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c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other <br />party, its officials, agents, and employees, from any liability, loss, or damage they may suffer as a <br />result of demands, claims, judgments, or costs arising out of or caused by the indemnifying <br />party's performance of their respective obligations under the provisions of this Agreement. This <br />provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions <br />to liability set by law. <br />d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the <br />other party, any amounts in excess of the limits on liability established in Minnesota Statutes <br />Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the <br />parties may not be added together or stacked to increase the maximum amount of liability for any <br />pay. <br />e. All data collected, created, received, maintained, or disseminated for any purpose in the course of <br />this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. <br />13, or any other applicable State statute, any State rules adopted to implement the Act and <br />statutes, as well as federal statutes and regulations on data privacy. The Municipality agrees to <br />abide by these statutes, rules, and regulations. <br />f All books, records, documents, and accounting procedures and practices of the Municipality and <br />its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the County <br />and the State Auditor, as appropriate, in accordance with the provisions of Minnesota Statutes <br />§16C.05, Subd. 5. <br />g. <br />The Municipality shall make all reasonable efforts to ensure that their employees, officials and <br />subcontractors do not engage in violence while performing under this agreement. Violence, as <br />defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace <br />Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any <br />action involving the use of physical force, harassment, intimidation, disrespect, or misuse of <br />power and authority, where the impact is to cause pain, fear or injury. <br />h. The Municipality will be required to pay interest of 11/2 percent per month or any part of a month <br />to any subcontractor on any undisputed amount not paid on time to the subcontractor. The <br />minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. <br />For an unpaid balance of less than $100.00, the Municipality shall pay the actual penalty due to <br />the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from <br />the Municipality must be awarded its costs and disbursements, including attorney's fees, incurred <br />in bringing the action. <br />i. All equipment purchased using funds provided in this Agreement shall remain the property of the <br />Municipality. <br />j• <br />Any amendments to this Agreement shall be in writing and signed by both parties. <br />6. WASTE REDUCTION <br />The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local <br />government facilities. The Municipality and its (sub)contraetor(s) shall participate in a recycling <br />program for at least four broad types of recyclable materials and shall favor the purchase of recycled <br />2012 SCORE Agreement for Non -JPA cities <br />