Laserfiche WebLink
of the Information for the purposes of the project contemplated by this Agreement <br /> ("Project") does not relieve any liability on the part of the Contractor,but any reuse <br /> of the Information by the City or the Contractor beyond the scope of the Project is <br /> without liability to the other,and the party reusing the Information agrees to defend <br /> and indemnify the other from any claims or liability resulting therefrom. <br /> 23. Subcontractor. The Consultant shall not enter into subcontracts for services <br /> provided under this Agreement except as noted in Exhibit B,without the express <br /> written consent of the City. The Consultant shall pay any subcontractor involved in <br /> the performance of this Agreement within ten (10) days of the Consultant's receipt <br /> of payment by the City for undisputed services provided by the subcontractor. If the <br /> Consultant fails within that time to pay the subcontractor any undisputed amount for <br /> which the Consultant has received payment by the City, the Consultant shall pay <br /> interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per <br /> month or any part of a month. The minimum monthly interest penalty payment for <br /> an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100, <br /> the Consultant shall pay the actual interest penalty due to the subcontractor. A <br /> subcontractor who prevails in a civil action to collect interest penalties from the <br /> Consultant shall be awarded its costs and disbursements,including attorney's fees, <br /> incurred in bringing the action. In addition,no subcontractor can file alien against <br /> the City. <br /> 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from <br /> or related to this Agreement or the relationships which result from this Agreement <br /> shall be subject to mediation as a condition precedent to initiating arbitration or legal <br /> or equitable actions by either party. Unless the parties agree otherwise, the <br /> mediation shall be in accordance with the Commercial Mediation Procedures of the <br /> American Arbitration Association then currently in effect. A request for mediation <br /> shall be filed in writing with the American Arbitration Association and the other <br /> party. No arbitration or legal or equitable action may be instituted for a period of <br /> ninety (90) days from the filing of the request for mediation unless a longer period of <br /> time is provided by agreement of the parties. Cost of mediation shall be shared <br /> equally between the parties. Mediation shall be held in the City of Elk River unless <br /> another location is mutually agreed upon by the parties. The parties shall <br /> memorialize any agreement resulting from the mediation in a Mediated Settlement <br /> Agreement,which Agreement shall be enforceable as a settlement in any court <br /> having jurisdiction thereof. <br /> 25. Conflicts. No salaried officer or employee of the City and no member of the City <br /> Council of the City shall have a financial interest,direct or indirect,in this <br /> Agreement. The violation of this provision renders the Agreement void. Any <br /> federal regulations and applicable state statutes shall not be violated. <br /> 26. Counterparts. This Agreement may be executed in multiple counterparts, each of <br /> which shall be considered an original. <br /> Page 8 of 9 Standard Agreement For Professional Services <br />