1A.2, TCAAP Request for Proposals for Master Plan AUAR

Home Browse Search

Attachment A Contract and Insurance Requirements A. Statement of Non-Collusion The following statements shall be made a part of the Consultant proposal: • I affirm that I am the Consultant, a partner of the Consultant firm, or an officer or employee of the Consulting corporation with authority to sign on its behalf. • I also affirm that the attached has been complied independently and without collusion, or agreement, or understanding with any other vendor designed to limit competition. • I hereby affirm that the contents of this proposal have not been communicated by the Consultant or its agents to any persons not an employee or agent of the City of Arden Hills or Ramsey County. B. Contract Clauses The following clauses will be included in any contract between the City of Arden Hills and a Consultant that has been chosen to provide services described herein and in the Consultant's proposal: 1. INDEMNIFICATION. Consultant (or any member of the Consultant Team) shall defend, indemnify and hold harmless the City of Arden Hills, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's(including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting there from and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant including its officials, agents,volunteers or employees. 2. INDEPENDENT CONTACTOR. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent Consultant with respect to all services performed under this Agreement. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Consultant or other persons, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, Consultants or employees shall in no way be the responsibility of the City; and the Consultant shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Page 17 of 20