04-27-2005 Council Agenda - Laserfiche WebLink

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Mn /DOT Contract No. CFMS Contract No. Government Data Practices The Local Government Unit and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties under this contract. The Act provides, inter alia, disclosure and non - disclosure provision for various types and classifications of data provided to or by the State or the Local Government Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Local Government Unit or the State. 9 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination by the State. The State may cancel this contract at any time, with or without cause, upon 30 days' written notice to the Local Government Unit. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 10.2 Termination by the State for Insufficient Funding. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding or staffing levels cannot be continued at a level sufficient to allow for the provision of the services covered here. Termination must be by written or fax notice to the Local Government Unit. The State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. The State will not be liable for any damages sustained by the Local Government Unit as a result of the termination of this contract by the State. 10.3 Termination by the Local Government Unit for Insufficient Funding. The Local Government Unit may immediately terminate this contract if it does not obtain funding from its governing body, or other funding source, or if funding cannot be continued at a level sufficient to provide for payment for the services covered here. Upon such termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. 11 Additional Provisions 11.1 Exhibit A is attached and incorporated into this contract. 11.2 The parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes §15.51, et. seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes §15.51, et. seq., and any provision in this contract is determined to conflict with such statute, then the statute will control to the extent of any such conflict. Rev. (I2 /00) Paged 7