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11-13-2018 Council Packet
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11-13-2018 Council Packet
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Contract No. A189156 <br /> <br />(STS Form/Governmental Unit Svcs Agr–Revised 3/2016) <br /> Page 3 of 7 <br /> <br />8. DATA PRACTICES <br /> <br />Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, <br />Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, <br />rules, regulations, and orders relating to data privacy and confidentiality. <br /> <br />9. SUBCONTRACTING AND ASSIGNMENTS <br /> <br />Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, <br />without the prior written consent of the other party. <br /> <br />10. MERGER AND MODIFICATION <br /> <br />A. It is understood and agreed that the entire Agreement between the parties is contained <br />herein and that this Agreement supersedes all oral agreements and negotiations between <br />the parties relating to the subject matter. All items that are referenced or that are attached <br />are incorporated and made a part of this Agreement. <br /> <br />B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall <br />only be valid when they have been reduced to writing as an amendment to this Agreement <br />signed by the parties. <br /> <br />11. DEFAULT AND CANCELLATION <br /> <br />A. If either party fails to perform any of the provisions of this Agreement or so fails to <br />administer the work as to endanger the performance of this Agreement, it shall be in <br />default. Unless the default is excused by the nondefaulting party, the nondefaulting party <br />may upon written notice immediately cancel this Agreement in its entirety. Additionally, <br />failure of the CITY to comply with the terms of this Agreement shall be just cause for the <br />COUNTY to immediately cease providing services under this Agreement until the CITY’s <br />compliance. <br /> <br />B. The above remedies shall be in addition to any other right or remedy available to the <br />parties under this Agreement, law, statute, rule, and/or equity. <br /> <br />C. Either party’s failure to insist upon strict performance of any provision or to exercise any <br />right under this Agreement shall not be deemed a relinquishment or waiver of the same, <br />unless consented to in writing. Such consent shall not constitute a general waiver or <br />relinquishment throughout the entire term of this Agreement. <br /> <br />D. This Agreement may be cancelled with or without cause by either party upon thirty (30) <br />days written notice. <br /> <br />12. CONTRACT ADMINISTRATION <br /> <br />In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as <br />to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department <br />of Community Corrections & Rehabilitation, Client and Community Restoration, 3000 North <br />Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), <br />shall manage this Agreement on behalf of the COUNTY and serve as liaison between the <br />COUNTY and the CITY.
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