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7/31/18 <br />4.01 Term of Agreement. This agreement is effective when fully executed by the parties and <br />expires September 1, 2018. <br />4.02 Amendments. The terms of this agreement may be changed only by mutual agreement <br />of the parties. Such changes will be effective only on the execution of written amendment(s) <br />signed by duly authorized officers or representatives of the parties to this agreement. <br />4.03 District Personnel. Phil Belfiori, or such other person as may be designated in writing by <br />the District, will serve as the District's authorized representative and will assume primary <br />responsibility for coordinating all services with the City. <br />4.04 City Personnel. The City Contract Manager for purposes of administration of this <br />agreement is Mark Erichson, City Engineer, or such other person as may be designated in writing <br />by the City. The City Contract Manager will be responsible for coordinating services under this <br />agreement. <br />4.05 Equal Employment Opportunity; Affirmative Action. The District, County and City agree <br />to comply with all applicable laws relating to nondiscrimination and affirmative action. In <br />particular, the District, County, and City agree not to discriminate against any employee, <br />applicant for employment, or participant in this study because of race, color, creed, religion, <br />national origin, sex, marital status, status with regard to public assistance, membership or <br />activity in a local commission, disability, sexual orientation, or age; and further agree to take <br />action to assure that applicants and employees are treated equally with respect to all aspects <br />of employment, including rates of pay, selection for training, and other forms of compensation. <br />4.06 Independent Relationship. No employee, representative, contractor or consultant of any <br />party to this agreement acts in any respect as the agent or representative of the other party. <br />4.07 Liability. Each party to this agreement shall be liable for the acts and omissions of itself <br />and its officers, employees, and agents, to the extent authorized by law. No party shall be liable <br />for the acts or omissions of one of the other parties to this agreement or another party's officers, <br />officials, employees, contractors or agents. Nothing in this agreement shall be deemed to be a <br />waiver by any of the parties of any applicable immunities or limits of liability including, without <br />limitation, Minnesota Statutes, sections 3.736 (State Tort Claims) and chapter 466 (Municipal <br />Tort Claims). <br />4.08 Copyright. No reports or documents produced in whole or in part under this agreement <br />will be the subject of an application for or assertion of copyright by or on behalf of the District <br />or City. <br />4.09 Termination of Agreement. The District and City will each have the right to terminate <br />this agreement at any time and for any reason by submitting written notice of the intention to <br />do so to the other parties. Any party that terminates without cause before the submittal of the <br />2 <br />