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03-13-23-R
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03-13-23-R
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SWIFT Contract # 223957 <br />M N 062021A <br />Saint Paul, MN 55106 <br />Telephone: 651.793.1007 <br />Email Address: Dana.Gotz@state.mn.us <br />The Governmental Unit's Authorized Representative is the person below, or his/her successor: <br />Name: <br />Joe Kelly, Attorney <br />Address: <br />2350 Wycliff Street, Suite 200 <br />St. Paul, MN 55114 <br />Telephone: <br />651.224.3781 <br />Email Address: <br />Ikelly@kellyandlemmons.com <br />Assignment, Amendments, Waiver, and Agreement Complete <br />5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. <br />5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above <br />must be in writing and will not be effective until it has been signed and approved by the same parties who <br />signed and approved the original agreement, their successors in office, or another individual duly <br />authorized. <br />5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the <br />provision or the right to enforce it. <br />5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the <br />Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be <br />used to bind either party. <br />Liability <br />Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or <br />liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat <br />§ 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. <br />Ch. 466 and other applicable laws, governs the Governmental Unit's liability. <br />Audits <br />7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies <br />and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, <br />the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this <br />Agreement. <br />Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting <br />procedures and practices of BCA. The examination shall be limited to the books, records, documents, and <br />accounting procedures and practices that are relevant to this Agreement. <br />7.2 Under applicable state and federal law, the Governmental Unit's records are subject to examination by the <br />BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. <br />7.3 If the Governmental Unit accesses federal databases, the Governmental Unit's records are subject to <br />examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make <br />any requested data available for review and audit. <br />7.4 If the Governmental Unit accesses state databases, the Governmental Unit's records are subject to <br />examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any <br />requested data available for review and audit. <br />DPS/BCA CJDN JPA_March 2021 <br />
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