CC RES 03-025 A RESOLUTION APPROVING SUBMITTAL OF THE 2003 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION

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or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to • examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. 8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS a. The CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY in respect to all covenants, agreements and obligations contained in the contract documents. The CITY shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, nor assign any monies due or to become due to it hereunder without the prior written consent of the COUNTY. b. Permission to subcontract, however, shall under no circumstances relieve the CITY of its liabilities and obligations under the Agreement. Further, the CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between the CITY • and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions herein specified. A consent to assign shall be accomplished by execution of a form prepared by the COUNTY and signed by the CITY, the assignee and the COUNTY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If the CITY fails to perform any of the provisions of this Agreement or so fails to • administer the work as to endanger the performance of the Agreement, this shall HCA Form No. 101 2003(Revised 02/03) 6