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--SERVICE CONTRACT
<br />Vendor Name City of Hugo
<br />Address 14669 Fitzgerald Ave
<br />Term of Agreement
<br />Scope of Service
<br />Hugo MN 66038
<br />Jan 3, 2011 to June 30, 2011
<br />WASHINGTON COUNTY
<br />Contract #
<br />Dept. PHE
<br />Fed ID #
<br />41-0954838
<br />Phone #
<br />651-762-6300
<br />Date
<br />January 7, 2011
<br />Cost
<br />$4,000
<br />Grant award and agreement with the City of Hugo for a physical activity partner project
<br />as part of the "Living Healthy in Washington County" a 2009-2011 Statewide Health
<br />Improvement Program Grant from the Minnesota Department of Health approved for
<br />Washington County Department of Public Health and Environment. A list of
<br />deliverables and budget are provided in Attachment A.
<br />Indemnification — Notwithstanding any other provision to the contrary, the contractor agrees to indemnify, defend and hold harmless the County, its
<br />officers, employees and agents for any and all claims arising out of the contractor's activities related to the services provided under this agreement.
<br />Insurance ReUuiremeTitS_ The contractor agrees that in order to protect itself, as well as the County, from claims arising out of the contractor's
<br />activities under this agreement, it will at all times during the term of this agreement keep In force policies of insurance providing the following checked -off
<br />liabilities, In an amount equal to the County's liability limits set forth. In Minnesota Statute Chapter 466 and the workers compensation requirements in
<br />Minn. Stat. Chapter 176. The Contractor agrees as a condition subsequent to increase the required insurance coverage as the liability limits in section
<br />466.04 increase. Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability. Certificates of insurance showing
<br />the coverage listed above shall be provided to the County prior to the effective date of this Agreement. All such policies shall provide that they shall not
<br />be canceled, materially changed, or not renewed without thirty days prior notice thereof to the County.
<br />®
<br />General Liability
<br />®
<br />Automobile Liability
<br />❑
<br />Hired/Non-Owned Liability
<br />❑ Professional Liability
<br />® Worker's Compensation (if applicable)
<br />❑ Insurance Requirements Waived, except
<br />for Worker's Compensation
<br />Data Privac - All data collected, created, received, maintained or used for any purposes in the course of the contractor's performance of this
<br />agreement is governed by Minn, Statutes, Sec. 13.01 et seq., or any other applicable state statutes and federal regulations on data privacy. The
<br />contractor agrees to abide by these Statutes, rules and regulations as they may be amended.
<br />Record Disc losures/Mon ltorin - Pursuant to Minn. Statute 16C.05, Subd. 5, the books, records, documents and accounting procedures and
<br />practices of the contractor relevant to the contract are subject to examination by the County, and either the legislative auditor or the state auditor, as
<br />appropriate, The contractor agrees to maintain these records for a period of six years from the date of termination of this agreement.
<br />Nondiscrimination - During the performance of this agreement, the contractor agrees to the following: No person shall, on the grounds of race,
<br />color, religion, age, sex„ disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full employment rights
<br />in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and stale laws against
<br />discrimination.
<br />Compliance with Law - The contractor shall abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or
<br />hereinafter adopted insofar as they relate to the contractor's performance of the provisions of this agreement.
<br />Firearms Prohibited — Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not
<br />limited to employees, agents or subcontractors of the Vendor or Contractor (depending upon which term is used) shall carry or possess a firearm on
<br />County premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a
<br />substantial breach of the agreement; and, In addition to any other remedy available to the County under law or equity. Violation of this provision is
<br />grounds for immediate suspension or termination of this agreement.
<br />Independent Contractor — Parties agree that the vendor is acting as an independent contractor under this agreement.
<br />Conditlon Subsequent - This Agreement may be cancelled by the Vendor or the County at any time, with or without cause, upon thirty (30)
<br />days written notice to the other party. In the event of such a cancellation, the Vendor shall be entitled to payment, determined on a pro rata
<br />basis, for work or services satisfactorily performed.
<br />a. It is understood and agreed to by the parties that payments by the County to the Vendor under this Agreement are
<br />dependent upon reimbursements to the County from state or federal sources. The parties agree, therefore, that
<br />reimbursement to the County from the state and/or federal government for this program is a condition subsequent of this
<br />agreement; and, if state and/or federal reimbursement Is not obtained or continued or is decreased by any amount, the
<br />County may terminate this Agreement by giving the Vendor thirty (30) days notice of termination.
<br />b. If the Agreement is terminated because of the occurrence of the aforementioned condition subsequent, the Vendor shall
<br />only be entitled to the actual cost of the services rendered up to the date of termination.
<br />C. In instances where state and/or federal reimbursements are decreased for this program, the parties may negotiate a
<br />decrease in the amount of services provided in the Agreement. The parties agree that the County's decision not to
<br />terminate shall be sufficient consideration for any modification of the Agreement.
<br />Revised 2/28/08
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