Agenda - Economic Development Authority - 02/14/2013

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F. COMPLIANCE WITH STATUTORY REQUIREMENTS: 1. Data Practices Compliance: CONTRACTOR may have access to data collected or maintained by the City to the extent necessary to perform CONTRACTOR'S obligations under this contract. CON TRACTOR agrees to maintain all data obtained from the CITY in the same manner as the CITY is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. CONTRACTOR will not release or disclose the contents of data classified as not public to any person except at the written direction of the CITY. CONTRACTOR agrees to defend and indemnify the CITY from any claim, liability, damage or loss asserted against the CITY as a result of CONTRACTOR'S failure to comply with the requirement of the Act or this contract. Upon termination of this contract, CONTRACTOR agrees to return data to the CITY, as requested by the CITY. 2. Worker 's Compensation: CONTRACTOR shall, at the time of execution of this contract, furnish evidence satisfactory to the CITY that CONTRACTOR maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. 3. Income Tax Withholding: Prior to the time of fmal payment of any amounts owing to CON TRACTOR under this agreement, CONTRACTOR shall furnish a copy of Form IC-134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by CONTRACTOR. 4. Audit: Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of CON TRACTOR which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. G. NOTICES: WHEREAS, any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: Sauter & Son's Excavating 6651 141st Ave NW, #3 Ramsey, MN 55303 H. TERMINATION: Either party may terminate this agreement on 30 days written notice to the other. I. PAYMENT: WHEREAS, the City received a quote for $23,500.00 from Sauter and Son's to complete the work described in this contract. The CITY shall remit to CONTRACTOR the amounts billed for services assuming that CONTRACTOR has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. Page 3 of 7