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05 Water & Wastewater Operations Service Agreement
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08-20-2019 Special City Council Meeting
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05 Water & Wastewater Operations Service Agreement
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6. INDEMNIFICATION/HOLD HARMLESS <br /> 6.1. Each Party (referred to as the "Indemnifying Party" in this paragraph 6.1) <br /> agrees to defend, indemnify, and hold harmless the other Party, its employees <br /> and officials (the "Indemnified Party") against any and all claims, liability, <br /> loss, damage, or expense, including reasonable attorney's fees, caused by or <br /> resulting from any acts or omissions of the Indemnifying Party and/or those <br /> of the Indemnifying Parties' employees or agents in the performance of or with <br /> relation to any of the obligations to be performed under this Agreement, except <br /> for such claims, liability, loss, damage or expense caused by the negligence or <br /> intentional misconduct of the Indemnified Party. <br /> 6.2. All indemnification obligations shall survive termination, expiration or <br /> cancellation of this Ageement. <br /> 7. INSURANCE <br /> 7.1. Both Parties agree that each Party is currently insured and maintains <br /> appropriate levels of insurance including workers' comp, sufficient <br /> general, auto, and professional liability insurance to cover its liability <br /> pursuant to the Minnesota Tort Claims Act, Minnesota Statutes, Section <br /> 466.04, as amended, and furthermore each Party agrees to maintain the <br /> current levels of insurance through the term of this Agreement. <br /> 8. COMPENSATION <br /> 8.1. CITY shall compensate the CONTRACTOR the sum of $7,052.00 per <br /> month (the "Contract Price") to serve as the certified water supply <br /> system and wastewater operator as specified herein for the initial term of <br /> this Agreement, plus such other amounts described in Sections 2.2.3.5, 8.2, <br /> and 9.3. Said sums shall be payable on a monthly basis, payments due <br /> within thirty (30) days of the CONTRACTOR submitting an invoice to <br /> CITY. Future increases in the Contract price through the first �ve <br /> years of the Agreement shall be adjusted annually by the amount of <br /> change in the CPI-U (NSA) from May of the previous year to May of <br /> the current year. Adjustments to the Contract price after the initial <br /> five years of this Agreement shall be negotiated pursuant to section 4.1. <br /> 8.2. CITY shall compensate CONTRACTOR at a rate of $35.00 per hour for <br /> additional services provided by CONTRACTOR's employees or agents that <br /> are authorized in writing by CITY. <br /> 7 <br />
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