4.8 SR 10-05-2020 - Laserfiche WebLink

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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. 23. WHOLE AGREEMENT. This Agreement embodies the entire agreement between parties including all prior understanding and agreements, and may not be modified except in writing, signed by all parties. 24. STATUTORY COMPLIANCE. Minnesota Statutes Chapter 168B is incorporated herein by reference. To the extent anything in this Agreement conflicts with any current or future statutory requirements, this Agreement shall be deemed amended to be in conformity with the statutory requirements. CITY OF ELK RIVER COLLINS BROTHERS TOWING INC. M. Date: John J. Dietz, Mayor BY: _ Name: Title: Tina Allard, City Clerk Date: E