4.10. SR 09-19-2016 - Laserfiche WebLink

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The insurance company shall deliver to the City insurance certificates of all required coverages on a form acceptable to the City, signed by an authorized representative of the insurer. The City shall be named as an additional insured on the Commercial general liability policy on a primary and noncontributory basis. 16. NON-DISCRIMINATION. The Contractor agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 17. SUBCONTRACTORS. The Contractor shall not subcontract all or any portion of this Agreement without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by all terms of this Agreement. 18. TERM. This Agreement shall commence when it has been signed by both parties and shall be for a term of three (3) years. The City may terminate this Agreement upon thirty (30) days written notice to Contractor if the Contractor breaches this Agreement and the breach is not cured by the Contractor within thirty day of receipt of the notice of the breach. 19. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. COMPLIANCE WITH LAWS. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement. 21. DATA PRIVACY. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to: (1) all data provided by the City pursuant to this Agreement, and (2) all data created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act including, but not limited to, the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 22. NON-ASSIGNABILITY. The Contractor may not assign its interest in this Agreement or subcontract with third parties. 188898VI 4