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Automobile Liability <br />$2,000,000 Combined Single Limit — Bodily Injury & Property Damage <br />Including Owned, Hired & Non -Owned Automobiles <br />Workers Compensation <br />Workers' Compensation insurance in accordance with the statutory <br />requirements of the State of Minnesota, including Employer's Liability with <br />minimum limits is as follows: <br />• $500,000 — Bodily Injury by Disease per employee <br />• $500,000 — Bodily Injury by Disease aggregate <br />• $500,000 — Bodily Injury by Accident <br />The City shall be named as an additional insured on the general liability and umbrella policies <br />on a primary and non-contributory basis. <br />The Consultant shall secure and maintain a professional liability insurance policy. Said <br />policy shall insure payment of damages for legal liability arising out of the performance of <br />professional services for the City, in the insured's capacity as Consultant, if such legal liability is <br />caused by a negligent act, error or omission of the insured or any person or organization for <br />which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with <br />a deductible maximum of $25,000 unless the City agrees to a higher deductible. <br />Before commencing work, the Consultant shall provide the City a certificate of insurance <br />evidencing the required insurance coverage in a form acceptable to City. <br />11. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as <br />an independent contractor upon the terms and conditions set forth in this Agreement. The <br />Consultant is not an employee of the City and is free to contract with other entities as provided <br />herein. Consultant shall be responsible for selecting the means and methods of performing the <br />work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for <br />Consultant's performance under this Agreement. City and Consultant agree that Consultant <br />shall not at any time or in any manner represent that Consultant or any of Consultant's agents <br />or employees are in any manner agents or employees of the City. Consultant shall be exclusively <br />responsible under this Agreement for Consultant's own FICA payments, workers compensation <br />payments, unemployment compensation payments, withholding amounts, and/or self- <br />employment taxes if any such payments, amounts, or taxes are required to be paid by law or <br />regulation. <br />12. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services <br />provided under this Agreement without the express written consent of the City. Consultant shall <br />comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all <br />undisputed services provided by Subcontractor within ten days of Consultant's receipt of <br />payment from City. Consultant must pay interest of 1.5 percent per month or any part of a <br />month to subcontractor on any undisputed amount not paid on time to subcontractor. The <br />minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. <br />261Page <br />193 <br />