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4.10. SR 12-17-2012
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4.10. SR 12-17-2012
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MnDOT Agreement# 02482 <br /> Authorized Representative with complete information and/or disclosure <br /> thereon. <br /> 14.2.2.2. Representation. The Providing Party must perform all acts,and take all steps <br /> necessary to ensure that all intellectual property rights in the Works and <br /> Documents are the sole property of the Requesting Party, and that neither <br /> Providing Party nor its employees, agents or contractors retain any interest in <br /> and to the Works and Documents. <br /> 15. Affirmative Action <br /> The State intends to carry out its responsibility for requiring affirmative action by its Contractors, <br /> pursuant to Minnesota Statutes §363A.36. Pursuant to that Statute,the Local Government is encouraged <br /> to prepare and implement an affirmative action plan for the employment of minority persons,women, and <br /> the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human <br /> Rights. In addition,when the Local Government lets a contract for the performance of work under a work <br /> order issued pursuant to this Master Contract,it must include the following in the bid or proposal <br /> solicitation and any contracts awarded as a result thereof: <br /> 15.1. Covered Contracts and Contractors.If the Contract exceeds$100,000 and the Contractor <br /> employed more than 40 full-time employees on a single working day during the previous 12 <br /> months in Minnesota or in the state where it has its principle place of business,then the <br /> Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R.Parts <br /> 5000.3400-5000.3600.A Contractor covered by Minn. Stat. § 363A.36 because it employed more <br /> than 40 full-time employees in another state and does not have a certificate of compliance,must <br /> certify that it is in compliance with federal affirmative action requirements. <br /> 15.2. Minn.Stat §363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative <br /> action plan for the employment of minority persons,women, and qualified disabled individuals <br /> approved by the Minnesota Commissioner of Human Rights("Commissioner")as indicated by a <br /> certificate of compliance.The law addresses suspension or revocation of a certificate of <br /> compliance and contract consequences in that event. A contract awarded without a certificate of <br /> compliance may be voided. <br /> 15.3. Minn.R.Parts 5000.3400-5000.3600. <br /> 15.3.1. General. Minn. R.Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36.These <br /> rules include,but are not limited to,criteria for contents,approval,and implementation of <br /> affirmative action plans;procedures for issuing certificates of compliance and criteria for <br /> determining a contractor's compliance status;procedures for addressing deficiencies, <br /> sanctions, and notice and hearing; annual compliance reports;procedures for compliance <br /> review; and contract consequences for non-compliance. The specific criteria for approval <br /> or rejection of an affirmative action plan are contained in various provisions of Minn.R. <br /> Parts 5000.3400-5000.3600 including,but not limited to,parts 5000.3420-5000.3500 and <br /> 5000.3552-5000.3559. <br /> 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action <br /> requirements for disabled workers: <br /> 15.3.2.1. The Contractor must not discriminate against any employee or applicant for <br /> employment because of physical or mental disability in regard to any position <br /> for which the employee or applicant for employment is qualified. The <br /> Contractor agrees to take affirmative action to employ, advance in <br /> employment,and otherwise treat qualified disabled persons without <br /> discrimination based upon their physical or mental disability in all employment <br /> Page 10 of 14 <br /> CM Master Partnership Contract(CM Rev.11/02/2012) <br />
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