Agenda Packets - 1999/04/05 - Laserfiche WebLink

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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, 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 operating efficiency of the Center, and all alterations required to comply with governmental regulations or insurance requirements. City shall provide routine cleaning and janitorial se-twise,s for the Center as part of this Agreement. (Y CAN'T LET MECHANICS LIEN ATTACH). 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. Neither party shall have the power to bind or obligate the other except as expressly set forth in this Agreement, except that YMCA is authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. Q. Indemnification Survives Termination. All representations and warranties of the parties contained herein shall survive the termination of this Agreement. R. Force Majeure. Any delays in the performance of any obligation of YMCA under this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of YMCA, and any time periods required for performance shall be extended accordingly. S. Change in Key Personnel. If there is a personnel change in the YMCA's Chief Executive Officer, Chief Operating Officer, or Northwest Family YMCA Executive Director or in the SJR-159255 MU210-35