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Agenda - Council - 10/28/2025
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Agenda - Council - 10/28/2025
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11/6/2025 4:50:23 PM
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10/28/2025 1:49:44 PM
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Council
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10/28/2025
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Publicity and Endorsement. <br />9.1 Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the <br />sponsoring agency and must not be released without prior written approval from the State's <br />Authorized Representative. For purposes of this provision, publicity includes notices, informational <br />pamphlets, press releases, information posted on corporate or other websites, research, reports, <br />signs, and similar public notices prepared by or for the City individually or jointly with others, or any <br />subcontractors, with respect to the program, publications, or services provided resulting from this <br />Agreement. <br />All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of <br />Minnesota guidelines for creating accessible electronic documents can be found at the following URL: <br />https://mn.gov/mnit/programs/accessibility/. <br />9.2 Endorsement. The City must not claim that the State endorses its products or services. <br />10. Venue <br />Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal <br />court with competent jurisdiction in Ramsey County, Minnesota. <br />11, Termination <br />11,1 Termination. The State or the City may terminate this Agreement at any time, with or without <br />cause, upon thirty (30) days' written notice to the other party. <br />11.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it <br />does not obtain funding from the Minnesota Legislature, or other funding source; or if funding <br />cannot be continued at a level sufficient to allow for the payment of the services covered herein. <br />Termination must be by written or fax notice to the City. The State is not obligated to pay for any <br />services that are provided after notice and effective date of termination. However, the City will be <br />entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the <br />extent that funds are available. The State will not be assessed any penalty if the Agreement is <br />terminated because of the decision of the Minnesota Legislature, or other funding source, not to <br />appropriate funds. The State must provide the City notice of the lack of funding within a <br />reasonable time of the State's receiving that notice. <br />12. Force Majeure <br />Neither party shall be responsible to the other or considered in default of its obligations within this Agreement <br />to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, <br />disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or <br />occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the <br />delay or failure to perform. A party relying on this provision to excuse performance must provide the other party <br />prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as <br />practicable. <br />13. E-Verify Certification (in accordance with Minn. Stat. § 16C.075). <br />For services valued in excess of fifty thousand dollars ($50,000), the City certifies that as of the date of services <br />performed on behalf of the State, City and all its subcontractors will have implemented or be in the process of <br />implementing the federal E-Verify Program for all newly hired employees in the United States who will perform <br />Page 5 of 8 <br />
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