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nondiscrimination.
<br /> b. The Municipality shall at all times be an independent contractor and shall not be the employee
<br /> of the County for any purpose. The County shall not be responsible for the payment of any -
<br /> taxes, either federal or state, on behalf of the Municipality, nor shall the County be responsible
<br /> for any fringe benefits. No Civil Service or other rights of employment will be acquired by virtue
<br /> of Municipality's services.
<br /> c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other
<br /> party, its officials, agents, and employees, from any liability, loss, or damage they may suffer
<br /> as a result of demands, claims,judgments, or costs arising out of or caused by the
<br /> indemnifying party's performance of their respective obligations under the provisions of this
<br /> Agreement. This provision shall not be construed nor operate as a waiver of any applicable
<br /> limits of or exceptions to liability set by law.
<br /> d. All data collected, created, received, maintained, or disseminated for any purpose in the course
<br /> of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat.
<br /> Ch. 13, or any other applicable State statute, any State rules adopted to implement the Act and
<br /> statutes, as well as federal statutes and regulations on data privacy.The Municipality agrees to
<br /> abide by these statutes, rules, and regulations.
<br /> e. All books, records, documents, and accounting procedures and practices of the Municipality
<br /> and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the
<br /> County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota
<br /> Statutes§16C.05, Subd. 5.
<br /> f. The Municipality shall obtain and keep in force throughout the term of this agreement a Crime
<br /> and Fidelity Bond, including Faithful Performance coverage, in the minimum amount of$5,281.
<br /> g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and
<br /> subcontractors do not engage in violence while performing under this agreement. Violence, as
<br /> defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace
<br /> Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any
<br /> action involving the use of physical force, harassment, intimidation, disrespect, or misuse of
<br /> power and authority, where the impact is to cause pain,fear or injury.
<br /> h. The Municipality will be required to pay interest of 1'/2 percent per month or any part of a month
<br /> to any subcontractor on any undisputed amount not paid on time to the subcontractor. The
<br /> minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is
<br /> $10.00. For an unpaid balance of less than $100.00, the Municipality shall pay the actual
<br /> penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
<br /> interest penalties from the Municipality must be awarded its costs and disbursements, including
<br /> attorney's fees, incurred in bringing the action.
<br /> i. All equipment purchased using funds provided in this Agreement shall remain the property of
<br /> the Municipality.
<br /> j. Any amendments to this Agreement shall be in writing and signed by both parties.
<br /> 6. RECYCLING MARKETS SUPPORT FUND
<br /> During 2001, the County will reserve for the Municipality a portion of the County Recycling Markets
<br /> Support Fund for the Municipality. This portion will be the proportion of the Municipality's
<br /> population residing in Ramsey County to the entire Ramsey County population, according to 1999
<br /> is Metropolitan Council population figures, multiplied by$250,000. To gain access to these funds, the
<br /> Municipality must first apply to the County, in accordance with the County's guidelines in place at
<br /> the time for distribution of the Recycling Markets Support Fund. The Municipality will be allowed to
<br /> ,d,
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