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DRAFT <br />10-14-09 <br /> <br />312576v1 SJR- <br />163485 MU205210-435 <br />9 <br />I. Programming Equipment. The City will provide the YMCA with the equipment and <br />materials on Exhibit VII. Any program equipment purchased in conjunction with any <br />service provided under this contract by either the City or the YMCA shall become and <br />remain the property of the City. The YMCA agrees to provide reasonable maintenance <br />on all such equipment. At the end of this contract, any such equipment shall remain with <br />and be owned solely by the City. <br /> <br />J. Waiver. No failure by any party to insist upon the strict performance of any covenant, <br />duty, agreement, or condition of this agreement or to exercise any right or remedy <br />consequent upon a breach thereof, shall constitute a waiver of any such breach of any <br />other covenant, agreement, term, or condition, nor does it imply that such covenant, <br />agreement, term or condition may be waived again. <br /> <br />K. Work Products. All records, information, materials and other work products, except <br />those noted below, prepared and developed in connection with the provision of services <br />hereunder shall become the exclusive and confidential property of the City. No such <br />products shall be made available to any other individual or organization by the YMCA <br />without the prior written approval of the City. All YMCA personnel records associated <br />with personnel assigned under the terms and conditions of this Agreement shall be and <br />remain the exclusive property of the YMCA provided, however, that the YMCA shall <br />grant the City Clerk-Administrator and/or City Attorney to review such files upon given <br />at least five days notice of their intent to review such files. <br /> <br />L. Independent Contractor Status. All services provided by YMCA, YMCA's officers, <br />agents, and employees pursuant to this Agreement shall be provided by such persons as <br />an employee of the YMCA or as an independent contractor and not as an employee of the <br />City for any purpose, including but not limited to: <br /> <br /> 1. Income tax withholding; <br /> 2. Workers' compensation; <br /> 3. Unemployment compensation; <br /> 4. FICA taxes; and <br /> 5. Eligibility for employee benefits. <br /> <br />M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall <br />be administered in accordance with Minnesota Statutes, Chapter 13, and all data on <br />individuals shall be maintained in accordance with statutory guidelines. <br /> <br />N. Maintenance and Repair. With the prior written consent of the City, the YMCA is <br />authorized to and shall make or cause to be made at the City’s expense, through <br />contracted services or otherwise, all ordinary repairs and replacements reasonably <br />necessary to preserve the Center in its present condition and for the efficient operation of <br />the Center, and all such alterations are required to comply with governmental regulations <br />or insurance requirements. The City shall be responsible for all maintenance and repairs <br />associated with provide routine cleaning and janitorial for the Rec Center as part of this <br />Agreement.