|
Public Standard Agreement (2004 Form) VER. 12/31/2015
<br />Page 6 of 7 (Excluding Exhibits)
<br />
<br />and that it has not paid or agreed to pay any company or person, other than a bona fide employee,
<br />any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
<br />resulting from award or making of this Agreement.
<br />
<br />M. NON-DISCRIMINATION
<br />
<br /> The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be
<br />considered part of this Agreement as if fully set forth herein.
<br />
<br /> The CONSULTANT is an Equal Opportunity Employer and it is the policy of the
<br />CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants
<br />and vendors are treated without regard to their race, religion, sex, color, national origin, disability,
<br />age, sexual orientation, marital status, public assistance status or any other characteristic protected
<br />by federal, state or local law.
<br />
<br />N. CONTROLLING LAW
<br />
<br /> This Agreement is to be governed by the law of the State of Minnesota.
<br />
<br />O. MINNESOTA GOVERNMENT DATA PRACTICES ACT
<br /> The CONSULTANT must comply with the Minnesota Government Data Practices Act, Minnesota
<br />Statutes Chapter 13, as it applies to (1) all data provided by the CLIENT pursuant to this Agreement,
<br />and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the
<br />CONSULTANT pursuant to this Agreement. In the event the CONSULTANT receives a request to
<br />release data, the CONSULTANT must immediately notify the CLIENT. The CLIENT, in consultation
<br />with the CLIENT’s attorney, will give the CONSULTANT instructions conforming with statutory
<br />requirements concerning the release of the data to the requesting party before the data is released, and
<br />CONSULTANT will be reimbursed as Additional Services by CLIENT for its reasonable expenses in
<br />complying with the request. CONSULTANT agrees to defend, indemnify, and hold the CLIENT, its
<br />officials, officers, agents, employees, and volunteers harmless from any claims resulting from
<br />CONSULTANT’S officers’, agents’, CLIENTs’, partners’, employees’, volunteers’, assignees’ or
<br />subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
<br />survive the cancellation or termination of this Agreement.
<br />
<br />P. AUDIT DISCLOSURE
<br /> The CONSULTANT will maintain records that reflect all revenues, costs incurred and services
<br />provided in the performance of the Agreement. The CONSULTANT will also agree that the CLIENT,
<br />State, or their duly authorized representatives may, at any time during normal business hours and as
<br />often as reasonably necessary, have access to and the right to examine, audit, excerpt, and transcribe
<br />any books, documents, papers, records, etc., and accounting procedures and practices of the
<br />CONSULTANT which are relevant to the contract for a period of six years.
<br />
<br />Q. DISPUTE RESOLUTION
<br />
<br /> CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a
<br />period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution
<br />or exercising their rights under law. Any claims or disputes unresolved after good faith
<br />negotiations shall then be submitted to mediation using a neutral from the Minnesota District Court
<br />Rule 114 Roster, or if mutually agreed at time of dispute submittal, a neutral from the American
<br />Arbitration Association Construction Industry roster. If mediation is unsuccessful in resolving the
|