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12-16-09 Additions
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shall not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set <br /> by law. <br /> d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the other <br /> party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 <br /> applicable to any one party. The statutory limits of liability for some or all of the parties may not be <br /> added together or stacked to increase the maximum amount of liability for any party. <br /> e. All data collected, created, received, maintained, or disseminated for any purpose in the course of <br /> this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or <br /> any other applicable State statute, any State rules adopted to implement the Act and statutes, as well <br /> as federal statutes and regulations on data privacy. The Municipality agrees to abide by these <br /> statutes, rules, and regulations. <br /> f. All books, records, documents, and accounting procedures and practices of the Municipality and its <br /> (sub)contractor(s), if any, relative to this Agreement are subject to examination by the County and the <br /> State Auditor, as appropriate, in accordance with the provisions of Minnesota Statutes §16C.05, <br /> Subd. 5. <br /> g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and <br /> subcontractors do not engage in violence while pertorming under this agreement. Violence, as <br /> defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is <br /> defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving <br /> the use of physical force, harassment, intimidation, disrespect, or misuse of power and authority, <br /> where the impact is to cause pain, fear or injury. <br /> h. The Municipality will be required to pay interest of 1'/: percent per month or any part of a month to <br /> any subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum <br /> monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid <br /> balance of less than $100.00, the Municipality shall pay the actual penalty due to the subcontractor. A <br /> subcontractor who prevails in a civil action to collect interest penalties from the Municipality must be <br /> awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. <br /> i. All equipment purchased using funds provided in this Agreement shall remain the property of the <br /> Municipality. <br /> <br /> j. Any amendments to this Agreement shall be in writing and signed by both parties. <br /> 6. RECYCLING MARKETS SUPPORT FUND <br /> During 2008, the County will reserve for the Municipality a portion of the County Recycling Markets <br /> Support Fund for the Municipality. This portion will be the proportion of the Municipality's population <br /> residing in Ramsey County to the entire Ramsey County population, according to Metropolitan Council <br /> population figures, multiplied by the total amount of the Support Fund. To gain access to.these funds, the <br /> Municipality must first apply to the County, in accordance with the County's guidelines in place at the time <br /> for distribution of the Recycling Markets Support Fund. The Municipality will be allowed to incur expenses <br /> for reimbursement in accordance with its application, including eligible activities and maximum potential <br /> reimbursement amount, once such application is approved by the County. The County shall reimburse <br /> the Municipality for adequately documented requests consistent with such an approved application. The <br /> Municipality must provide evidence, upon request from the County, that no Support Fund monies were <br /> used to landfill recyclable materials and transport materials to a landfill. The County reserves the right at <br /> any time to amend the total amount of the Support Fund, to amend the guidelines for distribution of the <br /> Support Fund, or to eliminate the Support Fund. <br /> Because of a loan approved by the County Board from the Recycling Markets Support Fund that will <br /> begin in 2008, there may be limited or no funding available to the Municipality from the Recycling Markets <br /> Support Fund until substantial repayments of this loan back into the Support Fund have occurred. <br /> <br />
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