1A.2, TCAAP Request for Proposals for Master Plan AUAR

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to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Consultant. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. 14. DATA PRACTICES. The Consultant will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 15. LAWS. The Consultant agrees and anyone acting on behalf of Consultant will comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. The parties agree that this document shall be governed by the laws of the State of Minnesota. 16. ASSIGN. Consultant may not assign or otherwise dispose of any portion of this Agreement except with the written consent of the City. The consent to assign or otherwise dispose of any portion of this Agreement shall not be construed to relieve Consultant of any responsibility for the completion of the Agreement. 17. AUDIT. The books, records, documents, and accounting procedures of the Consultant, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. 18. MEDIATION. The City and Consultant agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful,either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 19. CITY POLICIES. The Consultant agrees, as a condition of being awarded this Contract,to require each of its agents, officers and employees to abide by the City of Arden Hills's policies prohibiting sexual harassment, firearms, and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Contract. The Consultant agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by the City. 20. TERMINATION. Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by the Contractor of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 21. EQUAL OPPORTUNITY. During the performance of this contract,the Consultant, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41CFR Part 60,shall not discriminate against any employee or applicant for Page 19 of 20 III