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DocuSign Envelope ID: E1227292-CABD-4035-9075-56C5CB154254 <br /> (f) Before executing a contract or license agreement involving intellectual property developed or <br /> acquired by the state, a state agency shall seek review and comment from the attorney general on the <br /> terms and conditions of the contract or agreement. <br /> Subd. 2a. Emergency authorization. <br /> The commissioner may grant an agency approval to authorize work to begin on a contract prior to <br /> the full execution of the contract in the event of an emergency as defined in section 16C.10, subdivision <br /> Subd. 3. <br /> [Repealed by amendment, 2014 c 196 art 2 s 4] <br /> Subd. 4. Contract administration. <br /> A contracting agency shall diligently administer and monitor any contract it has entered into. The <br /> commissioner may require an agency to report to the commissioner at any time on the status of any <br /> contracts to which the agency is a party. <br /> Subd. 5. Subject to audit. <br /> A contract or any pass-through disbursement of public funds to a vendor of goods or services or a <br /> grantee made by or under the supervision of the commissioner or any county or unit of local government <br /> must include, expressed or implied, an audit clause that provides that the books,records, documents, and <br /> accounting procedures and practices of the vendor or other party,that are relevant to the contract or <br /> transaction, are subject to examination by the contracting agency and either the legislative auditor or the <br /> state auditor, as appropriate, for a minimum of six years. If the contracting agency is a local unit of <br /> government, and the governing body of the local unit of government requests that the state auditor <br /> examine the books, records, documents, and accounting procedures and practices of the vendor or other <br /> party pursuant to this subdivision,the contracting agency shall be liable for the cost of the examination. If <br /> the contracting agency is a local unit of government, and the grantee,vendor, or other party requests that <br /> the state auditor examine all books,records, documents, and accounting procedures and practices related <br /> to the contract, the grantee,vendor, or other party that requested the examination shall be liable for the <br /> cost of the examination. An agency contract made for purchase, lease, or license of software and data <br /> from the state is not required to contain this audit clause. <br /> Subd. 6. Authority of attorney general. <br /> The attorney general may pursue remedies available by law to avoid the obligation of an agency to <br /> pay under a contract or to recover payments made if services performed or goods received under the <br /> contract are so unsatisfactory, incomplete, or inconsistent that payment would involve unjust enrichment. <br /> The contrary opinion of the contracting agency does not affect the power of the attorney general under <br /> this subdivision. <br /> Subd. 7. Contracts with Indian tribes and bands. <br /> Notwithstanding any other law, an agency may not require an Indian tribe or band to deny its <br /> sovereignty as a requirement or condition of a contract with an agency. <br /> History: <br /> 1994 c 632 art 3 s 33; 1998 c 386 art I s 6; 1999 c 86 art I s 11; 1999 c 230 s 1; 2000 c 488 art 2 s <br /> 1; IS c 8 art 2 s 10; 1 Sp2001 c 10 art 2 s 3 7; 2003 c 130 s 12; 1 Sp2003 c I art 2 s 48,49; 2004 c <br /> 206 s 7; 2007 c 148 art 2 s 35,36; 2009 c 101 art 2 s 109; 2014 c 187 s 3; 2014 c 196 art I s 5; art 2 s 4 <br />