01-30-08 Council Agenda - Laserfiche WebLink

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shall not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law. d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the other party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. e. All data collected, created, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable State statute, any State rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. The Municipality agrees to abide by these statutes, rules, and regulations. f. All books, records, documents, and accounting procedures and practices of the Municipality and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota Statutes §16C.05, Subd. 5. g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this agreement. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving the use of physical force, harassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. h. The Municipality will be required to pay interest of 11/2 percent per month or any part of a month to any subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Municipality shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Municipality must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. i. All equipment purchased using funds provided in this Agreement shall remain the property of the Municipality. j. Any amendments to this Agreement shall be in writing and signed by both parties. 6. RECYCLING MARKETS SUPPORT FUND During 2008, the County will reserve for the Municipality a portion of the County Recycling Markets Support Fund for the Municipality. This portion will be the proportion of the Municipality's population residing in Ramsey County to the entire Ramsey County population, according to Metropolitan Council population figures, multiplied by the total amount of the Support Fund. To gain access to these funds, the Municipality must first apply to the County, in accordance with the County's guidelines in place at the time for distribution of the Recycling Markets Support Fund. The Municipality will be allowed to incur expenses for reimbursement in accordance with its application, including eligible activities and maximum potential reimbursement amount, once such application is approved by the County. The County shall reimburse the Municipality for adequately documented requests consistent with such an approved application. The Municipality must provide evidence, upon request from the County, that no Support Fund monies were used to landfill recyclable materials and transport materials to a landfill. The County reserves the right at any time to amend the total amount of the Support Fund, to amend the guidelines for distribution of the Support Fund, or to eliminate the Support Fund. Because of a loan approved by the County Board from the Recycling Markets Support Fund that will begin in 2008, there may be limited or no funding available to the Municipality from the Recycling Markets Support Fund until substantial repayments of this loan back into the Support Fund have occurred. 5