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Resolution 9816
<br />Page 2 of 7
<br />3. Performance. The Contractor shall complete the performance of building inspection
<br />services and all other services described in Exhibit A in accord with the conditions described in this
<br />Agreement. If any additional work outside the scope of building inspection services is contemplated,
<br />the Jurisdiction and the Contractor will mutually agree to the parameters of the additional work and
<br />anticipated costs as well as timeframe for completion. The Contractor shall maintain licenses by the
<br />State of Minnesota as a Certified Building Official and by the Minnesota Pollution Control Agency as
<br />a Certified Inspector for on -site septic systems. The Contractor shall perform the Services in a manner
<br />consistent with that of a reasonable and prudent Building Official. If any work is requested outside of
<br />the scope of the Services set forth in Exhibit A, such work shall not commence until the Contractor
<br />and the Jurisdiction agree to the terms, scope, price, and other details in writing (including via
<br />electronic mail). Such additional work shall still be subject to the terms and conditions of this
<br />Agreement.
<br />4. Indemnification, Hold Harmless, and Defend. Any and all claims that arise or may
<br />arise against the Contractor, its agents, servants, or employees as a consequence of any act of malice,
<br />willful negligence, and/or without good faith on the part of the Contractor or its agents, servants, or
<br />employees while engaged in the performance of the Agreement shall in no way be the obligation or
<br />responsibility of the Jurisdiction. The Contractor shall indemnify, hold harmless, and defend the
<br />Jurisdiction, its officers, agents, and employees against any and all liability, loss, costs, damages,
<br />expenses, claims, or actions, including reasonable attorney fees which the Jurisdiction, its officers,
<br />agents, or employees may hereafter sustain, incur, or be required to pay, arising out of services
<br />performed under this Agreement or by reason of any act of malice and without good faith of the
<br />Contractor, its agents, servants, or employees, in the execution, performance, or failure to adequately
<br />perform the Contractor's obligations pursuant to this Agreement.
<br />This Agreement to hold harmless and indemnify shall not apply to any claim arising out of a situation
<br />where the Contractor has previously notified the Jurisdiction in writing of a failure by an owner or
<br />permit applicant to comply with the appropriate Code and the Jurisdiction fails to enforce the Code.
<br />Nothing in this Agreement shall constitute a waiver by the Jurisdiction or the Contractor of any
<br />statutory limits or immunities from liability, including but not limited to MN Rules 1300.0110, Subpart
<br />9 and Minnesota Statute §466.04.
<br />5. Independent Contractor. The Contractor shall perform the Services as an
<br />independent contractor of the Jurisdiction, and not as an employee. No withholdings or deductions
<br />shall be made from payments due to the Contractor. The Contractor shall not be eligible for benefits,
<br />workers compensation, or unemployment benefits. To the extent allowable by law, the Contractor may
<br />subcontract the performance of certain administrative or other duties under the Agreement.
<br />6. Insurance. During the entire term of this Agreement, the Contractor shall maintain
<br />the following insurances and will provide the Jurisdiction with evidence of the same upon request: (1)
<br />Commercial general liability insurance coverage with a policy limit of at least $1,500,000 per
<br />occurrence; (2) Business automobile liability coverage with a total liability limits of at least $1,500,000;
<br />and (3) Workers' compensation insurance. If the Contractor is not required by law to carry workers'
<br />compensation insurance, in place of proof of workers' compensation insurance, the Contractor may
<br />provide a written statement of exemption specifying the particular provision of Minn. Stat. § 176.041
<br />that exempts the Contractor from having to carry such coverage. If the Contractor is required by law
<br />to carry workers' compensation insurance, the Contractor shall, at the time of execution of this
<br />Agreement, furnish evidence satisfactory to the Jurisdiction that the Contractor maintains insurance
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