CC RES 98-072 RESOLUTIONAUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES

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• Contract No. 5022M8 Agreement No. PW 43-10-98 damages, losses, costs, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for in the performance of the services required by this Agreement, and against all loss by reason of the failure of said City to perform fully, in any respect, all obligations under this Agreement. The City also agrees that any contract let by the City for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand,judgments, expenses, action or cause of action of any kind or character arising out acts or omissions of said contractor, its officers, employees, agents or subcontractors and 2) Require the contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. IX The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. • X The parties hereto agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the parties and involve transactions relating to this Agreement. XI It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alternations,variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. -5-