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32 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122 <br /> <br /> <br />16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract <br />Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. <br /> <br />a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of <br />goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the <br />Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods <br />and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple <br />award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or <br />the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than <br />40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where <br />it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. <br />§ 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, <br />subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a <br />single working day during the previous 12 months must have a certificate of compliance issued by the <br />commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by <br />Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during <br />the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it <br />has its principal place of business and that does not have a certificate of compliance must certify that it is in <br />compliance with federal affirmative action requirements. <br /> <br />b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment <br />of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department <br />of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses <br />suspension or revocation of a certificate of compliance and contract consequences in that event. A contract <br />awarded without a certificate of compliance may be voided. <br /> <br />c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, <br />criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of <br />compliance and criteria for determining a Contract Vendor’s compliance status; procedures for addressing <br />deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; <br />and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative <br />action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, <br />parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. <br /> <br />d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative <br />action requirements for disabled workers. <br /> <br />AFFIRMATIVE ACTION FOR DISABLED WORKERS <br /> <br />(a) The Contract Vendor must not discriminate against any employee or applicant for employment because of <br />physical or mental disability in regard to any position for which the employee or applicant for employment is <br />qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and <br />otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability <br />in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, <br />advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, <br />including apprenticeship. <br /> <br />(b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of <br />Human Rights issued pursuant to the Minnesota Human Rights Act. <br /> <br />(c) In the event of the Contract Vendor’s noncompliance with the requirements of this clause, actions for <br />noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of <br />the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. <br /> <br />(d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for <br />employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human <br />Rights. Such notices must state the Contract Vendor’s obligation under the law to take affirmative action to