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<br />SECTION 9 <br />IDENTIFICATION OF PERSONNEL <br /> CATERER shall provide appropriate identification of its agents, employees, and representatives <br />during the performance of this Agreement at the MGCC as agreed upon between BOARD and <br />CATERER. CATERER acknowledges and recognizes that it is a fair and equal opportunity employer and <br />that its employees, representative, and agents have had training in sexual harassment, gender sensitivity, <br />and cultural diversity. <br /> The CATERER shall not schedule to the MGCC any person, whether as a substitute or on a <br />temporary basis, who has a criminal conviction, which directly relates to his/her position of employment <br />(assignment) such as theft, any sex offense, assault, possession of stolen property. <br /> The CATERER, prior to the assignment of any person to the MGCC, shall complete a <br />background investigation including a criminal record investigation, regarding each such person. The <br />criminal investigation must be kept current and/or updated for each employee during the duration of this <br />contract and provided upon the request of the MGCC Manager or designee. <br />SECTION 10 <br /> <br /> By executing this Agreement, CATERER certifies that they have reviewed the provisions of the <br />CATERER restates that it is an <br />independent contractor and certifies that CATERER shall <br />Compensation Statute as an independent contractor before commencing the performance of work under <br />this Agreement. <br />SECTION 11 <br />INDEMNITY <br /> In consideration of being allowed to use the MGCC in the manner described herein CATERER <br />hereby voluntarily assumes all risks of accident or damage to its property and to the persons and property <br />of its employees. CATERER agrees to defend, indemnify, holds harmless the City of Maple Grove and <br />the BOARD, and their respective officers, employees, insurers and agents Indemnified <br />Parties, against any and all claims, losses, liabilities, damages, costs and expenses, (including costs of <br />the <br />Indemnified Parties) for claims or damages as a result of bodily injury, including death, at any time <br />resulting there from sustained by any person or persons or on account of damaged property, including <br />lessor, arising out of or as a consequence of performance of the services provided by CATERER pursuant <br />8 <br /> <br /> <br />