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Contract No 5034M1 3 2 <br />Agreement No. PW 35-10-11 . <br />d. The COUNTY's failure to insist upon strict performance of any provision or to <br />exercise any right under this Agreement shall not be deemed a relinquishment or <br />waiver of the same, unless consented to in writing. Such consent shall not <br />constitute a general waiver or relinquishment throughout the entire term of the <br />Agreement. <br />e. This Agreement may be canceled with or without cause by either party upon thirty <br />(30) days written notice. <br />11. CONTRACT ADMINISTRATION <br />In order to coordinate the services of the. CITY with the activities of the Department of <br />Transportation/Operations so as to accomplish the purposes of this Agreement, Brian <br />Langseth, Administrative Supervisor, or his successor, shall manage this Agreement on <br />behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. <br />Jay Hartman, Director of Public Works, (612-782-3301/Fax 612-782-3302) shall manage <br />the contract on behalf of the CITY. The CITY may replace such person but shall <br />immediately give written notice to the COUNTY of the name, phone number and fax <br />number (if available) of such substitute person and of any other subsequent substitute <br />person. <br />12. COMPLIANCE AND NON -DEBARMENT CERTIFICATION <br />a. The CITY shall comply with all applicable federal, state and local statutes, <br />regulations, rules and ordinances in force or hereafter enacted. <br />b. The CITY certifies that it is not prohibited from doing business with either the <br />federal government or the State of Minnesota as a result of debarment or <br />suspension proceedings. <br />13. SUBCONTRACTOR PAYMENT <br />CITY shall pay any subcontractor within ten days of the CITY's receipt of payment from <br />the COUNTY for undisputed services provided by the subcontractor. The CITY shall pay <br />interest of I %z percent per month or any part of a month to the subcontractor on any <br />undisputed amount not paid on time to the subcontractor. The minimum monthly interest <br />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 CITY shall pay the actual penalty due to the <br />subcontractor. A subcontractor who prevails in a civil action to collect interest penalties <br />from the CITY must be awarded its costs and disbursements, including any attorney's <br />fees, incurred in bringing the action. <br />