Resolution 7489 - Laserfiche WebLink

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2.11. Termination. This Agreement may be terminated by the City at any time or by the City Attorney upon 30 days written notice. 2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the City Attorney, with the consent of the City, shall arrange for suitable alternative legal representation. It is the intent of the City Attorney to refrain from handling legal matters for any other person or entity that may pose a conflict of interest. 2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this Agreement relating to conflicts of interest, the rights and obligations created by this Agreement may not be assigned by either party. 2.14. Agreement Not Exclusive. The City retains the right to hire other legal representation for specific legal matters. 2.15. Independent Contractor Status. All services provided by the City Attorney pursuant to this Agreement shall be provided by the City Attorney as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 2.16. Work Products. All records, information, materials and other work products prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City. 2.17. Insurance. The City Attorney shall maintain professional liability (malpractice) insurance in the minimum amount of $1,000,000. 2.18. Data Practices Act Compliance. Data provided to the City Attorney under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 2.19. Choices of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 2.20. Agreement Extensions. Subject to the rights of termination described in Section 2.11, the provisions of this Agreement shall be deemed to be automatically extended from year-to-year or extended with such modifications or adjustments as the City and City Attorney may from time-to-time mutually agree. Page 5