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City Council Packet November 3, 2025
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City Council Packet November 3, 2025
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3 <br /> <br />the total funds paid to Consultant under paragraph 4.1 shall be spent on administrative costs <br />incurred by Consultant in connection with the Project. <br /> <br />5. AUTHORIZED REPRESENTATIVE. <br /> <br /> The City Administrator shall serve as the Authorized Representative for the City. The City <br />shall have the right to change its Authorized Representative from time to time and shall <br />inform the Consultant of any such change in writing. The Main Street Family Services <br />Executive Director shall serve as the Authorized Representative of the Consultant and as <br />the primary contact and liaison with the City. The Consultant shall have the right to change <br />its Authorized Representative from time to time and shall inform the City of any such <br />change in writing. The Consultant shall submit reports, invoices and other materials <br />prepared pursuant to this Agreement to the City’s Authorized Representative, by mailing <br />or delivering them to: <br /> <br /> City Administrator or designee <br /> City of Elk River <br /> 13065 Orono Parkway <br /> Elk River MN, 55330 <br /> <br />6. RELATIONSHIP BETWEEN THE PARTIES. <br /> <br /> 6.1 Independent Contractor. Nothing in this Agreement shall be construed as creating <br />the relationship of co-partners, joint ventures, or an association, nor shall the Consultant, <br />its employees, representatives or subcontractors be considered employees, agents or <br />representatives of the City. The Consultant is to be and shall remain an independent <br />contractor with respect to all services performed under this Agreement. The Consultant <br />shall, at its expense, secure all personnel required to perform the services under this <br />Agreement. Any and all personnel of the Consultant or other persons engaged in the <br />performance of any work or services required by the Consultant will have no relationship <br />with the City and will not be considered employees of the City. Such personnel or other <br />persons shall not be entitled to any compensation, rights or benefits of any kind from the <br />City, including, without limitation, Worker’s Compensation, medical care, disability, <br />severance pay and retirement benefits. <br /> <br /> 6.2 Assignment and Subcontracting. The Consultant shall not assign any interest in <br />this Agreement and shall not transfer any interest in the same, whether by subcontract, <br />assignment or novation. The Consultant shall be responsible for the performance of its <br />work under this Agreement. The Consultant shall not enter into subcontracts for <br />performance of services described in this Agreement. <br /> <br />7. INSURANCE AND INDEMNIFICATION. <br /> <br /> 7.1 Insurance. Consultant shall meet the following insurance requirements: <br /> <br />Page 60 of 322
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