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Attachment 3
<br />92 Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans
<br />93 with Disabilities Act.
<br />94
<br />95 11. Data Practices Act Compliance. Contractor acknowledges that all data provided,
<br />96 produced, or obtained under this Agreement shall be protected, maintained, and administered in
<br />97 accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13
<br />98 (the “Act”), and that with regard to such data Contractor must comply with the Act as if it were a
<br />99 government entity. Contractor will immediately report to the City any requests from third Parties
<br />100 for information relating to this Agreement.
<br />101
<br />102 12. Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, Contractor’s books, records,
<br />103 documents, and accounting procedures and practices relevant to this Agreement, including books
<br />104 and records of any approved subcontractors, are subject to examination by the City and/or the State
<br />105 Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the termination of
<br />106 this Agreement.
<br />107
<br />108 13. Indemnification. The Contractor agrees to defend, indemnify and hold the City, and its
<br />109 mayor, councilmembers, officers, agents, employees, and representatives harmless from and
<br />110 against all liability, claims, damages, costs, judgments, losses and expenses, including but not
<br />111 limited to reasonable attorney’s fees, arising out of or resulting from any negligent or wrongful act
<br />112 or omission of the Contractor, its officers, agents, employees, contractors and/or subcontractors,
<br />113 pertaining to the performance or failure to perform the Work. Nothing herein shall be construed as
<br />114 a limitation on or waiver of any immunities or limitations on liability available to the City under
<br />115 Minnesota Statutes, Chapter 466, or other law.
<br />116
<br />117 The City agrees to defend, indemnify and hold the Contractor andits shareholders, officers,
<br />118 employees,agents, successors and assigns harmless from and against all liability, claims,
<br />119 damages,costs, judgments, losses and expenses, including but not limitedto reasonable
<br />120 attorney’s fees, arising out of or resulting from any negligent or wrongful act or omission of the
<br />121 City,itsofficers,agents, employees, contractors and/or subcontractors, pertaining to the
<br />122 performance or failure toperformits duties, activities or obligations in connection with this
<br />123 Agreement.
<br />124
<br />125 14. Insurance. Prior to starting the Work and during the full term of this Agreement, the
<br />126 Contractor shall procure and maintain insurance Contractor shall obtain, at Contractor's expense,
<br />127 as follows:
<br />128
<br />129 a. Workers Compensation insurance in accordance with Minnesota law;
<br />130
<br />131 b. Professional Liability Insurance covering any damages caused by an error,
<br />132 omission or any negligent act;
<br />133
<br />134 c. Coverage shall be sufficiently broad to cover to all duties and obligations
<br />135 undertaken by Contractor in this Agreement including duties related to
<br />136 indemnification;
<br />137
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