Agenda - Council - 11/10/2020 - Laserfiche WebLink

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MnDOT Contract No.: 1044547 Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and the County. Notwithstanding the foregoing, the City and the County will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's or the County's contractor(s) or consultant(s) or by a third party because of an act or omission by the City, the County, or their respective contractor(s) or consultant(s). 11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11.3. The County may require its contractor to carry insurance to cover claims for damages asserted against the County's contractor. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 13. Title VI/Non-discrimination Assurances. The City and the County agree to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at:_https://edocs- public.dot.state.mn.us/edocs public/DMResultSet/download ? docld=11149035. The City and the County will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the City's and the County's compliance with this provision. The City and the County must cooperate with State throughout the review process by supplying all requested information and documentation to State, making respective City and County staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. 14. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the County's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 15. Government Data Practices The City, the County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City and the County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, the County, or the State. 16. Telecommunications Certification. By signing this agreement, the City and the County certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), County does not and will not use any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or -9- Payable Lump Sum on Low Bid (Cooperative Agreements)