Agenda - Council - 06/13/2000 - Laserfiche WebLink

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administration, maintenance and operation of the ditches and all other matters relating in any way to the ditches. Such costs and expenses include, but are not limited to, consultant, expert and legal fees and any increases in liabihty insurance premiums if such increases can be determined with reasonable accuracy. It is the intent of this agreement that all costs or expenses of any kind incurred by the Commission which would not have been incurred if the ditch had not been transferred from the County will be reimbursed to the Commission by the City of Ramsey. Reimbursement for all such costs shall be made within 45 days of receipt of an itemized invoice therefor from the Commission. SECTION IV INDEPENDENT CONTRACTOR 4.1. The parties agree the City of Ramsey is an independent contractor and that all persons performing services under this Agreement are employees of the City or its contractors or agents, and are not employed by or employees of the Commission. SECTION V SUBCONTRACTOR 5.1. The City of Ramsey may enter into a contract with a third person whereby such person performs on behalf of the City and under the direction of its supervisory personnel, a part of the work required by or under this Agreement. All contracts and agreements made by the City with third persons for the performance of any work required by this Agreement shall be subject to the terms of this Agreement. SECTION VI INDEIV1NITY 6.1. The parties agree that the Commission shall not be responsible or liable in any manner for any claim, demand, action or cause of action of any kind arising out of the City of Ramsey's neglect, performance, or failure to perform the work required by this Agreement or arising out of the neglect, performance or failure to perform such work by any contractor of the City of Ramsey performing any of the work provided herein; and the City of Ramsey agrees to indemnify and defend the Commission and the Cities of Andover, Anoka and Coon Rapids, their officers, agenm and employees and to save and keep them harmless from all losses and expenses,including reasonable attorney's lees, incurred as a result of any claim, demand, action, or cause of action arising out of the actions or inactions of the City of Ramsey, its officers, agents or employees in carrying out or failing to carry out its obligations under this Agreement whether or not such actions or inactions were negligent or unlawful. 6.2. Nothing in this Agreement shall be deemed a waiver by any party of the hmitations on liability set forth in Minnesota Statutes, Chapter 466. CLL-178112vi LWI05-1 I I I ! I I i I I I I I I I I I I I I