08-10-11 Council Agenda - Laserfiche WebLink

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affirmative action, public purchases, contracting, employment, including workers' compensation and surety deposits required for construction contracts. 2. It is understood and agreed 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 deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 3. All employees of Little Canada and all other persons engaged by Little Canada in the performance of any work or services required or provided for herein to be performed by Little Canada shall not be considered employees of Met Council, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the state of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Met Council. It is further agreed that any and all employees of Met Council and all other persons engaged by Met Council in the performance of any work or services required or provided herein to be performed by Met Council shall not be considered employees of Little Canada, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law of behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission of the part of said employees while so engaged , on any work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Little Canada. 4. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 5. All records kept by Met Council and Little Canada with respect to this Agreement shall be subject to examination by the representatives of each party hereto and the State Auditor, and its representatives. All data collected, created, received, maintained or disseminated for any purpose by the activities of Little Canada and Met Council pursuant to this Agreement shall be governed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 13 15