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05-22-23-R
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MnDOT Agreement No. 1053135 <br />SP or SAP No. 187-108-004, Tied to SAPS 187-020-025 and 062-676-007 <br />Marc Briese, <br />Programs Engineer, <br />MnDOT State Aid Office <br />395 John Ireland Boulevard, MS 500 <br />St. Paul, MN 55155 <br />Office: 651-366-3802 <br />marc.briese@state.mn.us <br />or his/her successor. State's Authorized Representative has the responsibility to monitor Grantee's performance <br />and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's <br />Authorized Representative will certify acceptance on each invoice submitted for payment. <br />6.2 Grantee's Authorized Representative is: <br />David Swearingen, Public Works Director/City Engineer, 1245 West Highway 96 Arden Hills, MN 55112, 651- <br />792-7847, dswearingen@cityofardenhills.org. If Grantee's Authorized Representative changes at any time during <br />this agreement, Grantee will immediately notify the State. <br />Assignment Amendments, Waiver, and Grant Agreement Complete <br />7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without <br />the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the <br />same parties who executed and approved this agreement, or their successors in office. <br />7.2 Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been <br />executed and approved by the same parties who executed and approved the original agreement, or their successors <br />in office. <br />7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or <br />the State's right to subsequently enforce it. <br />7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State <br />and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either <br />party. <br />7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using <br />electronic signatures and converting original documents to electronic records. <br />7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from <br />receiving federal or state awards. <br />Liability <br />Grantee and State agree that each will be responsible for its own acts and the results thereof to the extent authorized by <br />law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of State is <br />governed by the provisions of Minn. Stat. Sec. 3.736. If Grantee is a "municipality" as that term is used in Minn. Stat. <br />Chapter 466, then the liability of Grantee is governed by the provisions of Chapter 466. Grantee's liability hereunder <br />shall not be limited to the extent of insurance carried by or provided by Grantee, or subject to any exclusion from <br />coverage in any insurance policy. <br />State Audits <br />Under Minn. Stat. § 16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices <br />of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State and/or <br />the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, <br />receipt and approval of all final reports, or the required period of time to satisfy all state and program retention <br />requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an <br />audit. <br />10 Government Date Practices and Intellectual Property Rights <br />10.1 Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices <br />Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies <br />to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this <br />agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by <br />CM State Aid SRTS Grant Agreement (Rev. December 2022) <br />
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