Resolutions-2016-081

The District will bill the City for the costs incurred during the most recent regular school year in May or June of each contract year. The City will remit payment, not to exceed $3,500 annually per crossing guard, to the District in full prior to the end of the contract year on June 30. 7. INSURANCE. Each party will carry commercial general liability insurance for protection of each, respectively, from any liability arising out of any accident or other occurrence causing any injury and/or damage to any person or property or arising from the performance or nonperformance of their obligations under this Agreement, due directly or indirectly to the actions or omissions of the insured. Liability policies will have limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. The District will carry worker compensation insurance covering the school crossing guards(s) in the amount required by law. All required insurance will be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party will be furnished with a copy of each policy required under this Agreement upon request. 8. INDEMNIFICATION. To the extent permitted by law, each party agrees to indemnify and hold harmless the other party from and against any and all demands, claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of the indemnifying party's negligent or unlawful actions or omissions under this Agreement. This section will survive termination of this Agreement. 9. COST RECOVERY. In the event that either party institutes legal proceedings against the other party for recovery of any amounts due and owing under this Agreement, it is expressly agreed that the prevailing party in any such action will be entitled to recover from the non-prevailing party all costs related to such collection, including reasonable attorney fees incurred during pre-suit collection attempts, suit, and post judgment, appeal, or settlement collection. This section will survive termination of this Agreement. 10. COMPLIANCE. Each party agrees that it will comply with all federal, state, and local laws and regulations applicable to its performance under this Agreement. The parties acknowledge and agree to cooperate as needed to assure that all required services and responsibilities are provided by the parties. 11. STATUS OF PARTIES. It is expressly understood and agreed by the parties that nothing contained in this Agreement will be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and will remain that of independent parties to a cooperative contractual relationship. In no event will either party be liable for the debts or obligations of the other party. 12. NOTICES. All notices under this Agreement will be deemed given when received, as shown by personal delivery receipt or certified mail receipt. Notices to the District shall be sent to Clear Creek-Amana Community School District, Attn: Superintendent, 327 S. Augusta Ave., Oxford, IA 52322. Notices to the City shall be sent to City of Tiffin, Attn: City Manager, 300 Railroad St., Tiffin, IA 52340. 13. FORUM/LAW. The parties consent to the jurisdiction of the District Court for Johnson County, Iowa for all matters relating to this Agreement and agree that this Agreement will be governed by Iowa law.