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4D, Adopt Resolution 2011-028 Approving MnDOT Agreement No. 984
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4D, Adopt Resolution 2011-028 Approving MnDOT Agreement No. 984
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10/24/2024 10:35:11 AM
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6/13/2011 4:58:44 PM
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June 13, 2011 Reg City Council Meeting
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MnIDOT Contract No: 9849p-R <br />6. Authorized Representatives <br />Eac�t party's Authorized Representat�ve is responsible for adminis#ering this Agreement and is authorized to give <br />and receive any notice or demand required or permitted by this Agreer�tent. � <br />6.�. The State's Authorizecf Representative will i�e: <br />Nainrze/Tiile: Maryanne Kelly-Sonne�C, Municipal Agreements Engineer (or successor} <br />Address: 395 JoiZn Irefand Boulevard, Mailstap 682, St. Paul, MN 55155-1800 <br />Telephone: (651} 36b-4634 <br />Fax: (651 } ; 6b�4769 <br />E-Mail: rr�aryanne.keilyso�ek@state.mn.us <br />6.2. The City's Authorized Represeniative will be: <br />Name/Title: Terry Maurer, Director o� Pu61ic Works (or successor) <br />Address: 12�5 West Highway 96, Arden Hiils, MN 55112 <br />Telephor�e: (651} 792-7847 <br />7. Assignment; Amendments; Waiver, Contract CorrapCete <br />7.1. Assignment. Neither party may assign or tt-ansfer any rights or obligations under this Ap eerz�ent without #he <br />prior consent of the other party and a written assYgnment agreerr�ent, executed and approved by the same <br />parties who executed ar�d approved t�Zis Agreement, or their successors in office. <br />7.2. Amendments Any ameadment to this Agreement must be in writing and will not be effective untiI it has <br />been executed and appraved by the sa.me parties who executed an� approved the original AD eement, ar <br />their successors in office. <br />7.3. Waiver. If a party faiis to enforce any provision of this Agreement, that failure does not waive the provision <br />or fhe party's right to subsequentEy enforce it. <br />7.4. Contracl Co►npCete. This Agreement contains ali �rior negotiations and agreer�ents between the Stat� and <br />the City. No other understa�ding regartling this Agreement, whether wriiten or oral, may be used ta bind <br />eitlaer party. <br />8. Liability; Worker Ca�npensat�ou Claims <br />5.1. Each party is respansibie for its ow� acts, �missions and the results thereof io the extent authorized by law <br />and wilf not i�e.responsibEe for the acts and ornissions of others and the resuits therea£ Minnesota Statutes <br />§ 3.736 and other applicable law gove� iiabiiiiy of the State. Minnesota Statutes Cl�apter 466 a�d other <br />applicable law govertt LiabiIity oithe City. <br />$.2. Each party is responsible for its own empIoyees for any claims arising under the Workers Compensation <br />Act. <br />9. Nondis�rimination <br />1'rovisions of Minnesota Statutes § 181.59 and of any applicable �aw reIating to civil rig�ts and discriznination are <br />considered part of this Aa eement. <br />10. State Aadits <br />Under Minnesota Statutes § 16C.45, s�bdivisio� 5, the City's books, records, documents, and accounting <br />procedures and practices releva�t to this Agreement are subject to examination by the State at�d �he State Auditor <br />ar Legislative Auditor, as appropriate, for a t�r�.inimum of six years from the end of this Agreement. <br />I1. Governmen# Data PractEces <br />The City and State must comp�y with the Minnesota Government Data Practices Act, Minnesota Stari�ies Chapter <br />13, as it applies to ali data. provided under this Agreernent, and as it a�plies to all data created, collected, received, <br />-4- <br />
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