3.4. SR 08-15-2011 - Laserfiche WebLink

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13. Criminal Action: The Jurisdiction, acting through its City Prosecutor, may choose to prosecute Offender(s) at its sole discretion. In the case where an Offender fails to participate or complete Agreements with CDP Services and Victim(s), the Jurisdiction shall determine appropriate action to take with the Offender, including criminal prosecution or such other action determined by the Jurisdiction. 14. Hold Harmless and Indemnification: CDP Services and its subcontractors shall save and protect, hold harmless, indemnify and defend the Jurisdiction, the Elk River Police Department, and the City Prosecutor, including their officers and employees, against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of CDP Services, its employees and agents, and assigns, in the performance of this Agreement. 15. CDP SERVICES as Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. CDP Services shall at all times remain as independent contractor with respect to the services to be provided under this Agreement. B. The Jurisdiction shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance and workers' compensation insurance for any and all of CDP Services employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly CDP Services responsibility. 16. Subcontractor: CDP Services shall retain the right to subcontract any portion of the work to be performed under this Agreement. CDP Services may specifically assign processing of checks or payment processing operations (credit, check, debit electronic check, remote deposit, wire transfers, check representment processors, invoicing or billing processors) to increase efficiencies. In addition, CDP Services may assign this complete Agreement to a new company, only upon the prior written approval of the Jurisdiction. Notwithstanding any such assignment, CDP Services shall remain obligated to abide by all of the terms and conditions of this Agreement and shall remain the party responsible for holding harmless and indemnifying the Jurisdiction as set forth in paragraph 14. CDP Services shall further be the sole responsible party for any and all expenses relating to an assignment of this Agreement Page ~ 5