4.13. SR 08-17-2015 - Laserfiche WebLink

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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 City and the Police shall be considered independent contractors of the District with respect to all services performed under this Agreement. The parties represent that they will secure all personnel required to execute, administer and perform this Agreement. The District shall provide input into the assignment of Police Officers; however, the City retains the right to make all final hiring decisions. 6. INDEMNIFICATION AND INSURANCE Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law 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, Section 466. The City and District each warrant that they are able to comply with the foregoing indemnity requirement through an insurance or self-insurance program. 7. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENT The parties agree not to subcontract, assign or transfer this Agreement or its services whether in whole or in part without prior written consent of the other party. S. AMENDMENTS AND MODIFICATIONS 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. Unless provided to the contrary herein, the parties may from time to time make amendments or modifications to this Agreement. Such changes, including any adjustments in the level of service, which are mutually agreed upon by and between the City and the District shall be effective when incorporated in written and signed amendments to this Agreement. 9. NOTICES Any notice or demand which must be given or made to a party hereto under the terms of this Agreement or any statute or ordinance governing the same shall be in writing, and shall be sent by certified mail or courier to be addressed as follows: CITY: City of Elk River Attn: City Administrator 13465 Orono Parkway Elk River, MN 55330 With a Copy to: City of Elk River