2016.08.15 CC Packet - Laserfiche WebLink

Home

a. The Parties will cooperate to ensure that: (a) the terms of the Grant Agreement are met; and (b) the administrative costs and resource burdens incurred by the District as grantee are minimized. b. As between the Parties, the City will fully bear: (i) Project cost increases; (ii) the risk that, for any reason, the Council does not provide the full grant amount; and (iii) the obligation to return or repay any grant amount; as either may arise under the Grant Agreement. c. The City will hold the District harmless with respect to any claim, proceeding, cost, liability or damage the City incurs arising out of the Grant Agreement or the District's role as grantee thereunder. The City will indemnify the District with respect to any claim, proceeding, cost, damage or District liability (including reasonable attorney fees) arising out of the Grant Agreement or the District's role as grantee thereunder, including but not limited to any District cost or liability arising out of its obligation to defend, hold harmless and indemnify the Council pursuant to paragraph 6.03 of the Grant Agreement. d. In any proceeding arising under the Grant Agreement, the Parties will cooperate to substitute or add the City as party in interest, both to minimize District cost and to allow the City to fully protect its interests. e. Notwithstanding any other term of this MOA, nothing herein creates a right in any third party or waives an immunity, defense or liability limit of a party hereto with respect to any third party. As between the Parties , only contractual remedies are available for a party's failure to fulfill the terms of this MOA. f. This MOA is not a joint powers agreement under Minnesota Statutes §471.59 and nothing herein constitutes either party's agreement to be responsible for the acts or omissions of the other party pursuant to subdivision 1(a) of that statute. 6. The results of the Project, the reports submitted under the Grant Agreement, and any new information or technology developed with the assistance of the grant are in the public domain and may not be copyrighted, patented, trademarked or designated as trade secret by either party. 7. Each communication under this MOA will be made to the following representatives: District: Administrator Rice Creek Watershed District 4325 Pheasant Ridge Drive NE #611 Blaine, MN 55449-4539 Re: Water's Edge Stormwater Reuse Project City: [etc.]