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relationship of co-partners between the parties hereto or as constituting the CITY as the •
<br /> agent, representative, or employee of the COUNTY for any purpose or in any manner
<br /> whatsoever. The CITY is to be and shall remain an independent contractor with respect
<br /> to all services performed under this Agreement. The CITY represents that it has or will
<br /> secure at its own expense all personnel required in performing services under this
<br /> Agreement. Any and all personnel of the CITY or other persons while engaged in the
<br /> performance of any work or services required by the CITY under this Agreement shall
<br /> have no contractual relationship with the COUNTY, and shall not be considered
<br /> employees of the COUNTY. Any and all claims that may or might arise under the
<br /> Minnesota Economic Security Law or the Workers' Compensation Act of the State of
<br /> Minnesota on behalf of said personnel, arising out of employment or alleged employment,
<br /> including, without limitation, claims of discrimination against the CITY, its officers,
<br /> agents, contractors, or employees shall in no way be the responsibility of the COUNTY.
<br /> The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials,
<br /> officers, agents, volunteers, and employees from any and all such claims irrespective of
<br /> any determination of any pertinent tribunal, agency,board, commission, or court. Such
<br /> personnel or other persons shall neither require nor be entitled to any compensation,
<br /> rights, or benefits of any kind whatsoever from the COUNTY, including, without
<br /> limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers'
<br /> Compensation, Re-employment Compensation, disability, severance pay, and retirement
<br /> benefits.
<br /> 5. INDEMNIFICATION AND INSURANCE
<br /> a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its
<br /> officials, officers, agents, volunteers and employees from any liability, claims,
<br /> causes of action,judgments, damages, losses, costs, or expenses, including
<br /> reasonable attorney's fees, resulting directly or indirectly from any act or omission
<br /> of the CITY, a subcontractor, anyone directly or indirectly employed by them,
<br /> and/or anyone for whose acts and/or omissions they may be liable in the
<br /> performance of the services required by this Agreement, and against all loss by
<br /> reason of the failure of the CITY to perform fully, in any respect, all obligations
<br /> under this Agreement.
<br /> b. In order to protect the CITY and those listed above under the indemnification
<br /> provision, the CITY agrees at all times during the term of this Agreement, and
<br /> beyond such term when so required, to have and keep in force insurance, either
<br /> under a self-insurance program or insurance policies as follows:
<br /> Limits
<br /> (1) Commercial General Liability on an occurrence
<br /> basis with contractual liability coverage: •
<br /> HCA Form No. 101 2003 (Revised 02/03) 4
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