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8. INSURANCE. Consultant shall secure and maintain such insurance as will protect <br /> Consultant from claims for bodily injury, death, or property damage which may arise from the performance <br /> of services under this Agreement. Such insurance shall be written for amounts not less than: <br /> Commercial General Liability $1,000,000 each occurrence/aggregate <br /> The City shall be named as an additional insured on the policy on a primary and noncontributory basis. <br /> Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the <br /> required insurance coverage in a form acceptable to City. <br /> 9. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an <br /> independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an <br /> employee of the City and is free to contract with other entities as provided herein. Consultant shall be <br /> responsible for selecting the means and methods of performing the work. Consultant shall furnish any and <br /> all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City <br /> and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any <br /> of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall <br /> be exclusively responsible under this Agreement for Consultant's own FICA payments, workers <br /> compensation payments, unemployment compensation payments, withholding amounts, and/or self- <br /> employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. <br /> 10. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided <br /> under this Agreement without the express written consent of the City. Consultant shall comply with <br /> Minnesota Statutes § 471.425. Consultant must pay subcontractor for all undisputed services provided <br /> by Subcontractor within ten (10) days of Consultant's receipt of payment from City. Consultant must <br /> pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractor on <br /> any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty <br /> payment for an unpaid balance of One Hundred ($100.00) Dollars or more is Ten ($10.00) Dollars. <br /> 11. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, <br /> without the written consent of the other party. <br /> 12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement <br /> shall not affect, in any respect, the validity of the remainder of this Agreement. <br /> 13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This <br /> Agreement supersedes all oral agreements and negotiations between the parties relating to the subject <br /> matter hereof, as well as any previous agreements presently in effect between the parties relating to the <br /> subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this <br /> Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise <br /> provided herein. <br /> 14. CONTROLLING LAW. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of Minnesota. <br /> 198055v1 <br />