2015.02.24 CC Packet Combined - Laserfiche WebLink

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MnDOT Contract No: 07080 8.2. Amendments. Any amendment to this Agreement 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 Agreement, or their successors in office. 8.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the Cities of New Brighton and Arden Hills. No other understanding regarding this Agreement, whether written or oral, may be used to bind any of the parties. 9. Liability; Worker Compensation Claims 9.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the Cities of New Brighton and Arden Hills. To the extent a court of competent jurisdiction determines the Project constitutes a joint venture or joint enterprise, all parties to this agreement shall be considered a single governmental unit and the total liability for the parties shall not exceed that of a single entity as provided in Minnesota Statutes, section 471.59, subdivision la. 9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 10. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 11. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, Cities of New Brighton and Arden Hills's books, records, documents, and 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. 12. Government Data Practices The Cities of New Brighton and Arden Hills 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 Cities of New Brighton and Arden Hills under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by the Cities of New Brighton and or Arden Hills or the State. 13. 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. 14. Termination; Suspension 14.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 14.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the Cities of New Brighton and or Arden Hills. -5- Receivable Lump Sum (Municipal Agreements)