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The sucessful Consultant agrees that during the term of the Agreement entered into between the <br />c <br />• Consultant and the City: <br />1.. Consultant contract shall be governed by the laws of the State of Minnesota. <br />les an <br />2. The• Consultant will comply with all federal, state and local laws, ordinances, re cant or <br />regulations governing discrimination and will not discriminate against any app <br />of race, creed, national origin, or ancestry, sex, sexual <br />employee for employment because <br />• - - - orientation, marital status, age, religion, or handicap. Consultant also agrees that all <br />ce hereof shall include a similar provision. <br />subcontracts entered into for the performan <br />3, If a Consultant refuses or fails to furnish goods . or services in accordance with the <br />requirements of the contract within the time limits contained in the contract, the City <br />may purchase such goods or services from other sources. <br />4. Minnesota Statutes, Section 16.BO6, Subd.4 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 are . sult <br />of this contract. <br />5. The City will own and have a right to use, reproduce and modify as it desires any data, <br />reports, analyses, and materials which are collected or developed by the Consultant as a <br />result of this contract. <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 />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 eliminate The <br />Consultant shall comply with all federal, state, and Iocal affirmative action and equal <br />employment opportunity principles. <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 />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 />ams, or activities. The agrees to hold harmless and indemnify the City <br />from costs, including but not limited to damages, attorney's fees and staff time, in any <br />action or proceeding brought alleging a violation of ADA and/or Section 504 caused by <br />8 - <br />-279 <br />