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<br /> MnDOT Agreement No. 1056947
<br />SAP No. 200-589-001
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<br />CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. Feb 2024)
<br />audit.
<br />10 Government Date Practices and Intellectual Property Rights
<br /> 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 />either Grantee or the State.
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<br />11 Workers Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation
<br />insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may
<br />arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third
<br />party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or
<br />responsibility.
<br />12 Governing Law, Jurisdiction, and Venue
<br />Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings
<br />out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in
<br />Ramsey County, Minnesota.
<br />13 Termination; Suspension
<br /> Termination. The State or Commissioner of Administration may unilaterally terminate this agreement at any
<br />time with or without cause, upon written notice to the Grantee. Upon termination, the Grantee will be entitled to
<br />payment, determined on a pro rata basis, for services satisfactorily performed.
<br /> Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there
<br />has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made,
<br />that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to
<br />a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled.
<br />The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse
<br />additional funds and requiring the return of all or part of the funds already disbursed.
<br /> Termination for Insufficient Funding. The State may immediately terminate this agreement if:
<br />13.3.1 It does not obtain funding from the Minnesota Legislature; or
<br />13.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
<br />Termination must be by written notice to the Grantee. The State is not obligated to pay for any services
<br />that are provided after notice and effective date of termination. However, the Grantee will be entitled to
<br />payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are
<br />available. The State will not be assessed any penalty if the agreement is terminated because of the decision
<br />of the Minnesota Legislature, or other funding source, not to appropriate funds. The State will provide
<br />the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice.
<br /> Suspension. The State may immediately suspend this agreement in the event of a total or partial government
<br />shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee
<br />during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment.
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<br />14 Data Disclosure
<br />Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security
<br />number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to
<br />the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These
<br />identification numbers may be used in the enforcement of federal and state tax laws which could result in action
<br />requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
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<br />15 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate,
<br />either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is
<br />disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether
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