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10-28-2019 Council Packet
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10-28-2019 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
10/28/2019
Council Meeting Type
Regular
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<br /> 25 <br />applicable, Facility, to comply with all of the provisions and restrictions contained in the <br />Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes <br />that exists as of the date of this Agreement and as such may subsequently be amended, modified <br />or replaced from time to time. <br /> <br />Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in <br />discriminatory employment practices regarding the Project, or operation or management of the <br />Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply <br />with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that <br />exist as of the date of this Agreement and as such may subsequently be amended, modified or <br />replaced from time to time. <br /> <br />Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of <br />the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 <br />and 176.182, as they may be amended, modified or replaced from time to time, with respect to <br />the Project and the operation or management of the Real Property and, if applicable, Facility. <br /> <br />Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the Council and the <br />Commissioner of MMB all claims it may have for overcharges as to goods or services provided <br />with respect to the Project, and operation or management of the Real Property and, if applicable, <br />Facility that arise under the antitrust laws of the State of Minnesota or of the United States of <br />America. <br /> <br />Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY <br />OMITTED FROM THIS AGREEMENT. <br /> <br /> <br />Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the <br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those <br />provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, <br />modified or replaced from time to time with respect to the Project and the operation of the State <br />Program on or in the Real Property and, if applicable, Facility. By agreeing t o this provision, the <br />Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or <br />the operation of the State Program on or in the Real Property and, if applicable, Facility. <br /> <br />Section 7.12 Liability. The Public Entity and the Council agree that they will, subject to <br />any indemnifications provided herein, be responsible for their own acts and the results thereof to <br />the extent authorized by law, and they shall not be responsible for the acts of the other party and <br />the results thereof. The liability of the Council and the Commissioner of MMB is governed by <br />the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from <br />time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the <br />Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be <br />amended, modified or replaced from time to time, then the liability of the Public Entity, <br />including but not limited to the indemnification provided under Section 7.13, is governed by the <br />provisions contained in such Chapter 466. <br />
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