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City agrees that, at this time, the majority of all work shall be performed within the City.
<br />The City also agrees that all transportation is to be provided by the Contractor and agreed
<br />upon fees shall cover all transportation -related expenses. Office hours within the City will
<br />vary dependent on specific needs, with the majority of permit processing and system
<br />evaluation to be completed on an hourly basis.
<br />2. Term. This Agreement shall begin on the date of execution and shall continue until
<br />December 31, 2017. This agreement may be extended by written agreement of the parties,
<br />with any additional terms stated therein. Failure to agree, in writing, to extend the term of
<br />this Agreement shall result in the expiration of this Agreement upon the date stated herein.
<br />3. Schedule. The parties hereto acknowledge that this Agreement is for Services on an as -
<br />needed basis. There is no expectation of predetermined hours or rates hereunder. The
<br />parties shall coordinate performance of the Services based upon the applications received
<br />by the City and other requests for Services. The Contractor hereby agrees that it shall
<br />make all reasonable efforts to provide the City with all Services within a reasonable time.
<br />The City shall be responsible for coordinating all inspection activity and other related
<br />Services, and shall notify the Contractor of such planned Services.
<br />4. Contract Performance. Contractor shall complete performance of building inspection
<br />services in accord with the conditions described in this Agreement. If any additional work
<br />outside the scope of Services is contemplated, the City and Contractor shall agree, in
<br />writing, as to the parameters of the additional work and anticipated costs as well as
<br />timeframe for completion. The Contractor agrees to remain at all times licensed by the
<br />State of Minnesota as a Certified Building Official, and licensed by the Minnesota
<br />Pollution Control Agency as a Certified Inspector for on-site septic systems. The
<br />Contractor agrees it shall, within the scope of the contract, maintain an adequate set of
<br />records in City property files, of all dates, types and results of permits and inspections for
<br />permitted work. The Contractor also certifies that those working on behalf of the
<br />Contractor will maintain valid Minnesota driver's licenses and correlating insurance as
<br />required by this Agreement. Finally, the parties hereto acknowledge that Andy Schreder
<br />shall serve as the City's Building Official under the terms of this Agreement, and shall be
<br />personally responsible for completing the Services contemplated herein on behalf of the
<br />City.
<br />5. Indemnifications, Hold Harmless, and Defend. Any and all claims that arise or may arise
<br />against Contractor, its agents, servants, or employees as a consequence of any act or
<br />omission on the part of the Contractor or its agents, servants, or employees while engaged
<br />in the performance of this Agreement shall in no way be the obligation or responsibility of
<br />the City. Contractor shall indemnify, hold harmless, and defend the City, its officers,
<br />agents, and employees against any and all liability, loss, costs, damages, expenses, claims
<br />or actions, including attorney fees which the City, its officers, agents, or employees may
<br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or
<br />omission of Contractor, its agents, servants or employee, in the execution, performance, or
<br />failure to adequately perform Contractor's obligations pursuant to this Agreement. Nothing
<br />in this Agreement shall constitute a waiver by the City or Contractor of any statutory limits
<br />or immunities from liability including but not limited to those provisions contained in
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<br />507518v5 AMB MU125-11
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