04-27-2005 Council Agenda - Laserfiche WebLink

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Mn /DOT Contract No. CFMS Contract No. (B) The Local Government Unit will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting RE: MN /DOT CONTRACT NUMBER (include the "Mn/DOT contract number" shown on this agreement) Mailstop 215 395 John Ireland Blvd. St. Paul, MN 55155 IMPORTANT: THE REMITTANCE MUST INCLUDE THE "Mn /DOT CONTRACT NUMBER" 4 Authorized Representatives 4.1 State's Authorized Representative. The State's Authorized Representative for the administration of this contract is Richard Stehr, Assistant Commissioner or his /her successor. 4.2 Local Government Unit's Authorized Representative. The Local Government Unit's Authorized Representative for the administration of this contract is The Local Government Unit's Engineer for technical matters, and the Local Government Unit's Administrator or Auditor for financial matters. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign or transfer any rights or obligations under this contract without a written Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 5.2 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or the State's right to subsequently enforce it. 5.4 Contract Complete. This contract contains all negotiations and agreements between the State and the Local Government Unit. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 6 Liability Each party will be solely responsible for its own acts and omissions in connection with or related to this contract. The liability of the State is governed by Minnesota Statutes §3.736 and other applicable law. The liability of the Local Government Unit is governed by Minnesota Statutes chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any workers compensation claims. As any deliverables, including plans and documents, produced by the State pursuant to this contract may be incorporated into larger projects of which the State may not be aware, the State expressly disdains any liability for the use of such deliverables and the results thereof. 7 State Audits Under Minnesota Statutes § 16C.05, subd. 5, the Local Government Unit's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expiration date of this contract. Rev. (12 /00) Page 3 6