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11. Data Practices Act Compliance. Contractor acknowledges that all data provided,
<br />produced, or obtained under this Agreement shall be protected, maintained, and administered in
<br />accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13
<br />(the “Act”), and that with regard to such data Contractor must comply with the Act as if it were a
<br />government entity. Contractor will immediately report to the City any requests from third Parties
<br />for information relating to this Agreement.
<br />12. Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, Contractor’s books, records,
<br />documents, and accounting procedures and practices relevant to this Agreement, including books
<br />and records of any approved subcontractors, are subject to examination by the City and/or the State
<br />Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the termination of
<br />this Agreement.
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<br />13. Indemnification. The Contractor agrees to defend, indemnify and hold the City, and its
<br />mayor, councilmembers, officers, agents, employees, and representatives harmless from and
<br />against all liability, claims, damages, costs, judgments, losses and expenses, including but not
<br />limited to reasonable attorney’s fees, arising out of or resulting from any negligent or wrongful act
<br />or omission of the Contractor, its officers, agents, employees, contractors and/or subcontractors,
<br />pertaining to the performance or failure to perform the Work. Nothing herein shall be construed as
<br />a limitation on or waiver of any immunities or limitations on liability available to the City under
<br />Minnesota Statutes, Chapter 466, or other law.
<br />14. Insurance. Prior to starting the Work and during the full term of this Agreement, the
<br />Contractor shall procure and maintain insurance Contractor shall obtain, at Contractor's expense,
<br />as follows:
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<br />a. Workers Compensation insurance in accordance with Minnesota law;
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<br />b. Professional Liability Insurance covering any damages caused by an error,
<br />omission or any negligent act. AND/OR General Liability Coverage against claims
<br />for bodily injury, death, or property damage arising out of Contractor’s
<br />performance of duties under this Agreement;
<br />c. Automobile insurance for owned, hired and non-ownedvehicles;
<br />d. Coverage shall be sufficiently broad to cover to all duties and obligations
<br />undertaken by Contractor in this Agreement including duties related to
<br />indemnification;
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<br />e. Insurance must be on an “occurrence” basis, and, other than Workers
<br />Compensation, the limits of such policies must be no less than $1,000,000 per
<br />occurrence and $1,500,000 aggregate.
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