Agenda - Council - 06/26/2012 - Laserfiche WebLink

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Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement) that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. Section 6.22 Third -Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MMB, is a third - party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E-Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control: Required documents: Updated Community Forestry or Shade Tree Ordinance Annual Maintenance Plan for Public Trees One of the following must accompany the two required documents: Community EAB Preparedness Plan Or Community Forest Management Plan, including EAB preparedness, annual tree maintenance and public education components. 13