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Agenda - Public Works Committee - 01/16/2007
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Agenda - Public Works Committee - 01/16/2007
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3/13/2025 2:46:03 PM
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1/16/2007 11:34:35 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Public Works Committee
Document Date
01/16/2007
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<br />The successful Consultant agrees that during the term of the Agreement entered into between the <br />Consultant and the City: <br /> <br />1. Consultant contract shall be governed by the laws of the State of Minnesota. <br /> <br />2. The Consultant will comply with all federal, state and local laws, ordinances, rules and <br />regulations governing discrimination and will not discriminate against any applicant or <br />employee for employment because ofrace, .creed, national origin, or ancestry, sex, sexual <br />orientation, marital status, age, religion, or handicap. Consultant also agrees that all <br />subcontracts entered into for the performance hereof shall include a similar provision. <br /> <br />3. Ifa Consultant refuses or fails to furnish goods or services in accordance with the <br />requirements of the contract and within the time limits contained in the contract, the City <br />may purchase such goods or services from other sources. <br /> <br />4. Minnesota Statutes, Section 16.B06, SubdA states that the books, records, documents, <br />and accounting procedures and practices of the Consultant relevant to this contract are <br />subject to examination by the City and either the Legislative or State Auditor as a result <br />of this contract. <br /> <br />5. The City will own and have a right to use, reproduce and modify as it desires any data, <br />) <br />reports, analyses, and materials which are collected or developed by the Consultant as a <br />result of this contract. <br /> <br />6. Any material alterations, variations, modifications or waivers of provisions of this <br />proposal shall be valid only when they have been reduced to writing as an amendment to <br />this proposal and signed by both parties. <br /> <br />7. The Consultant agrees not to discriminate in violation of the Minnesota Human Rights <br />Act (Minnesota Statutes, Section 363) and Section 504 of the Rehabilitation Act of <br />1973/31 CFR, Part 51. This Act states in part that".. .all recipients of federal funds, <br />whether in the form of a grant or a contract, review, and if necessary modify, their <br />programs and activities so that discrimination based on handicap is eliminated.". The <br />, Consultant shall comply with all federal, state, and local affirmative action and 'equal <br />employment opportunity principles. <br /> <br />8. The City and Consultant submit all claims, disputes and other matters in question <br />between the parties arising out of or relating to this Agreement to mediation. The <br />mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. <br />Paul, Minnesota. . The parties hereto shall decide whether mediation shall be binding or <br />non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In <br />the event mediation is unsuccessful, either party may exercise its legal or equitable <br />remedies and may commence such action prior to the expiration of the applicable statute <br />of limitations. <br /> <br />9. This Agreement shall not be assignable except at the written consent of the City. <br />10. The Consultant agrees to comply with the Americans With Disabilities Act (ADA), <br />Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of <br />disability in the admission or access to, or treatment of employment in its services, <br />programs, or activities. The Consultant agrees to hold harmless and indemnify the City <br />from costs, including but not limited to damages, attorney's fees and stafftime, in any <br />action or proceeding brought alleging a violation of ADA and/or Section 504 caused by <br /> <br />8 <br /> <br />27 <br />
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