1A, Residential Curbside Recycling - Contract Discussion

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As of 01107/08 42. Dispute resolution and arbitration procedures The parties agree that any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled, at the option of the Contractor by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. 43. General compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. The Contractor pays its employees a prevailing wage based on the recycling industry in the state of Minnesota and Hennepin County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. All of our employees, permanent and temporary, receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor provides health insurance for all fulltime employees and a pro rata share for employees working more than 20 hours but less than 40 hours a week. 44. Independent contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 45. Hold harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 46. Accounting standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 18