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2022.03.07 CC Packet
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2022.03.07 CC Packet
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3/4/2022 8:46:48 AM
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City Council
Document Type
Agenda/Packets
Meeting Date
3/7/2022
Meeting Type
Regular
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MnDOT Contract No.: 1048600 <br />-7- <br />Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) <br />9.3. The School District's Authorized Representative will be: <br />Name, Title: Tim Wald, Assistant Superintendent for Finance (or successor) <br />Address: 4855 Bloom Avenue, #330, White Bear Lake, MN 55110-2731 <br />Telephone: (651) 407-7516 <br />E-Mail: tim.wald@isd624.org <br />10. Assignment; Amendments; Waiver; Contract Complete <br />10.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the <br />prior consent of the other party and a written assignment agreement, executed and approved by the same <br />parties who executed and approved this Agreement, or their successors in office. <br />10.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has <br />been executed and approved by the same parties who executed and approved the original Agreement, or <br />their successors in office. <br />10.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the <br />provision or the party's right to subsequently enforce it. <br />10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the <br />City, and the School District. No other understanding regarding this Agreement, whether written or oral, <br />may be used to bind either party. <br />11. Liability; Worker Compensation Claims <br />11.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law <br />and will not be responsible for the acts and omissions of others and the results thereof. Minnesota <br />Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and <br />other applicable law govern liability of the City and the School District. <br />11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation <br />Act. <br />12. Nondiscrimination <br />Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are <br />considered part of this Agreement. <br />13. Title VI/Non-discrimination Assurances <br />The School District agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances <br />contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: <br />https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The School <br />District will ensure the appendices and solicitation language within the assurances are inserted into contracts as <br />required. The State may conduct a review of the School District’s compliance with this provision. The School <br />District must cooperate with the State throughout the review process by supplying all requested information <br />and documentation to the State, making School District staff and officials available for meetings as requested, <br />and correcting any areas of non-compliance as determined by the State. <br />14. State Audits <br />Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the School District 's books, records, <br />documents, and accounting procedures and practices relevant to this Agreement are subject to examination by <br />the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of <br />this Agreement.
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