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<br /> <br /> <br /> <br /> and disability. In addition, the Title VI program has been extended to cover all <br /> programs, activities and services of an entity receiving Federal financial <br /> assistance, whether such programs and activities are Federally assisted or not. <br /> Even in the absence of prior discriminatory practice or usage, a recipient in <br /> administering a program or activity to which this part applies, is expected to take <br /> affirmative action to assure that no person is excluded from participation in, or is <br /> denied the benefits of, the program or activity on the grounds of race, color, <br /> national origin, sex, age, or disability. It is the responsibility of the City to carry <br /> out the above requirements. <br /> <br /> 3. Workers' Compensation. Any and all employees of the City or other persons <br /> while engaged in the performance of any work or services required or permitted <br /> by the City under this agreement will not be considered employees of Mn/DOT, <br /> and any and all claims that may arise under the Workers' Compensation Act of <br /> Minnesota on behalf of said employees, or other persons while so engaged, will <br /> in no way be the obligation or responsibility of Mn/DOT. The City will require <br /> proof of Workers' Compensation Insurance from any contractor and sub- <br /> contractor. <br /> <br /> <br /> 4. Utilities. The City will.treat all public, private or cooperatively owned utility <br /> facilities which directly or indirectly serve the public and which occupy highway <br /> rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated <br /> herein by reference. <br /> <br /> G. AUDIT. <br /> <br /> 1. The City will comply with the Single Audit Act of 1984 and Office of <br /> Management and Budget (OMB) circular A-133, which are incorporated herein <br /> by reference. <br /> <br /> 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,. <br /> records, documents, and accounting procedures and practices of the City are <br /> subject to examination by the United States Government, Mn/DOT, and either <br /> the Legislative Auditor or the State Auditor as appropriate, for a minimum of <br /> seven years. The City will be responsible for any costs associated with the <br /> performance of the audit. <br /> <br /> H. MAINTENANCE. The City assumes full responsibility for the operation and <br /> maintenance of any facility constructed or improved under this Agreement. <br /> <br /> 1. CLAIMS. The City acknowledges that Mn/DOT is acting only as the city's agent for <br /> acceptance and disbursement of federal funds, and not as a principal or co-principal <br /> with respect to the Project. The.City will pay any and all lawful claims arising out of <br /> or incidental to the Project including, without limitation, claims related to contractor <br /> selection (including the solicitation, evaluation, and acceptance or rejection of bids or <br /> proposals), acts or omissions in perforating the Project work, and any ultra vires acts. <br /> The City will indemnify, defend (to the extent permitted by the Minnesota Attorney <br /> <br /> <br /> (Mn/DOT Agreement No. ) <br /> N;TedAi&Agreement\latest samples\147-000-000 new brighton DCP Agency Agreement 06_doc 2/5/00 Page 5 <br />