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Minnesota Statutes § 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans
<br />with Disabilities Act.
<br />
<br />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.
<br />
<br />13. Indemnification. The Contractor agrees to indemnify and hold the City, and its mayor,
<br />councilmembers, officers, agents, employees, and representatives, harmless from and against all
<br />liability, claims, damages, costs, judgments, losses and expenses, including, but not limited to,
<br />reasonable attorney’s fees, arising out of or resulting from any negligent or wrongful act or
<br />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. Contractor will reimburse the City and its mayor,
<br />councilmembers, officers, agents, employees, and representatives for actual reasonable defenses
<br />costs based on the percentage of Contractor's liability.
<br />14. Insurance. Prior to starting the Work and during the full term of this Agreement, the
<br />Contractor shall procure and maintain, at Contractor's expense, as follows:
<br />
<br />a. Workers’ Compensation insurance: The Contractor is required to provide Workers’
<br />Compensation insurance for all employees performing Work under this agreement,
<br />in accordance with Minnesota law. The Contractor shall also provide Employer’s
<br />Liability Insurance with minimum limits as follows:
<br /> $500,000 – Bodily Injury by Disease per employee
<br /> $500,000 – Bodily Injury by Disease aggregate
<br /> $500,000 – Bodily Injury by Accident
<br />
<br />If Minnesota Statutes § 176.041 exempts the Contractor from Workers’
<br />Compensation insurance, the Contractor must provide a written statement, signed
<br />by an authorized representative, indicating the qualifying exemption that excludes
<br />the Contractor from the Minnesota Workers’ Compensation requirements.
<br />
<br />b. Professional/Technical (Errors and Omissions) Liability Insurance: For contractors
<br />providing professional services as determined by the City, the Contractor is
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