5B, Elections Contract for 2013-2016

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Each party shall be responsible for any deductible under its respective policy. Each party hereby waives and releases the other parties, their employees, agents, officials, and officers from all claims, liability, and causes of action for loss, damage to or destruction of the waiving party's property resulting from fire or other perils covered in the standard property insurance coverage maintained by the parties. Furthermore, each party agrees that it will look to its own property insurance for reimbursement for any loss and shall have no rights of subrogation against the other parties. 9. Indemnification Each party to this Agreement will be responsible for its own acts and omissions, and the acts and omissions of its officials, employees, and agents, and the results thereof, to the extent authorized by law and shall not be responsible for the acts of the other party, its officials, employees, and agents, and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the parties shall be governed by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. This provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law. This provision will survive the termination of this Agreement. 10. Legal Representation The Ramsey County Attorney's office will advise and represent the County in all election-related matters except that the Arden Hills City Attorney will advise the County on any election-related matter applying to the Arden Hills municipal code. 11. Election Costs and Payments 11.1 Regular Elections Payments to cover the costs incurred by the County in the performance of the provisions of this Agreement for regularly scheduled elections will be made by the City in eight equal quarterly amounts for each two-year budget period, for a total of 16 quarterly payments during the Initial Term of the Agreement, based on invoices submitted by the County. Payments will be due on March 31, June 30, September 30 and December 31 of each year. The cost of election services for Regular Elections for the 2013- 2014 calendar years will be $31,000. The County will provide the cost for the 2015-2016 calendar years to the City no later than April 1, 2014. The County will base the cost for the 2015-2016 budget period on the actual cost for the previous similar election years, adjusted as necessary by the County to account for the following factors: 1) estimated voter turnout; 2) labor Agreement for Election Services With Arden Hills January 1, 2013-December 31, 2016 4 of 6