Agenda Packets - 2010/10/25 - Laserfiche WebLink

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2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 2 CITY PROJECT NO. 2010-004 7. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Building Access. The City shall arrange for and provide Contractor access to the interior and exterior areas of the buildings covered under this Agreement. 10. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor in the performance of the services provided by this Agreement and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 11. Workers’ Compensation Insurance. The Contractor shall have workers’ compensation insurance coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached hereto prior to commencing work under this Agreement. 12. Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 13. General Liability Insurance. The Contractor shall pay for and maintain adequate insurance with limits acceptable to the City to protect himself and the City from claims and liability for injury or damages to persons or property for all work performed by the Contractor under this Agreement. The Contractor shall name the City as an additional insured under his policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. The Contractor must notify the City of any changes to its insurance policies. 14. Background Checks. The City may perform background checks, in accordance with state law, on any of Contractor’s employees, agents or subcontractors who provide services to the City. 15. Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. The Contractor, its employees, subcontractors and agents shall not provide information or data to anyone outside of the City without written permission from the City except as authorized by the Act. 16. Governing Law. The laws of the State of Minnesota shall control this Agreement. 17. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 18. No Waiver by the City. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law.