Agenda - Parks and Recreation Commission - 02/13/2014

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Section 8.07. Governing Law. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. Any disputes between City and Consultant shall be negotiated in good faith for 30 days, and unresolved disputes shall be submitted to mediation prior to either party pursuing their rights in a court of competent jurisdiction. Section 8.08. Affirmative Action. The Consultant shall not discriminate under the contract against any person in accordance with federal, state and local regulations. The Consultant shall not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment. The Consultant shall furnish documentation that shows they have adopted a written affirmative action policy. If during the term of the Agreement, it is discovered that the Consultant is not in compliance with the applicable regulations as aforesaid, or if the Consultant engages in any discriminatory practices, then the City, through the office, may cancel said Agreement as provided by the cancellation clause of the Agreement. Section 8.09. Ethics. The Consultant certifies that it does not presently have an interest in real estate, development proposals or have a client with development proposals or real estate interests which are in the City or which will directly benefit or be affected by projects they are assigned to Consultant. Furthermore, the Consultant agrees that it will not acquire interest in any real estate of development proposals, or accept a contract with any client owning real estate or having a development proposal in the City or which will be directly affected or benefited by a project without first notifying and discussing said interest or contract with the City. The Consultant shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City. To remove any potential or actual conflict of interest, the Consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. The Consultant shall maintain records that reflect all revenues, costs incurred and services provided in the performance of this Agreement. The Consultant agrees that the City, the State Auditor, or legislative authority, or any of their duly authorized representatives upon reasonable notice during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the Consultant which are relevant to this Agreement. 20