Agenda - Council - 02/13/2007 - Laserfiche WebLink

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r no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and the Consultant shall defend,' indemnify.and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination by any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City,. including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation,. Unemployment Compensation, disability, severance. pay and PERA. B. Insurance The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. The Consultant further agrees to name the City as insured in the aforementioned insurance policies. The Consultant shall maintain Workers. Insurance as required by Minnesota Statutes, Section 176.181, subd. 2. • The Consultant agrees. to *maintain professional liability insurance in at least the amount of $1,000,000 during the term of this Agreement. The Consultant shall provide the City with a.certificate of insurance for each of the above- mentioned • insurance policies. The Consultant agrees to notify the City within 48 hours of cancellation or a change in any of the aforementioned insurance policies. C. Indemnification The Consultant shall defend, indemnify and hold harmless the City of Ramsey, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney'fees, arising out of or resulting from the. Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, - sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused inwhole or in part by any negligent act or omission or willful misconduct of Consultant. The indemnification shall also include all other items mentioned in Article VL A. Independent Consultant. D. Termination The contract may be terminated by the City with or without cause at any time upon written notice to the Consultant. In the event that such termination should take place at a time other than the completion of the work to be performed under the contract, the Consultant shall be paid for the work performed to the date of termination. • E. Miscellaneous -278 —.