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~. ~TANDA~7
<br />The District shall comply with all applicable Federal and State statutes and regulations as well as local ordinances
<br />now in effect or hereafter adopted, Failure to meet the requirements of the above maybe cause for cancellation of
<br />this contract effective the date of receipt of the Notice of Ca~acellatian,
<br />~. DATA P~VAC~
<br />All data collected, created, received, maintained, or disseminated, or used for azay purpose in the course of the
<br />District's perforn~ance of the Agreement is gove~~.ed by the Mi~u~esota Gove~ament Data Practices Act, Minnesota
<br />1984, Section 13,01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as
<br />well as state statutes and. federal regulations on data privacy. The District agrees to abide by these statutes, rules and
<br />regulations and as they may be amended,
<br />~, AUDITS, R,EP®RTS AND ~N~T~NG P~C~~'DUT~S
<br />r
<br />The District will;
<br />1. Maintain records that reflect all revenues, co~~~ ~~~cu~~ed and services provided in the perfo~~.nance of tlae
<br />Agreement,
<br />2, Agree that tl~e County, the State Auditor, or ie~lative ~~~l~~rity, or any of their duly authorized
<br />representatives at any time during normal business .~,~~r~ ~~ as often as they may deem reasonably
<br />necessary, shall have access to tlae rights to examine au~:~~~ ~~cerpt, and transcribe any books, documents,
<br />papers, records, etc,, and accounting procedures and prac~i~.~:~ of the District which are relevant to the
<br />contract.
<br />INDEII~NITY `~
<br />The District and the City t~~~~~ly agree, ~~; the fullest extent permitted by law, to indemnify and hold each other
<br />harmless for any and all dama~/~~~ liability ~~~' COst ~111c~1iC~lllg reasonable attorlleyS' fees and costs of defense} arising
<br />from their own negligent acts, err~~~~ or ~~~~~.~~s in the perforta~ance of their services under this Agreement, to the
<br />extent each party is responsible for ~~:i~ ~~~n~.~~~~ end losses on a comparative basis of fault. Parties agree to
<br />provide proof of contractual liability i ~~r~~ace upon ~ ~.~~~ ~ t, This paragraph does not diminish, with respect to any
<br />third party, any defense, immunity or liabi~~~~r limit that il~~ ~~stt•ict or the City may enjoy under law,
<br />L. ~NND~PENDENT C~NTI~CT~It
<br />It is agreed that nothing herein contained is intended or should be construed in any manner as creating or
<br />establishing the relationship of co-partners between the patties hereto or as constituting the District as the agent,
<br />representative, o~• employee of City for any purpose o~• in any manlier whatsoever, The District is to be and shall
<br />remain an independent contractor with respect to all services performed under this Agreement.
<br />The District represents that it has, or will secure at its own expense, all personnel required in performing se~•vices
<br />under this Agreement, Any and all personnel of the District or other person, while engaged in the performance of
<br />any work or services required by the District under this Agreement, shall have no contractual relationship with the
<br />City and shall not be considered employees of the City,
<br />l~, ~DIF~CATI~NS
<br />Any material alteration or variation shall be reduced to writing as an amendment and signed by floe pasties. Any
<br />alteration, modification, or variation deemed not to be material by written agreement of the District and the City
<br />shall not require written approval.
<br />20l Q Elk RiverISWCD Ret~•o~it Analysis Ag~~eeme~at Page 2
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