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Resolution 7987
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7500 - 7999 (2009-2012)
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Resolution 7987
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Last modified
6/25/2019 10:09:49 AM
Creation date
8/30/2012 11:36:38 AM
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MV City Council
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Resolutions
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2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all <br /> professional obligations to avoid conflicts of interest and appearances of impropriety in <br /> representation of the City. In the event of a conflict,the City Attorney, with the consent of the City, <br /> shall arrange for suitable alternative legal representation. It is the intent of the City Attorney to <br /> refrain from handling legal matters for any other person or entity that may pose a conflict of <br /> interest. <br /> 2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this <br /> Agreement relating to conflicts of interest, the rights and obligations created by this <br /> Agreement may not be assigned by either party. <br /> 2.14. Agreement Not Exclusive. The City retains the right to hire other legal <br /> representation for specific legal matters. <br /> 2.15. Independent Contractor Status. All services provided by the City Attorney <br /> pursuant to this Agreement shall be provided by the City Attorney as an independent <br /> contractor and not as an employee of the City for any purpose, including but not limited to: income <br /> tax withholding, workers' compensation, unemployment compensation, FICA taxes, <br /> liability for torts and eligibility for employee benefits. <br /> 2.16. Work Products. All records, information, materials and other work products <br /> prepared and developed in connection with the provision of services pursuant to this <br /> Agreement shall become the property of the City. <br /> 2.17. Insurance. The City Attorney shall maintain professional liability (malpractice) <br /> insurance in the minimum amount of$1,000,000. <br /> 2.18. Data Practices Act Compliance. Data provided to the City Attorney under this <br /> Agreement shall be administered in accordance with the Minnesota Government Data <br /> Practices Act, Minnesota Statutes, Chapter 13. <br /> 2.19. Choices of Law and Venue. This Agreement shall be governed by and <br /> construed in accordance with the laws of the state of Minnesota. Any disputes, <br /> controversies, or claims arising out of this Agreement shall be heard in the state or federal courts <br /> of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction <br /> of these courts,whether based on convenience or otherwise. <br /> 2.20. Agreement Extensions. Subject to the rights of termination described in <br /> Section 2.11, the provisions of this Agreement shall be deemed to be automatically extended from <br /> year-to-year or extended with such modifications or adjustments as the City and City Attorney may <br /> from time-to-time mutually agree. <br /> 5 <br /> 409234v1 SJRMU125-11 <br />
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