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5.9. SR 02-23-2004
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5.9. SR 02-23-2004
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2/23/2004
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Mn/DOT Contract No. <br /> CFMS Contract No. <br /> <br />the State Audkor or Legislative Auditor, as appropriate, for a minimum of six years from the expiration date <br />of this contract. <br /> <br />8 <br /> <br />Government Data Practices <br />The Local Government Unit and the State must comply with the Minnesota Government Data Practices Act, <br />Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties under this contract. The <br />Act provides, inter alia, disclosure and non-disclosure provision for various types and classifications of data <br />provided to or by the State or the Local Government Unit: The civil remedies of Minnesota Statutes §13.08 <br />apply to the release of the data referred to in this clause by either the Local Government Unit or the State. <br /> <br />9 <br /> <br />Governing Law, Jurisdiction, and Venue <br />Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal <br />proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with <br />competent jurisdiction in Ramsey County, Minnesota. <br /> <br />10 Termination <br /> 10.1 Termination by the State. The State may cancel this contract at any time, with or without cause, upon <br /> 30 days' written notice to the Local Government Unit. Upon termination, the State will be entitled to <br /> payment, determined on a pro rata basis, for services satisfactorily performed. <br /> <br />10.2 <br /> <br />Termination by the State for Insufficient Funding. The State may immediately terminate this <br />contract flit does not obtain funding from the Minnesota Legislature, or other funding source; or if <br />funding or staffing levels cannot be continued at a level sufficient to allow for the provision of the <br />services covered here. Termination must be by written or fax notice to the Local Government Unit. <br />The State will be entitled to payment, determined on a pro rata basis, for services satisfactorily <br />performed to the effective date of such term/nation. The State will not be liable for any damage <br />sustained by the Local Govemment Unit as a result of the termination of this contract by the State. <br /> <br />10.3 <br /> <br />Termination by the Local Government Unit for Insufficient Funding. The Local Government Unit <br />may immediately terminate this contract if it does not obtain funding from its governing body, or other <br />funding source, or if funding cannot be continued at a level sufficient to provide for payment for the <br />services covered here. Upon such termination, the State will be entitled to payment, determined on a <br />pro rata basis, for services satisfactorily performed to the effective date of such termination. <br /> <br />11 Additional Provisions <br /> 11.1 Exhibit A is attached and incorporated into this contract. <br /> <br />11.2 <br /> <br />The parties intend that the services provided under this contract will not be construed as an <br />interchange of employees subject to Minnesota Statutes § 15.51, et seq. If the provision of the services <br />under this contract is deemed to be subject to Minnesota Statutes § 15.51, et seq., and any provision in <br />this contract is determined to conflict with such statute, then the statute will control to the extent of <br />any such conflict. <br /> <br />Rev. (12/00) 4 <br /> <br /> <br />
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