4. Payment
<br />The Purchaser will pay the State for all services performed by the State under this contract as follows:
<br />4.1 The Purchaser agrees to pay Eighty -Five dollars and 00/100 ($85.00) for each overtime hour worked by the
<br />ICWC crew, as its share of the cost of providing a crew leader and placing the work crew into service on
<br />the ICWC program during the term of this agreement. Payment will be made no later than the 23rd day
<br />following the last day of the billing period.
<br />5. Authorized Representative
<br />The State's Authorized Representative is Scott Miller, ICWC Supervisor or his successor, 1450 Energy Park Drive, St. Paul,
<br />Minnesota 55108
<br />The Purchaser's Authorized Representative is Todd Blomstrom, Public Works Director/City Eng or his successor, and the
<br />City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. If the Purchaser's Authorized Representative changes
<br />at any time during this Contract, the Purchaser must immediately notify the State.
<br />Assignment, Amendments, Waiver, and Contract Complete.
<br />6.1 Assignment. The Purchaser may neither assign nor transfer any rights or obligations under this Contract
<br />without the prior consent of the State and a fully executed assignment agreement, executed and
<br />approved by the authorized parties or their successors.
<br />6.2 Amendments. Any amendment to this Contract must be in writing and will not be effective until it has
<br />been executed and approved by the authorized parties or their successors.
<br />6.3 Waiver. If the State fails to enforce any provision of this Contract, that failure does not waive the provision
<br />or its right to enforce it.
<br />6,4 Contract Complete. This Contract contains all negotiations and agreements between the State and the
<br />Purchaser. No other understanding regarding this Contract, whether written or oral, may be used to bind
<br />either party.
<br />7. Liability
<br />Each party will be responsible for its own acts and behavior and the results thereof.
<br />8. Government Data Practices.
<br />The Purchaser and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the
<br />State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch
<br />promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data
<br />provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used,
<br />maintained, or disseminated by the Purchaser under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the
<br />release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the Purchaser or
<br />the State.
<br />If the Purchaser receives a request to release the data referred to in this clause, the Purchaser must immediately notify
<br />and consult with the State's Authorized Representative as to how the Purchaser should respond to the request. The
<br />Purchaser's response to the request shall comply with applicable law.
<br />Publicity and Endorsement.
<br />9,1 Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the
<br />sponsoring agency and must not be released without prior written approval from the State's Authorized
<br />Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
<br />releases, information posted on corporate or other websites, research, reports, signs, and similar public
<br />notices prepared by or for the Purchaser individually or jointly with others, or any subcontractors, with
<br />respect to the program, publications, or services provided resulting from this Contract.
<br />9,2 Endorsement. The Purchaser must not claim that the State endorses its products or services.
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