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discrimination clause and stating that all qualified applicants will receive consideration for
<br />employment. The Contractor shall incorporate the foregoing requirements in all of its subcontracts
<br />for Work done under this Agreement and will require all of its subcontractors performing such
<br />Work to incorporate such requirements in all subcontracts for the performance of the Work. The
<br />Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act,
<br />Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans
<br />with Disabilities Act.
<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 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 />
<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 for all employees performing Work under this
<br />agreement in accordance with Minnesota law The Contractor shall also provide
<br />Employer’s Liability Insurance with minimum limits as follows:
<br />
<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, Section 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.
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