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MnDOT Contract No: 1001092 Telephone: 218-828-5797 Fax: 218-828-5814 E-Mail: james.hallgren @state.mn.us State's Authorized Representative,or his/her successor, will monitor the City's performance and has the authority to accept or reject the services provided under this Agreement. 4.2 State's Project Manager will be: Name/Title: James Hallgren,Project Manager Address: 7694 Industrial Park Road, Baxter, MN 56425 Telephone: 218-828-5797 Fax: 218-828-5814 E-Mail: james.hallgren @state.mn.us State's Project Manager,or his/her successor,has the responsibility to monitor the City's performance and progress. State's Project Manager will sign progress reports,review billing statements,make recommendations to State's Authorized Representative for acceptance of the City's goods or services and make recommendations to State's Authorized Representative for certification for payment of each Invoice submitted for payment. 4.3 The City's Authorized Representative will be: Name/Title: Sandy Peine,City Clerk Address: 4638 County Road 11, Pequot Lakes,MN 56472 Telephone: 218-568-2353 Fax: 218-568-5860 E-Mail: speine @pequotlakes-mn.gov 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 State and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 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 same parties who executed and approved the Original Agreement, or their successors in office. 5.3 Waiver. If State fails to enforce any provision of this Agreement,that failure does not waive the provision or its right to subsequently enforce it. 5.4 Contract Complete. This Agreement contains all prior negotiations and agreements between State and the City.No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 6 Indemnification In the performance of this Agreement by the City,or the City's agents or employees,the City must indemnify, save, and hold harmless State, its agents,and employees,from any claims or causes of action, including attorney's fees incurred by State,to the extent caused by the City's: 1)Intentional,willful,or negligent acts or omissions; or 2)Actions that give rise to strict liability; or 3)breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of State's sole negligence. 7 State Audits Under Minnesota Statutes §16C.05, subdivision 5,the City's books, records,documents and accounting -5- Joint Powers Agreement for Non Professional/Technical Services(CM 06/19/2012)