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Attachment 1
<br />10. 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.
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<br />11. 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 />12. Indemnification.
<br />
<br />a. The Contractor agrees to defend, indemnify and hold the City, and its mayor,
<br />councilmembers, officers, agents, employees, and representatives harmless from
<br />and against all liability, claims, damages, costs, judgments, losses and expenses,
<br />including but not limited to reasonable attorney’s fees, arising out of or resulting
<br />from any negligent or wrongful act or omission of the Contractor, its officers,
<br />agents, employees, contractors and/or subcontractors, pertaining to the
<br />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
<br />the City under Minnesota Statutes, Chapter 466, or other law.
<br />b. The Client agrees to defend, indemnify and hold harmless Consultant, its
<br />employees, directors, shareholders or agents from and against any expense, cost,
<br />damage, loss, fine, penalty, judgment or liability, including reasonable attorneys'
<br />fees, suffered or incurred by Consultant which arises from or is in connection with
<br />(1) any breach by Client of its obligations arising under this Agreement, or (2)
<br />any claim, suit, action or similar proceeding alleging personal injury or property
<br />damage to any person to the extent resulting from the negligent acts,
<br />negligent omissions or willful misconduct of Client or its Personnel while
<br />performing Services
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<br />13. 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:
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<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:
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<br /> $500,000 – Bodily Injury by Disease per employee
<br /> $500,000 – Bodily Injury by Disease aggregate
<br /> $500,000 – Bodily Injury by Accident
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