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RES 17-83
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RES 17-83
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12/19/2017 9:11:40 AM
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City Government
type
RES
date
12/18/2017
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MnDOT Contract No. 1029944 <br />compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR <br />Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every <br />mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard <br />work week is permissible provided that the worker is compensated at a rate of not less than one and a half <br />times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of <br />40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be <br />required to work in surroundings or under working conditions which are unsanitary, hazardous or <br />dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily <br />available on the open market, or contracts for transportation or transmission of intelligence. <br />18.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of <br />"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a <br />contract with a small business firm or nonprofit organization regarding the substitution of parties, <br />assignment or performance of experimental, developmental, or research work under that "funding <br />agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to <br />Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts <br />and Cooperative Agreements," and any implementing regulations issued by the awarding agency. <br />18.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1253-1387), <br />as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that <br />requires the non -Federal award to agree to comply with all applicable standards, orders or regulations <br />issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as <br />amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the <br />Regional Office of the Environmental Protection Agency (EPA). <br />18.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) <br />must not be made to parties listed on the government wide exclusions in the System for Award <br />Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders <br />12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and <br />Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by <br />agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive <br />Order 12549. <br />18.9. Byrd Anti -lobbying Amendment. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding <br />$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not <br />used Federal appropriated funds to pay any person or organization for influencing or attempting to <br />influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or <br />an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other <br />award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that <br />takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier <br />up to the non -Federal award. <br />18.10. Procurement of Recovered Materials. See 2 CFR 200.322 Procurement of Recovered Materials. <br />18.11. Drug -Free Workplace. In accordance with 2 C.F.R. § 32.400, the Local Government will comply with the <br />Drug -Free Workplace requirements under subpart B of 49 C.F.R. Part 32. <br />18.12, Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal <br />financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. <br />252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the <br />Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory <br />requirements to the end that no person in the United States shall, on the grounds of race, color, national <br />origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be <br />10 <br />
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