2021.09.28 CC Packet - Laserfiche WebLink

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Metropolitan Council No. 20I008 The City will then pay the Council the amount owed within 30 days of receiving the invoice. If the City has already paid more than the updated cost participation breakdown, the Council will refund the City's excess amount without interest. VIII. Warranties andMaintenance 1. The City Project bonds and warranties will be issued in the name of the Council. Once construction of the City Project is complete and the City accepts the City Project, the City Project will be under the full control of the City and all bonds,warranties and guarantees provided by the sureties, construction contractors and subcontractors for the City Project are the property of City. If a surety prohibits assignment, then the Council will require the contractor to ensure that the affected bond or warranty applies both to the Council and the City. 2. After acceptance of the City Project by the City the City is responsible for operation and maintenance of the City Project. IX. Liability 1. The parties understand and agree that the financial liability of the Metropolitan Council, which is a government entity, is limited to the statutory cap as set forth in Minn. Stat. Ch. 466. This financial cap pertains to all financial liability of the Metropolitan Council in connection with this agreement, whether such claim of financial liability arises out of tort, indemnity, contract enforcement, attorney fees or expenses. Nothing in this Agreement will be construed to waive the municipal immunities or liability limits provided to the Metropolitan Council whether contained in the Minnesota Municipal Tort Claims Act or other applicable state or federal law and statutes. 2. The City and Council each warrant that they have an insurance or self-insurance program with minimum coverage consistent with the liability limits in Minnesota Statutes,Chapter 466. Nothing in this Agreement is a waiver or limitation of any immunity or limitation of liability by the City or Council. 3. The Council will ensure that the Combined Project construction contract includes clauses that: a. require the Combined Project contractor to defend, indemnify, and hold harmless the City, its officers, agents and employees from claims, suits, demands, damages,judgments, costs, interest, expenses (including reasonable attorney's fees, witness fees and disbursements) arising out of or by reason of the negligent acts or omissions of the Contractor,its officers,employees,agents or subcontractors; Page 7 of 14