10-28-1987 Council Agenda - Laserfiche WebLink

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Section F. - City Cost Recovery The City shall not assess or otherwise recover any portion of its costs for this project through levy on County -owned property. Section G. Claims 1 It is hereby understood and agreed that any and all employees of the State and all other persons employed by the State in the performance of the construction and /or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's 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 state employees while so engaged on any of the construction and /or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of any of the maintenance work or services required or provided for under this agreement shall not be considered or provided for under this agreement shall not be considered employees of the State or County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the maintenance work or services to be rendered under this agreement by the City shall in no way be the obligation or responsibility of the State or County. The City at its own expense will defend, indemnify and save harmless the State and County, and all of its agents, officers and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the City's negligent acts or omissions in connection with the maintenace work covered by this agreement provided, however, that said indemnification shall not exceed the maximum liability established by Minnesota Statute Sec. 466.04 (1986) and as that Statute may be amended from time to time. Section H. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section I. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by the City and by resolution of the Board of Commissioners of the County. Page 98 87022 Page 8 of 9