Laserfiche WebLink
MnDOT Contract No: 1031738 <br /> <br /> -5- <br /> <br />Receivable Standard (Cooperative Agreements) <br />7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has <br />been executed and approved by the same parties who executed and approved the original Agreement, or <br />their successors in office. <br />7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision <br />or the party's right to subsequently enforce it. <br />7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and <br />the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind <br />either party. <br />8. Liability; Worker Compensation Claims <br />8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law <br />and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes <br />§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other <br />applicable law govern liability of the City. <br />8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation <br />Act. <br />9. Nondiscrimination <br />Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are <br />considered part of this Agreement. <br />10. State Audits <br />Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting <br />procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor <br />or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. <br />11. Government Data Practices <br />The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter <br />13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, <br />stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota <br />Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. <br />12. Governing Law; Jurisdiction; Venue <br />Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal <br />proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with <br />competent jurisdiction in Ramsey County, Minnesota. <br />13. Termination; Suspension <br />13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. <br />13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at <br />a level sufficient to allow for the performance of contract construction under the Project. Termination must <br />be by written or fax notice to the City. <br />13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement <br />and all work, activities and performance of work authorized through this Agreement. <br />14. Force Majeure <br />Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in <br />performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a