6.2.B. SR 03-02-2009 - Laserfiche WebLink

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D. The Utilities and the City 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 or joint employers 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 through the City its employees, shall be independent contractors with respect to all services performed for the Utilities under this Agreement. The personnel of the City who engage in the performance of this Agreement shall not be considered employees of the Utilities for purposes of wages, benefits, unemployment compensation worker's compensation or any other employment related matters. Employees of the Utilities shall not be or become, nor be considered or treated as, employees of the City for any purpose by virtue of the sharing of personnel services or the delegation of authority established by, or any other aspect of, this Agreement. 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 law and shall not be responsible for the acts of the other party and the results thereof. Regardless of the City's provision of services under this Agreement, the Utilities bears ultimate responsibility for all of the Utilities' duties of legal compliance with respect to employment-related matters or any other matters. Each party agrees to indemnify the other in accordance with its responsibilities. The City's and the Utilities' liability is governed by Minnesota Statutes, Chapter 466. B. The City and Utilities each warrant that they are able to comply with the foregoing indemnity requirement through an insurance or self-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 hereunder 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. B. 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 or the fee or lack thereof for services, which are 2