06-09-14 Council Packet - Laserfiche WebLink

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3. COMPLIANCE WITH LAWS/STANDARDS 3.1 General. Consultant shall abide by all federal, state and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Contract. 3.2 Minnesota Law to Govern. This Contract shall be governed and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 4. INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between City and Consultant. Consultant shall at all times be free to exercise initiative, judgment, and discretion as to how to best perform or provide services. Consultant acknowledges and agrees that Consultant is not entitled to receive any of the benefits received by City employees and is not eligible for workers' or unemployment compensation benefits. Consultant also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, or otherwise, will be made from the payments due Consultant and that it is Consultant's sole obligation to comply with the applicable provisions of all federal and state tax laws. 5. INDEMNIFICATION Any and all claims that arise or may arise on behalf of the Consultant as a consequence of any act or omission on the part of Consultant while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims, and actions, including attorneys' fees, which the City, its officers or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any negligent or willful act or omission of Consultant in the execution, performance, or failure to adequately perform Consultant's obligations pursuant to this Contract. 6. INSURANCE 6.1 General Terms. In order to protect the Consultant and the City under the indemnity provisions set forth above, Consultant shall, at Consultant's expense, procure and maintain policies of insurance covering the term of this Contract. 2