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Nykanen Inspections LLC. Services Agreement Page 2 3) Compensation. The fees for the Consultant services shall be based on eighty percent (80%) of the permit fees as shown in the attached Exhibit A. Payments must be made within 30 days of receipt of an invoice. Consultant will send the City monthly invoices for services rendered. 4) Insurance. The Consultant shall secure and maintain the following minimum insurance: A. Worker's compensation insurance as required by Minnesota law. B. Electrical inspector's errors and omissions and general liability insurance policies with limits of$1,000,000 each negligent act, error or omission and $2,000,000 aggregate. C. The Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorney's fees which the City,its officers or employees may herein after sustain, incur or be required to pay arising out of or by reason of any negligent of will act or adequately perform the Consultant's obligations pursuant to this Contract. 5) Data Practices. All records kept by Consultant and City with respect to the Agreement are subject to examination by representatives of each Party. All data collected, created, received, maintained or disseminated for any purpose by the City or the Consultant under this Agreement are governed by Minnesota Statutes, Chapter 13 ("Act"), and the Minnesota Rules implementing the Act. 6) Compliance With Laws and Regulations. Consultant agrees to comply with all applicable City Ordinances, state statutes and federal laws applicable to Consultant. 7) Amendments or Modifications. Both Parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on-going working relationship. To that end, both Parties shall use their best efforts to ensure the viability of this Agreement into the future. However,any alterations,variations,modification,or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed and attached hereto. 8)Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all oral agreements and negotiations between the Parties relating to this Agreement. All exhibits and attachments to this Agreement are incorporated into the Agreement. If there is a conflict between the terms of this Agreement and any of the exhibits, the Agreement governs. 9) Independent Contractor. Both the Consultant and the City acknowledge and agree that the Consultant and their subcontractors are independent contractors and not employees of the City. The Consultant understands that the City will not provide any benefits of any type in connection with this Agreement, including, but not limited to, health or medical insurance, workers' compensation insurance and unemployment insurance, public employee retirement benefits, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Consultant.The Consultant must supply all other supplies,equipment,materials,tools and incidentals