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5. GENERAL CONDITIONS <br />a. All services and duties performed by the City pursuant to <br />this Agreement shall be performed to the satisfaction of the <br />County and in accordance with all applicable federal, state, <br />and local laws, ordinances, rules and regulations as a <br />condition of payment. The City agrees that it will comply <br />with all federal, state, and local statutes and ordinances <br />relating to nondiscrimination. <br />b. The City shall at all times be an independent contractor and <br />shall not be the employee of the County for any purpose. The <br />County shall not be responsible for the payment of any taxes, <br />either federal or state, on behalf of the City, nor shall the <br />County be responsible for any fringe benefits. No Civil <br />Service or other rights of employment will be acquired by <br />virtue of City's services. <br />c. The City and County mutually agree to defend, hold harmless, <br />and indemnify the other party, its officials, agents, and <br />employees, from any liability, loss or damage they may suffer <br />as a result of demands, claims, judgments, or costs arising <br />out of or caused by the indemnifying party's negligence in <br />the performance of their respective obligations under the <br />provisions of this Agreement. This provision shall not be <br />construed nor operate as a waiver of any applicable limits of <br />or exceptions to liability set by law. <br />d. All data collected, created, received, maintained or <br />disseminated for any purpose in the course of this Agreement <br />is governed by the Minnesota Governmental Data Practices Act, <br />Minn. Stat. Ch. 13 (1984), any other applicable state <br />statute, or any state rules adopted to implement the act, as <br />well as federal regulations on data privacy. The City agrees <br />to abide by these statutes, rules and regulations. <br />e.` All books, records, documents and accounting procedures and <br />practices of the City relative to this Agreement are subject <br />to examination by the County and the State Auditor, as <br />appropriate, in accordance with the provisions of Minn. Stat. <br />16B.06, Subd. 4 (1984). <br />f. Any amendments to this Agreement shall be in writing and <br />signed by both parties. <br />4 <br />Page 4 <br />