07 State of Minnesota Cooperative Agreement

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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: September 1,2019,or the date the state obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2,whichever is later. b. Expiration Date: September 15,2044, 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 examination by the Commissioner of Natural Resources,the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota VIIL CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary upon thirty(30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, ar if funding cannot be continued at a level sufficient to allow for the completion of the activities covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source,not to appropriate the necessary funds. T'he State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. This Agreement may also be cancelled by the City at any time with or without cause upon thirty(30) days written notice to the State. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act,Minn. Stat. Ch. 13,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 referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision,publicity includes notices, informational pamphlets, Paul Bunyan State Trail-Pequot Lakes JPA Trail Connections MDNR 8/7/19 Parks and Trails Division Page 3 of 5