4.7. SR 10-21-2019 - Laserfiche WebLink

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C. Reimbursement Procedure – The SCHOOL shall send an invoice to the responsible party’s (the CITY) designated employee within 30 days of completion of the repairs to or replacement of damaged property. The invoice shall itemize all work hours, equipment, and materials with cost rates as applied to the repair work. If the repair is completed by a contractor, a copy of the contractor’s itemized statement shall be attached. Actual costs shall be reimbursed if less than estimated and/or fixed costs. The CITY shall reimburse the SCHOOL within 30 days from receipt of such invoice. D. Disagreements – The CITY shall retain the right to disagree with any and all items of damage to buildings or equipment as identified by the SCHOOL, provided this disagreement is made within 7 days after a first notification. 1. The CITY shall make any disagreements in writing to the SCHOOL by letter, facsimile, or email to the SCHOOL’S designated employee. The CITY shall clearly identify the reasons for refusing responsibility for the damages. Failure to make the disagreement within the prescribed time period shall be considered as an acceptance of responsibility by the CITY. 2. After proper notification, the responsible person or other designated representatives of the responsible party (the CITY and/or the SCHOOL), shall make an on-site investigation and attempt a settlement of the disagreement. 3. In the event an agreement cannot be reached, the matter shall be referred to designated staff identified in VI.A and B above. 4. The SCHOOL shall have the right to make immediate emergency repairs or replacements of property without voiding the CITY’s right to disagree. XIX. Liability, Indemnification, and Insurance A. The SCHOOL and the CITY mutually agree to provide liability insurance in amounts not less than the statutory limits established under Minnesota Statutes, Chapter 466 to protect and indemnify each other from any and all claims for injuries and damages occurred or incurred by virtue of the SCHOOL or the CITY use of the facilities identified under this Agreement. Said insurance shall be customarily set by law or industry standards. The SCHOOL and the CITY shall each add the other as an additional insured and provide the other with a certificate of insurance. Said insurance shall not be cancelled without at least thirty (30) days prior written notice to the other party. B. The SCHOOL and the CITY shall each be responsible for the actions of its own employees, agents, or contractors performing work under this agreement and shall indemnify, defend, and hold harmless the other parties for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create and employer/employee relationship between the SCHOOL and the CITY and employees, agents, and contractors of either party. C. Notwithstanding the indemnification provided this Agreement, the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466 and other applicable laws govern liability of the SCHOOL and the CITY. D. Nothing contained in this agreement shall be interpreted as a waiver of any governmental immunity, defenses, or liability caps contained in state law or elsewhere, nor shall this agreement be interpreted to provide for the stacking of any liability limits under state law. XX. Termination 5 | Page