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SWIFT Contract Number: 170800 <br /> <br />successful operation (training and/or <br />administrative documentation) <br />Successful completion of the CRS agency $1,000 <br />vendor NIBRS test plan by Governmental Unit <br />staff <br />Certification of submissions of all appropriate $1,000 <br />investigative and crime data by the <br />Governmental Unit <br />The total obligation of the State under this Agreement will not exceed Eight Thousand and 00/100 Dollars ($8,000.00). <br /> <br />4 Authorized Representatives <br />The State’s Authorized Representative is the person below or her successor: <br />Name: Dana Gotz, Deputy Superintendent <br />Address: Department of Public Safety; Bureau of Criminal Apprehension <br /> 1430 Maryland Street East <br /> Saint Paul, MN 55106 <br />Telephone: 651.793.1007 <br />Email Address: dana.gotz@state.mn.us <br /> <br />The Governmental Unit’s Authorized Representative is the person below or his/her successor: <br />Name: Ron Nierenhausen, Chief <br />Address: 13077 Orono Parkway <br /> Elk River, MN 55330 <br />Telephone: 763.635.1260 <br />Email Address: rnierenhausen@ElkRiverMN.gov <br /> <br />5 Assignment, Amendments, Waiver, and Agreement Complete <br />5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this <br />Agreement. <br />5.2 Amendments. Any amendment 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 <br />successors in office. <br />5.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or <br />its right to enforce it. <br />5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the State and the <br />Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to <br />bind either party. <br /> <br />6 Liability <br />The State and Governmental Unit agree each party will be responsible for its own acts and the results thereof to the <br />extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The State’s <br />liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other <br />applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, <br />Minnesota Statutes §§ 466.01-466.15, and other applicable law. <br /> <br />7 State Audits <br />Under Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and <br />accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the <br />State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. <br /> <br />8 Government Data Practices <br />The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota <br />Statutes Chapter 13, as it applies to all data provided by the State under this agreement, and as it applies to all data <br />created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this <br />agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause <br />by either the Governmental Unit or the State. <br /> <br />If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must <br />immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the <br />DPS/BCA NIBRS JPA (November 2019) 3 <br />