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CC PACKET 06262012
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CC PACKET 06262012
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7/30/2015 9:24:15 AM
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4/30/2014 4:42:39 PM
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City Council
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Council Agenda/Packets
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City Code Chapter Amendment
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38 <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 <br />thirty (30) day written notice. <br />F. Upon early termination or cancellation of this Agreement, the CITY shall itemize <br />any and all grant funds expenditures up to the date of termination or cancellation <br />and return such grant funds not yet expended. <br />G. Upon written notice, COUNTY may immediately suspend or cancel this <br />Agreement in the event any of the following occur: (i) COUNTY does not obtain <br />anticipated funding from an outside source for this project; (ii) funding for this <br />project from an outside source is withdrawn, frozen, shut -down, is otherwise <br />made unavailable or COUNTY loses the outside funding for any other reason; or <br />(iii) COUNTY determines, in its sole discretion, that funding is, or has become, <br />insufficient. COUNTY is not obligated to pay for any services that are provided <br />after notice and effective date of termination. In the event COUNTY cancels this <br />Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any <br />amount due and payable prior to the notice of suspension or cancellation pursuant <br />to the terms herein except that COUNTY shall not be obligated to pay any amount <br />as or for penalties, early termination fees, charges, time and materials for services <br />not then performed, costs, expenses or profits on work done. <br />14. SURVIVAL OF PROVISIONS <br />Provisions that by their nature are intended to survive the term, cancellation or <br />termination of this Agreement include but are not limited to: INDEPENDENT <br />CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES; <br />RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; <br />PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. <br />15. CONTRACT ADMINISTRATION <br />In order to coordinate the services of the CITY with the activities of the Department of <br />Environmental Services so as to accomplish the purposes of this contract, Dave McNary, <br />Solid Waste Division Manager, or his or her successor, shall manage this contract on <br />behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. <br />16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION <br />A. CITY shall comply with all applicable federal, state and local statutes, <br />regulations, rules and ordinances currently in force or later enacted. <br />B. CITY shall comply with all applicable conditions of the specific referenced grant. <br />17. SUBCONTRACTOR PAYMENT <br />As required by Minnesota Statutes Section 471.425, Subd. 4a, CITY shall pay any <br />subcontractor within ten (10) days of CITY's receipt of payment from the COUNTY for <br />undisputed services provided by the subcontractor. CITY shall pay interest of l''/z percent <br />10 <br />
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