4.4. SR 10-17-2011 - Laserfiche WebLink

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4. CONTRACT ADMINISTRATION A. The City designates the City Administrator orhis/her designee to represent the City in all matters connected with the Agreement on behalf of the City. B. The District designates its Executive Director of Business Services orhis/her designee to represent the District in all matters connected with this Agreement on behalf of the District. C. The City's designee shall be available at reasonable times upon reasonable notice to confer with the District. Whenever feasible, practical, and not in conflict with mandated duties and responsibilities, the City shall endeavor to provide the services agreed upon herein in accordance with the intent of the District. D. The District, City and the Police shall provide the full cooperation and assistance of its officers, employees, and agents to each other in the performance of this Agreement. 5. RELATIONSHIP OF THE PARTIES The parties agree that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting either party as the agent, representative or employee of the other for any purposes or in any manner whatsoever. The parties shall be independent contractors with respect to all services performed under this Agreement. The parties represent that they will secure all personnel required to execute, administer and perform and review this Agreement. The personnel of the parties, engaged in the performance of this Agreement shall not be considered employees of the other party for purposes of unemployment compensation worker's compensation or any other employment related matters. 6. INDEMNIFICATION AND INSURANCE A. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by taw and shall not be responsible for the acts of the other party and the results thereof. Each party agrees to indemnify the other in accordance with its responsibility. The City's and the District's liability is governed by Minnesota Statutes, Chapter 466. B. The City and District each warrant that they are able to comply with the foregoing indemnity requirement through an insurance orself-insurance program. 7. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS The parties agree not to assign, subcontract, transfer or pledge this contract and/or the services to be performed here under whether in whole or in part, nor assign any monies due or to become due to them hereunder without prior written consent of the other party. 8. AMENDMENTS AND MODIFICATIONS A. The parties agree and understand that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.