Agenda - Council - 10/28/2025 - Laserfiche WebLink

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4. Authorized Representatives The State's Authorized Representative is TJ DeBates, DNR East Metro Fisheries Supervisor, 1200 Warner Road, St. Paul, MN 55106, timothy.debates@state.mn.us or their successor. The City's Authorized Representative is Mark Riverblood, Parks & Asst. Public Works Director for the City of Ramsey, 14199 Jasper Street, Ramsey, MN, mriverblood@cityoframsey.com or their successor. 5. Assignment, Amendments, Waiver, and Contract Complete. 5.1 Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors. 5.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6. Liability Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by 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. Nothing in this agreement is intended to waive the state's tort claims limits or defenses as set forth in Minn Stat. 3.736 or any of its other defenses at common law or as provided by statutes not expressly provided here in. The City's liability shall be governed by Minnesota Statutes Sections 466.01 - 466.15, and other applicable law. 7. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six (6) years from the expiration or termination of this Agreement. 8. Government Data Practices. The City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the City or the State. If the City receives a request to release the data referred to in this clause, the City must immediately notify and consult with the State's Authorized Representative as to how the City should respond to the request. The City's response to the request shall comply with applicable law. Page 4 of 8