2021.09.28 CC Packet - Laserfiche WebLink

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Metropolitan Council No. 20I008 b. require the Combined Project contractor to provide and maintain insurance and name the City as additional insured; and c. require the Combined Project contractor to be an independent contractor for the purposes of completing the work on the City Project. X. General Provisions 1. All records kept by the City and Council with respect to the Council Project are subject to examination by representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the City and Council under this Agreement are governed by Minnesota Statutes, Chapter 13("Act"), and the Minnesota Rules implementing the Act. 2. The City agrees to comply with all laws applicable to the City relating to nondiscrimination, affirmative action, public purchases, contracting, employment, workers' compensation,and surety deposits required for construction contracts. Minnesota Statutes, Section 181.59 and any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of the City is considered a part of this Agreement. 3. The employees of the parties, and all other persons engaged by each party will not be considered employees of the other party. Each party is solely responsible for all claims arising from its employees including claims under the Worker's Compensation Act, the Minnesota Economic Security Law and all third party claim resulting from an act or omission of an employee. 4. If hazardous wastes, pollutants or contaminants as those terms are defined in law exist on the Combined Project site, the City is responsible for any response or remedial action, monitoring or reporting under the law. The City will apply for and have the Council named as a beneficiary in any no association letters, no action or no further action letters and other environmental regulatory assurances for the site. The City will give the Council copies of any Phase I and Phase II environmental investigations, approved Response Action Plans, and environmental assurance letters naming the Council as a beneficiary. Nothing in this paragraph requires that the City accept responsibility for any environmental conditions that are not the City's legal responsibility. This paragraph survives the termination of this Agreement. 5. The City's authorized representative will manage this Agreement for the City and act as a liaison between the City and Council. 6. The Council's Assistant General Manager of Technical Services in Environmental Services will manage this Agreement for the Council and act as a liaison between the Council and the City. 7. This Agreement is the entire agreement between the parties and supersedes all oral agreements and negotiations between the parties relating to this Agreement. All exhibits and Page 8 of 14