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K. Work Products. All records, information, materials and other work products, except <br /> those noted below, prepared and developed in connection with the provision of services <br /> hereunder shall become the exclusive and confidential property of the City. No such <br /> products shall be made available to any other individual or organization by the YMCA <br /> without the prior written approval of the City. All YMCA personnel records associated <br /> with personnel assigned under the terms and conditions of this Agreement shall be and <br /> remain the exclusive property of the YMCA provided, however, that the YMCA shall <br /> grant the City Clerk-Administrator and/or City Attorney to review such files upon given <br /> at least five days notice of their intent to review such files. <br /> L. Independent Contractor Status. All services provided by YMCA, YMCA's officers, <br /> agents, and employees pursuant to this Agreement shall be provided by such persons as <br /> an employee of the YMCA or as an independent contractor and not as an employee of the <br /> City for any purpose, including but not limited to: <br /> 1. Income tax withholding; <br /> 2. Workers' compensation; <br /> 3. Unemployment compensation; <br /> 4. FICA taxes; and <br /> 5. Eligibility for employee benefits. <br /> M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall <br /> be administered in accordance with Minnesota Statutes, Chapter 13, and all data on <br /> individuals shall be maintained in accordance with statutory guidelines. <br /> N. Maintenance and Repair. The City shall be responsible for all maintenance and repairs <br /> associated with the Rec Center as part of this Agreement. <br /> 0. Contracts, Utilities and Services. City and YMCA shall make contracts required for <br /> electricity, gas, telephone, fuel, or water, and such other services as City and YMCA <br /> shall deem necessary or prudent for the operation of the Rec Center and the City shall pay <br /> such expenses. <br /> P. Relationship of YMCA to City. The relationship of the parties to this Agreement shall <br /> be that of principal and agent, and all duties to be performed by YMCA under this <br /> Agreement shall be for and on behalf of City, in City's name, and for City's benefit. In <br /> taking any action under this Agreement, YMCA shall be acting only as an agent for City, <br /> and nothing in this Agreement shall be construed as creating a partnership,joint venture, <br /> or any other relationship between the parties to this Agreement except that of principal <br /> and agent. Neither party shall have the power to bind or obligate the other except as <br /> expressly set forth in this Agreement, except that YMCA is authorized to act with such <br /> additional authority and power as may be necessary to carry out the spirit and intent of <br /> this Agreement. <br /> Q. Indemnification Survives Termination. All representations and warranties of the <br /> parties contained herein shall survive the termination of this Agreement. <br /> 9 <br />