Agenda Packets - 1999/06/28 - Laserfiche WebLink

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J. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. K. Work Products. All records, information, materials and other work products, except those noted below, prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by the YMCA without the prior written approval of the City. All YMCA personnel records associated with personnel assigned under the terms and conditions of this Agreement shall be and remain the exclusive property of the YMCA provided, however, that the YMCA shall grant the City Clerk -Administrator and/or City Attorney to review such files upon given at least five days notice of their intent to review such files. L. Independent Contractor Status. All services provided by YMCA, YMCA's officers, agents, and employees pursuant to this Agreement shall be provided by such persons as an employee of the YMCA or as an independent contractor and not as an employee of the City for any purpose, including but not limited to: 1. Income tax withholding; 2. Workers' compensation; 3. Unemployment compensation; 4. FICA taxes; and 5. Eligibility for employee benefits. M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with statutory guidelines. N. Maintenance and Repair. With the prior written consent of the City, the YMCA is authorized to and shall make or cause to be made at the City's expense, through contracted services or otherwise, all ordinary repairs and replacements reasonably necessary to preserve the Center in its present condition and for the efficient operation of the Center, and all such alterations are required to comply with governmental regulations or insurance requirements. City shall provide routine cleaning and janitorial for the Center as part of this Agreement. O. Contracts, Utilities and Services. City and YMCA shall make contracts required for electricity, gas, telephone, fuel, or water, and such other services as City and YMCA shall deem necessary or prudent for the operation of the Center and the City shall pay such expenses. P. Relationship of YMCA to City. The relationship of the parties to this Agreement shall be that of principal and agent, and all duties to be performed by YMCA under this Agreement shall be for and on behalf of City, in City's name, and for City's benefit. In taking any action under this Agreement, YMCA shall be acting only as an agent for City, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of principal and agent.