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2022-10-12 CC Packet
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2022-10-12 CC Packet
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DocuSign Envelope ID: 656F3A3D-164D-46BE-AF4D-F6B87DF98D38 <br />d. Any amendments, alterations, variations, modifications, or waivers of this <br />Agreement shall be valid only when they have been reduced to writing, duly signed <br />by the parties. <br />e. The provisions of this Agreement are severable. If any paragraph, section, <br />subdivision, sentence, clause or phrase of this Agreement is for any reason held <br />to be contrary to law, such decision shall not affect the remaining portion of this <br />Agreement. <br />Nothing in this Agreement shall be construed as creating the relationship of co- <br />partners, joint venturers, or an association between the County and the <br />Municipality, nor shall the Municipality, its employees, agents or representatives <br />be considered employees, agents, or representatives of the County for any <br />purpose. <br />g. The Municipality shall maintain financial and other records and accounts in <br />accordance with requirements of the County and the State of Minnesota. The <br />Municipality shall maintain strict accountability of all funds and maintain records of <br />all receipts and disbursements. Such records and accounts shall be maintained <br />in a form which will permit the tracing of funds and program income to final <br />expenditure. The Municipality shall maintain records sufficient to reflect that all <br />funds received under this Agreement were expended in accordance with Minn. <br />Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The <br />Municipality shall also maintain records of the quantities of materials recycled. All <br />records and accounts shall be retained as provided by law, but in no event for a <br />period of less than five years from the last receipt of payment from the County <br />pursuant to this Agreement. <br />Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other <br />persons or agencies authorized by the County, and the State of Minnesota, <br />including the Legislative Auditor or the State Auditor, access to the records of the <br />Municipality at reasonable hours, including all books, records, documents, and <br />accounting procedures and practices of the Municipality relevant to the subject <br />matter of the Agreement, for purposes of audit. In addition, the County shall have <br />access to the project site(s), if any, at reasonable hours. <br />11. TERMINATION. This Agreement may be terminated by mutual written agreement of the <br />parties or by either party, with or without cause, by giving not less than seven (7) days' <br />written notice, delivered by mail or in person to the other party, specifying the date of <br />termination. If this Agreement is terminated, assets acquired in whole or in part with funds <br />provided under this Agreement shall be the property of the Municipality so long as said <br />assets are used by the Municipality for the purpose of a landfill abatement program <br />approved by the County. <br />(SIGNATURE PAGE TO FOLLOW) <br />
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