2014-10-08 CC Packet - Laserfiche WebLink

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such activities shall be pre-approved by the Council. 14. Indemnification: In addition to that which is required under state and local law, including but not limited to Minn. Stat.466.07, the City shall defend, hold harmless and indemnify the City Administrator from any and all (1)torts; (2) civil damages,penalties, and fines; (3) violations of statutes, laws, rules or ordinances; (4) criminal charges; all (5) professional liability claims; (6) demands or any other legal action, whether groundless or otherwise, arising out of or related to an alleged act or omission occurring in the good-faith performance of his duties as City Administrator. The City will compromise and settle any such claims or suit and pay the amount of any settlement of judgment thereon. 15. Bonding:The City shall bear the full cost ofany fidelity or other bonds required ofthe City Administrator under law or ordinance. 16. General Conditions of Employment: Nothing in this Agreement shall prevent,limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time,and for any reason, subject only to the provisions of this Agreement. Furthermore,nothing in this Agreement shall prevent,limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject to the provisions of this Agreement. In addition to the benefits cited herein, the City shall provide the City Administrator with all benefitsthat apply to any other employees. 17. Binding Effect: This agreement shall be binding ofthe City and the City Administrator and the successor's assigns,and heirs of each respectively. 18. Arbitration. Employee and the City agree that any and all unresolved disputes arise in relation to or out of this Agreement including, but not limited to, any dispute regarding the interpretation of this Agreement and the performance thereunder, shall be resolved through binding arbitration. The arbitration shall be held before one(1) arbitrator and shall be conducted in accordance with the Minnesota Uniform Arbitration Act(Minn. Stat. Ch. 572B). The parties also agree that any arbitration award shall be binding upon the parties and said award may be filed by either party in any court of competent jurisdiction. 19. Governing Law. This Agreement and any addendum or amendment hereto shall be governed by and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties and there are no agreements,understandings, restrictions, warranties, or representations between the parties relating to this subject matter other than those in this Agreement. To the extent, if any,this Agreement and the Personnel Ordinance conflict, the terms and conditions set forth in this Agreement shall take precedence over the Personnel Ordinance. This Agreement supersedes all prior agreements, understandings, discussions, or negotiations relating to this subject matter. Any modification or amendment to this Agreement will be effective only if it is in writing and signed by both Employee and the Mayor or other designated City Council member. 21. Opportunity to Review with Legal Counsel. By executing this Agreement,Employee acknowledges that he has had an adequate opportunity to read and understand this contract, and to seek legal assistance,if he desires,to gain an understanding of the meaning thereof. 3 22