11-13-2024 Council Packet - Laserfiche WebLink

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1-727665.v2 2. Independent Contractor. It is acknowledged by and between the parties hereto that Inspectron is an independent contractor contracting with City of Little Canada to perform the services as provided in this Agreement. Nothing in this Agreement shall be deemed to constitute a partnership, joint venture, or agency relationship between the parties. All personnel performing services to be provided by Inspectron pursuant to this Agreement shall be officers, employees, or sub-contractors of Inspectron. Inspectron assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits and payment of salary (workers’ compensation insurance, salary, retirement contributions, withholding tax, health insurance, and unemployment insurance). 3. Term of Agreement; Termination. This Agreement is effective as of the date first written above, and it shall remain in effect for a period of 4 months unless otherwise terminated in accordance with the terms contained in this Agreement. This Agreement may be terminated by either party, with or without cause, upon thirty (30) days’ advance written notice to the other. In the event of termination, City of Little Canada shall only be responsible to pay for the Services satisfactorily performed by Inspectron to the effective date of termination. In the event that City of Little Canada serves a notice of termination on Inspectron, Inspectron shall cease all activities under this Agreement unless City of Little Canada requests in writing that Inspectron complete any services prior to the date of termination. City of Little Canada shall not be liable for any costs incurred for work done following a notice of termination unless City of Little Canada has provided Inspectron with prior written authorization to complete such work. This agreement may be automatically extended each upon such terms and conditions as contained herein. 4. Payment. In consideration for the services provided under this Agreement, City of Little Canada agrees to pay to Inspectron $85.00 per man hour and plan review fees Per Exhibit A. Any work agreed to by the parties that is otherwise outside of the scope of Services described on Exhibit A shall be paid at the same rate of $85.00 per man hour; provided, however, that such work was expressly authorized by City of Little Canada in writing. All work shall be invoiced on a monthly basis with details providing the specific work done, and said invoices shall be due and payable within 35 days of receipt of such billing, assuming the invoice is not disputed, in accordance with the Minnesota Municipal Prompt Payment Act, Minnesota Statutes, section 471.425. None of Inspectron’s expenses shall be subject to City of Little Canada reimbursement except for mileage, as expressly contained in Inspectron’s proposal attached hereto as Exhibit A. 5. Compliance. Inspectron agrees to comply with all federal, state, and local laws and ordinances applicable to all services to be performed under this Agreement, including safety standards. Inspectron shall be solely responsible for the safety of all persons and property during performance of such services. Inspectron represents and warrants that it has the requisite training, skills, licensure, and experience necessary to provide the Services and is and will remain appropriately licensed by all applicable agencies and governmental entities and will perform the services with reasonable skill and care. 6. Data Practices; Confidentiality. Notwithstanding the foregoing, Inspectron agrees to abide by the applicable provisions of the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13 (“MGDPA”), and all other applicable state or federal rules, regulations, or orders