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ATTACHMENT 1
<br />12. Data Practices Act Compliance. Contractor acknowledges that all data created, collected,
<br />received, stored, used, maintained, or disseminated in the performance of this Agreement is subject
<br />to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
<br />13 (the “Act”), and that, with regard to such data, Contractor must comply with the Act as if it
<br />were a government entity. Contractor will immediately report to the City any requests from third
<br />Parties for information relating to this Agreement. These obligations survive termination of this
<br />Agreement.
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<br />13. Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, Contractor agrees that the books,
<br />records, documents, and accounting procedures and practices relevant to this Agreement, including
<br />books and records of any approved subcontractors, are subject to examination by the City and/or
<br />the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the
<br />termination of this Agreement. These obligations survive termination of this Agreement.
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<br />14. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s
<br />successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its
<br />officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of
<br />actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and
<br />expenses of defending the same, including but not limited to attorneys’ fees, professional services,
<br />and other technical, administrative or professional assistance resulting from or arising out of
<br />Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or
<br />employees) performance of the duties required by or arising from this Agreement, or caused in
<br />whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure
<br />to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall
<br />constitute a waiver or limitation of any immunity or limitation on liability to which the Cityis
<br />entitled. These obligations survive termination of this Agreement.
<br />15. 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 as required by Minn. Stat. § 176.181.
<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.
<br />b. Professional/Technical (Errors and Omissions) Liability Insurance in an amount
<br />not less than
<br />• $1,000,000 – per occurrence
<br />• $2,000,000 – annual aggregate
<br />The retroactive or prior acts date of such coverage shall not be after the effective
<br />date of the contract and the Contractor shall maintain such insurance for a period
<br />of at least two (2) years, following completion of the work. If such insurance is
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