2008-078 Council Resolution - Laserfiche WebLink

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• 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non -LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. • 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common -law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 12