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2010 through January 31, 2010, Jensen, Bell, Converse & Erickson, P. A. shall be the Consultant
<br />and have all of the rights, and be responsible for all of the obligations, of the Consultant under this
<br />Agreement. From February 1, 2010 through December 31, 2012, Erickson, Bell, Beckman &
<br />Quinn, P. A. shall be the Consultant and have all of the rights, and be responsible for all of the
<br />obligations, of the Consultant under this Agreement. Except for the foregoing assignment, neither
<br />party shall assign this Agreement, nor any interest arising herein, without the written consent of the
<br />other party.
<br />15. Services Not Provided For. No claim for services furnished by the Consultant not specifically
<br />provided for herein shall be honored by the City.
<br />16. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
<br />reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect
<br />the remaining provisions of this Agreement.
<br />17. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
<br />supersedes all oral agreements and negotiations between the parties relating to the subject matter
<br />hereof as well as any previous agreements presently in effect between the parties relating to the
<br />subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
<br />Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
<br />otherwise provided herein.
<br />18. Compliance with Laws and Regu/afions. In providing services hereunder, the Consultant shall
<br />abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be
<br />provided. The Consultant and City, together with their respective agents and employees, agree to
<br />abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
<br />amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
<br />ordinances, rules and regulations pertaining to the services to be provided shall constitute a
<br />material breach of this Agreement and entitle the City to immediately terminate this Agreement.
<br />19. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,
<br />in any respect, the validity of the remainder of this Agreement.
<br />20. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
<br />employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
<br />reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including
<br />without limitation professional errors or omissions) of the Consultant, its agents, employees, or
<br />subcontractors in the performance of the services provided by this Agreement and against all
<br />losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations
<br />under this Agreement.
<br />21. Insurance. Consultant shall procure and maintain the following minimum insurance coverages and
<br />limits of liability during the pendency of this Agreement:
<br />A. Worker's Compensation Statutory Limits
<br />B. Professional Liability Insurance. The Consultant agrees to provide to the City a
<br />certificate evidencing that they have in effect, with an insurance company in good
<br />standing and authorized to do business in Minnesota, a professional liability insurance
<br />policy. Said policy shall insure payment of damage for legal liability arising out of the
<br />performance of professional services for the City, in the insured's capacity as the
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