02-27-2023 Council Packet - Laserfiche WebLink

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11. Invoicing. Orono shall bill Spring Park within 15 days after the last day of each month for which services were rendered,and Spring Park shall remit payment thereon by the first day of the month following receipt of the bill. 12. Emergency Repair Authority. During emergencies or in response to infrastructure issues after hours, Spring Parks authorizes Orono Staff to make repairs or contract for repairs up to$15,000. Orono staff will contact Spring Park City Administrator as soon as practical to get authorization for any additional repairs that may be required. 13. Insurance.Orono shall maintain workers' compensation insurance as required by law covering its own personal and commercial general liability insurance, or its equivalent, in the amount of not less than 2,000,000 per occurrence. Orono shall add Spring Park as an additional insured to its liability coverage. Orono shall furnish Spring Park with a certificate of insurance as to the policies in force. In addition, Orono shall require any independent contractors providing services in Spring Park to procure and maintain insurance with limits of liability not less than those provided herein. 14. Indemnification and Liability. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. For the purposes of determining total liability,the parties shall be considered a single governmental unit pursuant to Minnesota Statutes, Section 471. 59, subd. la, and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, Section 466.04. 15. Data Practices.The parties agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and all other applicable state or federal rules, regulations,or orders pertaining to privacy or confidentiality.The parties understand that all of the data created,collected,received,stored,used,maintained, or disseminated by Orono or Spring Park pursuant to this Agreement is subject to the requirements of Chapter 13, and the parties must comply. 16. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 17. Entire Agreement.It is understood that this Agreement contains the entire Agreement between Orono and Spring Park and that no statement,promise, or inducement made by any party hereto,or officer,agent or employee of either party hereto which is not contained in this written Agreement shall be valid or binding;this Agreement may not be enlarged,modified,or altered except in writing signed by the parties endorsed hereon. It is expressly understood between the parties hereto,and this understanding shall be considered when interpreting the provisions of this Agreement,that upon notice given by any party hereto,good faith 3