02/12/1996 Council Packet - Laserfiche WebLink

Home Search

C. TERMS AND CONDITIONS 1. Liability for Claims The Engineer is deemed as independent contractor for the purposes of this agreement and for the purposes of the Workmen's Compensation Act of Minnesota; work shall be performed on a "best efforts" basis. 2. Indemnification The Engineer indemnifies, saves and holds harmless, the City and all of its agents, 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 execution or performance of the work or services provided for herein and further agrees to defend at his sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character which arises hereunder. 3. Termination of Contract The City reserves the right to cancel this agreement at any time it deems to be in the best interest of the City upon giving fifteen (15) days written notice of such cancellation to the Engineer. If this agreement is cancelled under this provision, the City shall pay the Engineer for the time spent and expenses incurred under this agreement to the date of such notification. 4. Ordinances The Engineer shall in execution of services, ensure in and conform to all applicable Federal, State and Local laws, codes, ordinances and regulations except those which may be obtained by official documented waivers of the appropriate jurisdiction in the execution of this agreement. 5. Fairness in Employment The Engineer is not an employee of the City, but a contractor who may contract with individuals and/or corporations for specific services. It is agreed that the Engineer shall, to the best of his knowledge, contract only with parties that: (a) withhold taxes as provided by law, (b) do not discriminate against any employee or applicant because of race, sex, color, religion, age or national origin, and (c) pay their employees the prevailing salaries or wages of the area.