5C, Adopt Resolution 2011-053 - Laserfiche WebLink

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3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permittedr by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will.'�in.no way be the obligation or responsibility of MnDOT. The City will require proof. of Workers' Compensation Insurance from any contractor and sub-contractor. 4. Utilities. The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly_ serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. G. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of seven years. The City will be responsible for any costs associated with the performance of the audit. H. MAINTENANCE. The City assumes .full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principaP or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The City's indemnification obligation extends to any actions related to the certification of DBE ,participation, even if such actions are recommended by MnDOT. Federal' Funding Accountability and Transparency Act (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set fo�th herein, of FFATA are met and that the City provides information to the MnDOT as required. 1. Reporting of Total Compensation of the City's Executives. (MnDOT Agreement No. 99939) Page 5