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2021_05-25_PWETCpacket
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2021_05-25_PWETCpacket
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5/28/2021 10:05:15 AM
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Public Works Commission
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Agenda/Packet
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5/25/2021
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any claims resulting from the Contractor's unlawful disclosure or use of data protected under <br />state and federal laws. All Proposals shall be treated as non-public information until a Contract is <br />signed by the City and the Contractor. At that time, the Proposals and their contents become <br />public data under the provisions of the Minnesota Government Data Practices Act, Minnesota <br />Statute (Minn. Stat.) C. 13. <br />6.13 Inspection of Records and Disclosure <br />All Contractor records with respect to any matters covered by this Contract shall be made <br />available to the City or its duly authorized agents at any time during normal business hours, as <br />often as the City deems necessary to audit, examine, and make excerpts or transcripts of all <br />relevant data. <br />Any reports, information, data, etc. given to, prepared, or assembled by the Contractor under a <br />future Contract shall not be made available by the Contractor to any other person or parry <br />without the City's prior written approval. All finished or unfinished documents, data, studies, <br />surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall <br />become the property of the City upon termination of the City's Contract with the Contractor. <br />6.14 Independent Contractor <br />Nothing contained in this Contract is intended to, or shall be construed in any manner, as <br />creating or establishing the relationship of employer/employee between the parties. The <br />Contractor shall at all times remain an independent Contractor with respect to the services to be <br />performed under this Contract. Any and all employees of the Contractor or other persons <br />engaged in the performance of any work or services required by Contractor under this Contract <br />shall be considered employees or subcontractors of the Contractor only and not of the City; and <br />any and all claims that might arise, including Workers' Compensation claims under the Workers' <br />Compensation Act of the State of Minnesota or any other state, on behalf of said employees or <br />other persons while so engaged in any of the work or services provided to be rendered herein, <br />shall be the sole obligation and responsibility of Contractor. <br />6.15 Transfer of Interest <br />The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in <br />the Contract, either by assignment or novation, without the prior written approval of the City. <br />The Contractor shall not subcontract any services under this Contract without prior written <br />approval of the City. Failure to obtain such written approval by the City prior to any such <br />assignment or subcontract shall be grounds for immediate Contract termination for cause. <br />6.16 Non -Assignability and Bankruptcy <br />The parties hereby agree that Contractor shall have no right to assign or transfer its rights and <br />obligations under said Contract without prior written approval from the City. In the event <br />Contractor, its successors, or assigns files for Bankruptcy as provided by federal law, this <br />Contract shall be immediately deemed null and void, relieving all parties of their Contract rights <br />and obligations. <br />RFP for City of Roseville Recycling Services . A-30 <br />
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