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2013_0325_packet
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2013_0325_packet
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Legislative Auditor or the State Auditor as appropriate, for a minimum of six <br />years. The City will be responsible for any costs associated with the <br />performance of the audit. <br />I. MAINTENANCE. The City assumes full responsibility for the operation and <br />maintenance of any facility constructed or improved under this Agreement. <br />J. CLAIMS. The City acknowledges that MnDOT is acting only as the City’s agent <br />for acceptance and disbursement of federal funds, and not as a principal or co- <br />principal with respect to the Project. The City will pay any and all lawful claims <br />arising out of or incidental to the Project including, without limitation, claims <br />related to contractor selection (including the solicitation, evaluation, and <br />acceptance or rejection of bids or proposals), acts or omissions in performing the <br />Project work, and any ultra vires acts. The City will indemnify, defend (to the <br />extent permitted by the Minnesota Attorney General), and hold MnDOT <br />harmless from any claims or costs arising out of or incidental to the Project, <br />including reasonable attorney fees incurred by MnDOT. The City indemnification <br />obligation extends to any actions related to the certification of DBE participation, <br />even if such actions are recommended by MnDOT. <br />K. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA). <br />This Agreement requires the City to provide supplies and/or services that are <br />funded in whole or in part by federal funds that are subject to FFATA. The City is <br />responsible for ensuring that all applicable requirements, including but not limited <br />to those set forth herein, of FFATA are met and that the City provides information <br />to the MnDOT as required. <br />The City shall comply with the following: <br />1, Reporting of Total Compensation of the City’s Executives. <br />(a) The City shall report the names and total compensation of each of <br />its five most highly compensated executives for the City’s <br />preceding completed fiscal year, if in the City’s preceding fiscal <br />year it received: <br />i. 80 percent or more of the City’s annual gross revenues from <br />Federal procurement contracts and Federal financial <br />assistance subject to the Transparency Act, as defined at 2 <br />CFR 170.320 (and subawards); and <br />ii. $25,000,000 or more in annual gross revenues from Federal <br />procurement contracts (and subcontracts), and Federal <br />financial assistance subject to the Transparency Act (and <br />subawards); and <br />iii. The public does not have access to information about the <br />compensation of the executives through periodic reports filed <br />under section 13(a) or 15(d) of the Securities Exchange Act of <br />1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the <br />Internal Revenue Code of 1986. (To determine if the public <br />has access to the compensation information, see the U.S. <br />Security and Exchange Commission total compensation filings <br />at http://www.sec.gov/answers/execomp.htm.). <br />Agreement no. 03474 <br />-6- <br /> <br />
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