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VI.
<br />
<br />VII.
<br />
<br />VIII.
<br />
<br />Standards Act, Equal Pay Act of 1963, Titles VI and VII of the civil
<br />Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the
<br />Age Discrimination Act of 1975, the Age Discrimination in Employment Act
<br />of 1967, the Americans with Disabilities Act of 1990, the North Dakota
<br />Human Rights Act, the Drug Abuse Prevention Treatment and Rehabilitation
<br />Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention,
<br />Treatment and Rehabilitation Act of 1970, Alcohol, Drug Abuse and Mental
<br />Health Administration Reorganization Act of 1992, the Pro-children Act of
<br />1994, and the Drug-free Workplace Act of 1988. Questions regarding the
<br />provision of services according to these Acts may be directed to Major
<br />Neil Johnson, Director of Administration, North Dakota Highway Patrol,
<br />600 E. Boulevard Ave. Dept 504, Bismarck, ND 58505-0240 (701-328-2455).
<br />The Local Entity certifies by signing this agreement that neither the
<br />Local Entity, Subcontractor nor the principals, are presently debarred,
<br />declared ineligible or voluntarily excluded from participation in
<br />transactions with the State or Federal Government by any Department or
<br />Agency of the Federal Government.
<br />
<br />AUTHORITY TO CONTRACT
<br />The Local Entity shall not have the authority to contract for or on
<br />behalf of or incur obligations on behalf of the Department. However, the
<br />Local Entity may subcontract with qualified Local Entities of services
<br />provided that any such subcontract shall acknowledge the binding nature
<br />of this agreement, and incorporate this agreement, together with its
<br />attachments as appropriate. The Local Entity agrees to be solely
<br />responsible for the performance of any subcontractor.
<br />
<br />INDEPENDENT ENTITY
<br />The Local Entity shall perform as an independent entity under this
<br />agreement. The Local Entity, its employees, agents or representatives
<br />are not employees of the Department for all purposes, including but not
<br />limited to, the application of the Social Security Act, the Fair Labor
<br />Standards Act, the Federal Insurance Contribution Act, the Federal
<br />Unemployment Act, the North Dakota Unemployment Compensation Law, and the
<br />North Dakota Workers' Compensation Act. No part of this agreement shall
<br />be construed to represent the creation of an employer/employee
<br />relationship. The Local Entity will retain sole and absolute discretion
<br />in the judgment of the manner and means of carrying out the Local
<br />Entity's activities and responsibilities under this agreement.
<br />
<br />NONPERFORMANCE
<br />Failure by the Local Entity to perform the terms of this agreement shall
<br />constitute a breach of contract, and shall result in the immediate
<br />termination of the agreement, In the event of a termination for breach by
<br />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
<br />of the breach, and may also recover from the Local Entity, those amounts
<br />already paid for individual items of work which are incomplete at the
<br />time of the breach.
<br />However, should a breach by the Local Entity be caused by circumstances,
<br />beyond the control of the Local Entity, and no fault of its own, so as to
<br />render the agreement impossible of performance by the Local Entity, then
<br />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
<br />liability or obligations owed to the Local Entity, under this agreement
<br />or otherwise, any amounts paid for individual items of work which are
<br />incomplete at the time of the breach, but shall not be entitled to
<br />liquidated damages.
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