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nondiscrimination.
<br />b. The Municipality shall at all times be an independent contractor and shall not be the employee
<br />of the County for any purpose. The County shall not be responsible for the payment of any
<br />taxes, either federal or state, on behalf of the Municipality, nor shall the County be responsible
<br />for any fringe benefits. No Civil Service or other rights of employment will be acquired by virtue
<br />of Municipality's services.
<br />c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other
<br />party, its officials, agents, and employees, from any liability, loss, or damage they may suffer
<br />as a result of demands, claims, judgments, or costs arising out of or caused by the
<br />indemnifying party's performance of their respective obligations under the provisions of this
<br />Agreement. This provision shall not be construed nor operate as a waiver of any applicable
<br />limits of or exceptions to liability set by law.
<br />d. All data collected, created, received, maintained, or disseminated for any purpose in the course
<br />of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat.
<br />Ch. 13, or any other applicable State statute, any State rules adopted to implement the Act and
<br />statutes, as well as federal statutes and regulations on data privacy. The Municipality agrees to
<br />abide by these statutes, rules, and regulations.
<br />e. All books, records, documents, and accounting procedures and practices of the Municipality
<br />and its (sub]COntrdGtO�{Sj, if any, relative to this Agreement are subject to examination by the
<br />County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota
<br />Statutes §�GG.05� Subd. 5.
<br />f. The Municipality shall obtain and keep in force throughout the term of this agreement a Crime
<br />and Fidelity Bond, including Faithful Performance coverage, in the minimum amount of
<br />$69,405.
<br />9. The Municipality shall make all reasonable efforts to ensure that their employees, officials and
<br />subcontractors do not engage in violence while performing under this agreement. Violence, as
<br />defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace
<br />Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any
<br />action involving the use of physical force, harassment, intimidation, disrespect, or misuse of
<br />power and authority, where the impact is to cause pain, fear or injury.
<br />The Municipality will be required to pay interest of j'/z percent per month or any part of a month
<br />to any subcontractor on any undisputed amount not paid on time to the subcontractor. The
<br />minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is
<br />$10.00. For an unpaid balance of less than $100.00, the Municipality shall pay the actual
<br />penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
<br />interest penalties from the Municipality must be awarded its costs and disbursements, including
<br />attorney's fees, incurred in bringing the action.
<br />i. All equipment purchased using funds provided in this Agreement shall remain the property of
<br />the Municipality.
<br />j. Any amendments to this Agreement shall be in writing and signed by both parties.
<br />6, RECYCLING MARKETS SUPPORT FUND
<br />During 2001, the County will reserve for the Municipality a portion of the County Recycling Markets
<br />Support Fund for the Municipality. This portion will be the proportion of the Municipality's
<br />pclpu)2tiUl� residing in Ramsey County to the entire Ramsey County population, �CCOrding� to 7���I
<br />Metropolitan Council population figures, multiplied by $250,000. To gain access to these funds, the
<br />Municipality must first apply to the County, in accordance with the County's guidelines in place at
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