimum af <br />seven years. The City wiI1 be responsible for any costs associated with the <br />p�rformance of t�.e auc�i�. <br />H. MAIlVTENANCE. The City ass�z�es full �•esponsibility for the aperation and <br />maintenance of any facility constr�fcted or improved under this Agreement. <br />I. CLAIMS. The Ci�y ac[cnowledges ChaT Mn/DOT is acting only as the Caty's agent far <br />acceptance and disbursernent of federal funds, and not as a principal or co-prir�cipal <br />with res�ect to the Project. The City will pay any and alI lawfnl cIaims arising out of <br />or incidenta� to the Project including, without lirnitatian, claims related to contractor <br />selectian (including the solicitation, evaluatian, and acceptance or rejection af bids ar <br />praposals), acts or omissions in performing the Project work, and any ultra vires acts. <br />The City will indemnify, defend (to the extent permitted by the Minnesota Attarney <br />{Ivin/DdT A�eement IVa. �•?.? € ii) <br />N_1�edAidlAa ee�nentVatest sasnpleslArden Hills 187 AC A�=ency Agreement 08.doc 2/i/00 Page 5 <br />