2003-03-12 CC Packet - Laserfiche WebLink

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f. 5.1 General. The Contractor shall abide by all federal, state and local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Contract. 5.2 Licenses. The Contractor shall procure, at hislher own expense, all licenses, permits, or other certifications required for the provision of services contemplated by this Contract. The Contractor shall inform the City of any changes in the above-stated laws, standards, requirements, rules, etc., within five (5) days of occurrence. 5.3 Minnesota Law to Govern. This Contract shall be governed and construed in accordance with the substantive and proceduraIlaws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 6. INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and nothing herein contained shall be construed as to create the relationship of employer and employee between the City and the Contractor. The Contractor shall at all times be free to exercise initiative, judgment, and discretion as to how to best perform or provide services. The Contractor acknowledges and agrees that the Contractor is not entitled to.receive any of the benefits received by City employees and is not eligible for worker's or unemployment compensation benefits. The Contractor also aclmowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUT A, or otherwise, will be made from the payments due the Contractor and that it is the Contractor's sole obligation to comply wit the applicable provisions of all Federal and State tax laws. 7. INDEMNIFICATION. Any and all claims that arise or may arise on behalf of the Contractor, hislher agents or hislher employees as a consequence of any act or omission on the part of the Contractor, hislher agents, or hislher employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorneys' fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or wil1fu1 act or adequately perform the Contractor's obligations pursuant to this Contract. 8. INSURANCE. .8.1 Professional Liability Insurance. The Contractor must provide professional liability insurance with limits of at least $500,000 per occurrence, $1,000;000 aggregate for each person performing inspections under this contract and with the City as an additional insured. The Contractor shall provide extended reporting coverage for a claims-made policy. 3