Agenda - Public Works Committee - 02/16/2010

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2.3 Pricing: Quoted prices will be in effect for a minimum of one (1) season from the effective date of the contract. After this period, notification of price increases must be furnished in writing to the Parks Supervisor for approval. The City reserves the right to rebid the contract if the pricing change is not acceptable, or at the discretion of the City, in advance of the seasonal contract . 2.4 Contract Term: The term of this contract shall be for one season, effective from the date of award. With mutual written agreement of the parties, this contract may be extended for four (4) one - season periods. 2.5 Cancellation /Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the City's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the City shall promptly notify the Contractor of such default and if adequate correction is not made within seven (7) business days, the City may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. 2.6 Contract Validity: In the event one or more clauses of the Contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the Contract. 2.7 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the Contract, it is the Contractor's responsibility to obtain written clarification or approval from the Parks Supervisor of the City of Ramsey. 2.8 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to its conflicts of laws principles. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted in a state court located in the State of Minnesota. 5IPage