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20070604 - VI-02
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20070604 - VI-02
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City Council
City Council - Type
CC Packets
Date
6/21/2007
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<br /> connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United <br /> States and the antitrust laws of the State of Minnesota. <br /> VIII. CANCELLATION <br /> This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, <br /> upon thirty (30) days written notice to the City. <br /> This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, <br /> or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of <br /> services covered under this agreement. The State will notify the City by written or fax notice. The State will not <br /> be obligated to pay for services provided after the notice is given and the effective date of cancellation. <br /> However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily <br /> performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is <br /> cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the <br /> necessary funds, The State shall provide the City notice of lack of funding within a reasonable time of the State's <br /> receiving that notice. <br /> IX. GOVERNMENT DATA PRACTICES <br /> The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all <br /> data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, <br /> used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 <br /> apply to the release of the data referred to in this clause by either the City or the State. <br /> X. PUBLICITY AND ENDORSEMENT <br /> Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and <br /> must not be released without prior written approval from the State's Authorized Representative. For purposes of <br /> this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and <br /> similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with <br /> respect to the program and services provided from this agreement. <br /> XI. CONWLETEAGREEMENT <br /> This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this <br /> agreement must be in writing and will not be effective until it has been executed and approved by the same <br /> parties who executed and approved the original agreement, or their successors in office. <br /> XII. OTHER TERMS AND CONDITIONS <br /> NOTICES; Any notice, demand or communication under this Agreement by either party to the other shall be <br /> deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to; <br /> The State The City <br /> Minnesota Department of Natural Resources City of Hastings <br /> Trails and Waterways Division Area (3B) Supervisor Parks and Recreation Director <br /> 1200 Warner Road 920 W. lOth. Street <br /> St. Paul, MN 55106 Hastings, MN 55033 <br />
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