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<br />V. LOCAL ENTITY ASSURANCES <br /> <br />This agreement shall be construed according to the laws of the state of North <br />Dakota. In connection with the furnishing of supplies or performance of work under <br />this agreement, persons who contract with or receive funds to provide services to <br />the North Dakota Highway Patrol are obligated and agree to comply with all local, <br />state and federal laws, regulations and executive orders related to the <br />performance of this agreement including but not limited to the following: Fair Labor <br />Standards Act, Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of <br />1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of <br />1975, the Age Discrimination in Employment Act of 1967, the Americans with <br />Disabilities Act of 1990, the North Dakota Human Rights Act, the Drug Abuse <br />Prevention Treatment and Rehabilitation Act of 1970, the Comprehensive Alcohol <br />Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, <br />Alcohol, Drug Abuse and Mental Health Administration Reorganization Act of <br />1992, the Pro-children Act of 1994, and the Drug-free Workplace Act of 1988. <br />Questions regarding the provision of services according to these Acts may be <br />directed to Captain Gordon La France, Planning and Research Officer, North <br />Dakota Highway Patrol, 600 E. Boulevard Ave. Dept 504, Bismarck, NO 58505- <br />0240 (701-328-2455). <br /> <br />The Local Entity certifies by signing this agreement that neither the Local Entity, <br />Subcontractor, nor the principals, are presently debarred, declared ineligible or <br />voluntarily excluded from participation in transactions with the State or Federal <br />Government by any Department or Agency of the Federal Government. <br /> <br />VI. AUTHORITY TO CONTRACT <br /> <br />The Local Entity shall not have the authority to contract for or on behalf of or incur <br />obligations on behalf of the Department. However, the Local Entity may <br />subcontract with qualified Local Entities of services provided that any such <br />subcontract shall acknowledge the binding nature of this agreement, and <br />incorporate this agreement, together with its attachments as appropriate. The <br />Local Entity agrees to be solely responsible for the performance of any <br />subcontractor. <br /> <br />VII. INDEPENDENT ENTITY <br /> <br />The Local Entity shall perform as an independent entity under this agreement. <br />The Local Entity, its employees, agents or representatives are not employees of <br />the Department for all purposes, including but not limited to, the application of the <br />Social Security Act, the Fair Labor Standards Act, the Federal Insurance <br />Contribution Act, the Federal Unemployment Act, the North Dakota Unemployment <br />Compensation Law, and the North Dakota Workers' Compensation Act. No part of <br />this agreement shall be construed to represent the creation of an <br />employer/employee relationship. The Local Entity will retain sole and absolute <br /> <br />-2- <br />