Agenda Packets - 2017/08/28 (3) - Laserfiche WebLink

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