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MnDOT Contract No. 1052149 <br />agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered <br />by this Agreement in the event the federal government does not pay the same. <br />5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each <br />Project and submit all financial, performance, and other reports as required by the terms of this Agreement <br />and the Federal award at least twenty-four months prior to the end date of the period of performance for <br />each Project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final <br />payment approval. If a closeout audit is required, final payment will be held until the audit has been <br />completed. Monitoring of any capital assets acquired with funds will continue following project closeout. <br />6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to <br />MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative, and in <br />accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local <br />Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of <br />federal, state, or local law. <br />7. Authorized Representatives <br />7.1. MnDOT's Authorized Representative is: <br />Name: Kristine Elwood, or her successor. <br />Title: State Aid Engineer <br />Phone: 651-366-4831 <br />Email: Kristine.elwood@state.mn.us <br />MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and <br />the authority to accept the services provided under this Agreement. If the services are satisfactory, <br />MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. <br />7.2. The Local Government's Authorized Representative is: <br />Name: Justin Femrite or their successor. <br />Title: Elk River City Engineer <br />Phone: 763-635-1051 <br />Email: jfemrite@elkrivermn.gov <br />If the Local Government's Authorized Representative changes at any time during this Agreement, the Local <br />Government will immediately notify MnDOT. <br />8. Assignment Amendments, Waiver, and Agreement Complete <br />8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this <br />Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, <br />executed and approved by the same parties who executed and approved this Agreement, or their successors <br />in office. <br />8.2. 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 />8.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision <br />or MnDOT's right to subsequently enforce it. <br />8.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the <br />0 <br />