Agenda - Council - 07/09/2013 - Laserfiche WebLink

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building official would exercise under the same or similar circumstances. St. Francis further warrants and represents that the Building Official has and will maintain all necessary licenses and certifications necessary to perform the terms and conditions of this Agreement. 9. DISPUTE RESOLUTION. The parties shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the parties, the following procedures shall be used: a. Mediation. Whenever there is a failure between the parties to resolve a dispute on their own, the parties shall first attempt to mediate the dispute. The parties shall agree upon a mediator, or if they cannot agree, shall obtain a list of court -approved mediators from the Anoka County District Court Administrator and select a mediator by alternately striking names until one remains. St. Francis shall strike the first name followed by Ramsey, and shall continue in that order until one name remains. b. Litigation. If the dispute is not resolved within 30 days after the end of mediation proceedings, the parties may litigate the matter. Each party will be responsible for all of their own costs associated with such litigation. c. Termination. In addition to the remedies outlined in this Paragraph, an ongoing dispute may also be resolved by terminating the Agreement as outlined in paragraph 10. 10. TERMINATION/EXTENSION. a. Termination. This Agreement may be terminated by the party desiring that the Agreement be terminated providing thirty (30) days written prior notice to all other parties. Cause is not required for such termination. Payment for services rendered will be through the date of termination as identified in the written notification. b. Extension. This Agreement may be extended beyond the time designated in Paragraph 3 of this Agreement by written agreement of all of the parties hereto which written agreement will contain any amendment of the existing terms of this Agreement. In the event that the Agreement is not formally extended by written agreement and services continue, the terms of this Agreement will continue to apply until Termination noted in paragraph 10(a) or the parties enter into a written extension Agreement. 11. OWNERSHIP AND INSPECTION OF DOCUMENTS. All documents including electronic data prepared under this Agreement will be the property of Ramsey and will be collected and maintained in a manner as deemed appropriate by Ramsey. Records Availability and Retention: The books, records, documents, and accounting procedures and practices of the Building Official relevant to this Agreement are subject to examination by St. Francis or its designated representative and either the Legislative Auditor or State Auditor as appropriate. The Building Official and both parties to this Agreement will be bound under the provisions of the Minnesota Data Practices Act and will maintain records in a fashion consistent with Minnesota Statutes, Chapter 13. 12. GENERAL PROVISIONS. 4