01-08-2018 Council Packet - Laserfiche WebLink

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CITY DUTIES AND RESPONSIBILITIES a. The City shall construct the Trail Connection, including, as necessary, the administration of any construction contract for this project, as well as providing all construction engineering, staking, materials testing, record keeping and construction inspection. b. The City shall obtain all federal and state and permits necessary for the construction of the Trail Connection. c. The City shall submit the plan to the State for review and approval of the plan for the Trail Connection including any modification or revisions to the Trail Connection proposed by the City during the term of this Agreement. d. The City will provide and install the appropriate signage for the Trail Segment, including directional and wayfinding signs. e. Upon completion, the maintenance of the Trail Connection shall be the sole responsibility of the City. f. The City will maintain its land ownership. III. FUNDING The State shall provide funding for its responsibilities under Article I above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by and limited to the amount set forth in Minnesota Statutes, Sections 466.01-466.15, and other applicable law. V. TERM a. Effective Date: February 1, 2018, or the date the state obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. Expiration Date: December 31, 2043, for a period of twenty five (25) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to Page 2 of 4