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<br />Dakota Human Rights Act, the Drug Abuse Prevention Treatment and Rehabilitation Act of 1970,
<br />the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
<br />of 1970, Alcohol, Drug Abuse and Mental Health Administration Reorganization Act of 1992, the
<br />Pro-children Act of 1994, and the Drug-free Workplace Act of 1988. Questions regarding the
<br />provision of services according to these Acts may be directed to Captain Gordon La France,
<br />Planning and Research Officer, North Dakota Highway Patrol, 600 E Boulevard Avenue Dept.
<br />504, Bismarck NO 58505-0240 (701-328-2455).
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<br />The Local Entity certifies by signing this agreement that neither the Local Entity, Subcontractor nor
<br />the principals, are presently debarred, declared ineligible or voluntarily excluded from participation
<br />in transactions with the State or Federal Government by any Department or Agency of the Federal
<br />Government.
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<br />VI. AUTHORITY TO CONTRACT
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<br />The Local Entity shall not have the authority to contract for or on behalf of or incur obligations on
<br />behalf of the Department. However, the Local Entity may subcontract with qualified Local Entities
<br />of services provided that any such subcontract shall acknowledge the binding nature of this
<br />agreement, and incorporate this agreement, together with its attachments as appropriate. The
<br />Local Entity agrees to be solely responsible for the performance of any subcontractor.
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<br />VII. INDEPENDENT ENTITY
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<br />The Local Entity shall perform as an independent entity under this agreement. The Local Entity,
<br />its employees, agents or representatives are not employees of the Department for all purposes,
<br />including but not limited to, the application of the Social Security Act, the Fair Labor Standards Act,
<br />the Federal Insurance Contribution Act, the Federal Unemployment Act, the North Dakota
<br />Unemployment Compensation Law, and the North Dakota Workers' Compensation Act. No part of
<br />this agreement shall be construed to represent the creation of an employer/employee relationship.
<br />The Local Entity will retain sole and absolute discretion in the judgment of the manner and means
<br />of carrying out the Local Entity's activities and responsibilities under this agreement.
<br />
<br />VIII. NONPERFORMANCE
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<br />Failure by the Local Entity to perform the terms of this agreement shall constitute a breach of
<br />contract, and shall result in the immediate termination of the agreement, In the event of a
<br />termination for breach by the Local Entity, the department may retain, as liquidated damages, any
<br />payment to be made under this agreement which remains unpaid at the time of the breach, and
<br />may also recover from the Local Entity, those amounts already paid for individual items of work
<br />which are incomplete at the time of the breach.
<br />
<br />However, should a breach by the Local Entity be caused by circumstances, beyond the control of
<br />the Local Entity, and no fault of its own, so as to render the agreement impossible of performance
<br />by the Local Entity, then the agreement shall be terminated. In the event of a breach, by the Local
<br />Entity, in such circumstances, the Department may set off, against any liability or obligations owed
<br />to the Local Entity, under this agreement or otherwise, any amounts paid for individual items of
<br />- work which are incomplete at the time of the breach, but shall not be entitled to liquidated
<br />damages.
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<br />The Department shall give written notice, to the Local Entity, of the termination, which notice shall
<br />specify the effective date thereof.
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