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Resolution 6855
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06500 - 06999 (2005-2007)
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Resolution 6855
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Last modified
6/25/2019 10:11:03 AM
Creation date
3/27/2007 9:48:13 AM
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MV City Council
City Council Document Type
Resolutions
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Chartered. <br />2.09. Primary Legal Counsel. It is the intention of the parses and it is hereby agreed by the <br />City Attorney, that the term "primary legal counsel" as used herein means and refers to Scott ). <br />• Riggs and Robert J. V. Vose who will, except in the case of extraordinary circumstances <br />involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and <br />be responsible to the City for the legal services to be provided. <br />2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda or <br />amendments signed by the parties shall constitute the entire agreement between the City and the <br />City Attorney, and supersedes any other written or oral agreements between the City and the City <br />Attorney. This Agreement can only be modified in writing signed by the City and the City Attorney. <br />2.11. Termination. This Agreement may be terminated by the City at any time or by the <br />City Attorney upon 30 days written notice. <br />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 Gty. In the event of a conflict, the cty Attorney, with the consent of the City, shall <br />arrange for suitable alternative legal representation. It is the intent of the City Attorney to refrain <br />from handling legal matters for any other person or entity that may pose a conflict of 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 Agreement <br />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 tax <br />withholding, workers' compensation, unemployment compensation, FICA taxes,liabilii}rfortorts <br />and eligibility for employee benefits. <br />2.16. Work Products. All records, information,. materials and otherwork products prepared <br />and developed in connection with the provision of services pursuant to this Agreement shall <br />become the property of the City. <br />2.17. Insurance. The CityAttomeyshall maintain professional liability(malpractice)insurance <br />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 co u its of <br />Minnesota, and all parties to this Agreement waive any objection to the jurisdiction ofthese <br />• 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 year-to- <br />year or extended with such modifications or adjustments as the Cit)rand City Attorney may from time-to- <br />
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