2016.08.08 CC Combined - Laserfiche WebLink

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18 483433v3 NE136-8 The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Agreement. 5.11 Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Agreement for a period of three years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Agreement shall be retained for three years after final disposition of such property. 5.12 Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to the Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. 5.13 Inspection of Records and Disclosure All Contractor records with respect to any matters covered by this Agreement shall be made available to the City or its duly authorized agents at any time during normal business hours, as often as the City deems necessary to audit, examine and make excerpts or transcripts of all relevant data. Any reports, information, data, etc. given to, prepared, or assembled by the Contractor shall not be made available by the Contractor to any other person or party without the City’s prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of the City’s Contract with the Contractor. 5.14 Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Any and all employees of the Contractor or other persons engaged in the performance of any work or services required by the Contractor under this Agreement shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including workers’ compensation claims under the Workers’ Compensation Act of the State of