CCP 04122022 - Laserfiche WebLink

Home

Attachment A officers, agents, employees, contractors and/or subcontractors, pertaining to the performance or failure to perform the Work and against all losses resulting from their own failure to fully perform all of their respective obligations under this Agreement. 18. Insurance; Liability Limitation. The City shall maintain its current liability coverage through the League of Minnesota Cities Insurance Trust (ÐLMCITÑ) at all times during the life of this Agreement and include Metro-INET as an additional insured entity to such coverage. The parties acknowledge that the City is a self-insured entity for purposes of workersÓ compensation coverage and shall remain sufficiently self-insured to cover any and all workersÓ compensation liabilities and/or judgments potentially arising out of the performance of this Agreement. Nothing in this Agreement constitutes, nor shall be construed to constitute, a waiver of any liability limitation contained in Minnesota Statutes Chapter 466 or any other limitation of liability contained in statute, at law, in equity, or elsewhere. 19. Personal Property. The City and Metro-INET shall be responsible for any damage to their respective personal property. On behalf of the City, Metro-INET, and their insurers, the parties hereby waive and release any right or claim to recover damages from the other party for any loss to a partyÓs property. This waiver does not apply to any loss resulting from the willful, wanton, or intentional misconduct of a party or any person acting on behalf of a party. 20. Ownership of Documents. All plans, diagrams, analysis, reports and information generated in connection with the performance of this Agreement (ÐInformationÑ) shall become the property of Metro-INET, but the City may retain copies of such documents as records of the services provided. Metro-INET may use the Information for any reasons it deems appropriate without being liable to the City for such use. The City shall not use or disclose the Information for purposes other than performing the Work contemplated by this Agreement without the prior consent of Metro-INET. 21. Annual Review. Metro-INET shall have the right to conduct an annual review of the performance of the Work performed by the City under this Agreement. The City agrees to cooperate in such review and to provide such information as Metro-INET may reasonably request. Following each performance review the Parties shall, if requested by Metro-INET, meet and discuss the performance of the City relative to the remaining Work to be performed by the City under this Agreement. 22. Conflicts. No salaried officer or employee of either Party and no elected official of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision shall render this Agreement void. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 5