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5.8. SR 04-05-2010
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5.8. SR 04-05-2010
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approved by atwo-thirds majority vote of the members present at a <br />meeting of the Authority called for that purpose. Any excess funds in the <br />administrative budget remaining at the end of the fiscal year shall be <br />carried forward in such manner as to reduce proportionately each <br />member's contribution for the following fiscal year. <br />B. If the Authority incurs any administrative expenses as a result of a <br />claim for damages, the administrative expenses paid shall be assessed <br />against each member in the same proportion as the assessments <br />described in paragraph A above, as applicable. <br />8. Article IX, Section 2, of the Agreement is amended to read as follows: <br />Section 2: Records, Accounts and Reports. <br />The Authority shall establish and maintain such funds and accounts as <br />may be required by good accounting practices. The books and records of <br />the Authority shall be subject to the provisions of Minn. Stat. Chapter 13, <br />the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, <br />subd. 5. The Authority, within one hundred and twenty (120) days after <br />the close of each fiscal year, which shall be January 1 to December 31, <br />shall give a complete written report of all financial activities for such fiscal <br />year to the parties. <br />9. Article IX is amended by adding a new Section 6 to the Agreement to read as <br />follows: <br />Section 6: Liability <br />A. Separate Public Entity. The Authority is a public entity separate <br />from the parties and shall not be deemed by virtue of this Agreement to be <br />an agent or partner of the parties to this Agreement, the Metropolitan <br />Council, the Minnesota Department of Transportation, or any grantee, nor <br />shall the parties be liable for the actions of the Authority, the Metropolitan <br />Council, the Minnesota Department of Transportation or any grantee. <br />B. Responsibility for Own Acts and Omissions. Each party agrees that <br />it will be responsible for its own acts and omissions, the acts and <br />omissions of its commissioners, officers and employees and any liability <br />resulting there from to the extent authorized by law. No party shall be <br />responsible for the acts of the other parties and the results thereof. Each <br />party acknowledges and agrees that it is insured or self-insured consistent <br />with the limits established in Minnesota State Statute. Each party agrees <br />to promptly notify all parties if it becomes aware of any potential Authority <br />related claim(s) or facts giving rise to such claims. <br />5 <br />
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