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City's offices to work-related meetings and/or functions. Contractor shall be <br /> compensated for work performed for the City every other week after reasonable <br /> documentation and verification of the hours worked by Contractor's employee under the <br /> terms of this Agreement. <br /> 4. INDEPENDENT CONTRACTOR. Contractor shall be deemed an independent <br /> contractor and not an employee of the City. The manner in which the services are <br /> performed shall be controlled by the Contractor; however, the nature of the services and <br /> the results to be achieved shall be specified by the City. The Contractor is not to be <br /> deemed an employee or agent of the City and has no authority to make any binding <br /> commitments or obligations on behalf of the City except to the extent expressly provided <br /> herein. All services performed by the Contractor pursuant to this Agreement shall be <br /> provided as an independent contractor and not as an employee of the City for any <br /> purpose, including but not limited to: income tax withholding, workers' compensation, <br /> retirement opportunities, unemployment compensation, FICA taxes, liability for torts and <br /> eligibility for employee benefits. Accordingly, Contractor shall be free to perform similar <br /> services for other entities provided that the performance of such services does not <br /> interfere with the performance of services pursuant to this Agreement. <br /> 5. SERVICE PROVIDER ASSIGNMENT. Services provided to the City under this <br /> Agreement shall be performed exclusively by the Contractor. This Agreement, being <br /> intended to secure the personal services of the individual employed by and through <br /> whom Contractor performs work hereunder, shall not be assigned, sublet or transferred <br /> without the written consent of the City. <br /> 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services <br /> hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations, <br /> including all non-discrimination laws, pertaining to the provisions of services to be <br /> provided. Any violation shall constitute a material breach of this Agreement and entitle <br /> the City to immediately terminate this Agreement notwithstanding other termination <br /> provisions contained herein. <br /> 7. DATA PRACTICES. Contractor agrees to comply with the Minnesota <br /> Government Data Practices Act (the "Act") and all other applicable state and federal <br /> laws relating to data privacy or confidentiality. Contractor will immediately report to the <br /> City any requests from third parties for information relating to this Agreement, or <br /> services provided thereunder. The City agrees to promptly respond to inquiries from the <br /> Contractor concerning data requests. All data created, collected, received stored, used, <br /> maintained or disseminated by Contractor in performing its obligations is subject to the <br /> requirements of the Act, and Contractor must comply with the requirements of the Act <br /> as if Contractor was a government entity. Contractor agrees to hold the City, Mayor, <br /> City Council Members, and employees harmless from any claims resulting from <br /> Contractor's failure to disclose data maintained by Contractor and authorized for release <br /> by the City, and from Contractor's unlawful disclosure or use of data protected under <br /> state and federal laws. <br /> 2 <br /> 506454v4 RAA MU210-111 <br />