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12-21-15-WS
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12-21-15-WS
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Page 19 of 21 <br /> <br />the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation <br />leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and <br />PERA. <br />3. HUMAN RIGHTS. Consultant shall comply with all applicable laws and regulations including the <br />Minnesota State Human Rights Act, Minnesota Statutes, Section 363 and Federal, state and local <br />affirmative actions and equal employment opportunity principles. <br />4. COMPREHENSIVE GENERAL LIABILITY INSURANCE. During the term of Agreement, Consultant <br />shall maintain general liability insurance in accordance with Minnesota Statutes Section 466.04, <br />which states, bodily injury in the amount of at least $500,000 per individual and $1,500,000 for <br />injuries or death arising out of each occurrence. <br />5. PROPERTY DAMAGE LIABILITY INSURANCE. During the term of this agreement, Consultant shall <br />maintain property damage liability insurance in the amount of at least $500,000 for each <br />occurrence. <br />6. ADDITIONAL INSURED. Consultant further agrees to name the City as additional insured in said <br />insurance policies and to provide a certificate of said insurance to the City prior to commencing <br />work on the Project. <br />7. WORKER’S COMPENSATION. The Consultant shall carry Workers' Compensation Insurance as <br />required by Minnesota Statutes, Section 176.181, Subd. 2. Consultant agrees to provide the City <br />with a certificate of said insurance. <br />8. PROFESSIONAL LIABILITY INSURANCE. The Consultant agrees to maintain professional liability <br />insurance in the amount of $1,500,000 during the term of this Agreement. <br />9. NOTIFICATION/CANCELLATION. The Consultant agrees to notify the City twenty (20) days prior <br />to cancellation or a change in any of the insurance policies. <br />10. WORK PRODUCT. Consultant agrees that the City will own and have the right to use, reproduce <br />and apply as it desires, any data, reports, analyses and materials which are collected or <br />developed by Consultant or anyone acting on behalf of Consultant as a result of this Agreement. <br />11. PAYMENT. Payment or reimbursement shall be made based on actual hours worked or <br />expenses incurred by the Consultant and any subcontractors. Billing that exceeds the not-to- <br />exceed amount will not be compensated unless a contract extension has been approved in <br />advance by the City Council. Project summaries shall be submitted with each invoice during the <br />course of the project. Each summary shall detail the amount billed to date, work items that <br />need to be completed, the estimated cost to complete these task and the projected timeline for <br />the completion of the project. Invoices submitted to the City shall include a detailed breakdown <br />of times, personnel, mileage, etc., chargeable for that period. <br />12. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Consultant <br />and the City and supersedes and cancels any and all prior agreements or proposals, written or <br />oral, between the parties relating to the subject matter hereof; and amendments, addenda, <br />alterations, or modifications to the terms and conditions of this Agreement shall be in writing <br />and signed by both parties. <br />13. ADA. The Consultant agrees to comply with the Americans With Disabilities Act (ADA), Section <br />504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the <br />admission or access to, or treatment of employment in its services, programs, or activities. The <br />Consultant agrees to hold harmless and indemnify the City from costs, including but not limited
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