05-05-26 City Council Meeting Packet

Home Browse Search

MnDOT Contract No.: 1060495 -13- Payable DCP and State Encumbering and Paying TH Portion 12.4. The County may require its contractor to carry insurance to cover claims for damages asserted against the County's contractor. 13. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 14. Title VI/Non-discrimination Assurances The City and the County agree to comply with all applicable USDOT Standard Title VI/Non-Discrimination Assurances contained in USDOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in this Agreement, the City and the County will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of the City and the County’s compliance with this provision. The City and the County must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making City or County staff and officials available for meetings as requested, and correcting any areas of non- compliance as determined by the State. 15. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's and County's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 16. Government Data Practices The City, the County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City or the County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, County, or the State. 17. Telecommunications Certification By signing this Agreement, the City and the County certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, the City or County will not use funding covered by this Agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The City and the County will include this certification as a flow down clause in any contract related to this Agreement. 18. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Termination; Suspension 19.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below.