2020.09.08 CC Packet - Laserfiche WebLink

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rules, regulations and orders relating to data or the privacy, confidentiality or security of data. MCCD, and the Agency will abide by Minnesota Statutes §13.48 on award data which provides that, “Financial data on business entities submitted to a government entity for the purpose of presenting awards to business entities for achievements in business development or performance are private data on individuals or nonpublic data.” Other data containing information which would give an advantage to competitors may be also labeled trade secret. The City of Hugo does not guarantee that a state or federal court will not make a determination that the data, either financial, trade secret, or otherwise, are public and require release of that data. GRANTEE shall promptly notify the City if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy, or confidentiality laws. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “financial data” or “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. 8. RECORDS – AVAILABILITY/ACCESS AND RIGHT TO AUDIT GRANTEE must keep all records related to this Agreement and the grant for six years after this Agreement ends. If needed, GRANTEE must allow the City, the State Auditor, or any of their authorized representatives (which may include other independent financial analysts) (collectively, “Auditors”) access to documentation related to this Agreement and the grant. GRANTEE must allow the Auditors to examine, audit, excerpt, and transcribe any books, documents, papers, records, or other data, which are pertinent to GRANTEE’s accounting practices and procedures, and involve transactions relating to this Agreement. 9. SUCCESSORS AND ASSIGNMENTS GRANTEE is not allowed to assign, transfer, pledge, or subcontract this Agreement or Grant Funds whether in whole or in part without the consent of the City via a written amendment. 10. MERGER, MODIFICATION, AND SEVERABILITY A. The entire Agreement between the City and GRANTEE, supersedes any oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Only written and signed alterations, variations, or modifications of the provisions of this Agreement will be valid. C. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. 11. DEFAULT AND CANCELLATION/TERMINATION