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<br />be made after the report has been approved, measurable progress toward the 2015
<br />goal has been confirmed, and, if necessary, a Recycling Improvement Plan has
<br />been approved by the COUNTY. If the CITY meets the COUNTY requirements,
<br />both payments will be made during the same calendar year.
<br />4. PROFESSIONAL CREDENTIALS
<br />INTENTIONALLY OMITTED
<br />5. INDEPENDENT CONTRACTOR
<br />CITY shall select the means, method, and manner of performing the services. Nothing is
<br />intended or should be construed as creating or establishing the relationship of a
<br />partnership or a joint venture between the parties or as constituting CITY as the agent,
<br />representative, or employee of the COUNTY for any purpose. CITY is and shall remain
<br />an independent contractor for all services performed under this Agreement. CITY shall
<br />secure at its own expense all personnel required in performing services under this
<br />Agreement. Any personnel of CITY or other persons while engaged in the performance
<br />of any work or services required by CITY will have no contractual relationship with the
<br />COUNTY and will not be considered employees of the COUNTY. The COUNTY shall
<br />not be responsible for any claims that arise out of employment or alleged employment
<br />under the Minnesota Economic Security Law or the Workers' Compensation Act of the
<br />State of Minnesota on behalf of any personnel, including, without limitation, claims of
<br />discrimination against CITY, its officers, agents, contractors, or employees. CITY shall
<br />defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,
<br />volunteers, and employees from all such claims irrespective of ally determination of any
<br />pertinent tribunal, agency, board, commission, or court. Such personnel or other persons
<br />shall neither require nor be entitled to any compensation, rights, or benefits of any kind
<br />from the COUNTY, including, without limitation, tenure rights, medical and hospital
<br />care, sick and vacation leave, Workers' Compensation, Re-employment Compensation,
<br />disability, severance pay, and retirement benefits.
<br />INDEMNIFICATION
<br />CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials,
<br />officers, agents, volunteers and employees from any liability, claims, causes of action,
<br />judgments, damages, losses, costs, or expenses, including reasonable attorney's fees,
<br />resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone
<br />directly or indirectly employed by them, and/or anyone for whose acts and/or omissions
<br />they may be liable in the performance of the services required by this Agreement, and
<br />against all loss by reason of the failure of CITY to perform any obligation under this
<br />Agreement.
<br />S. INSURANCE
<br />A. With respect to the services provided pursuant to this Agreement, CITY agrees at
<br />all times during the term of this Agreement, and beyond such term when so
<br />required, to have and keep in force the following insurance coverages, either
<br />under a self-insurance program or purchased insurance:
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