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Audit Disclosure. Any reports, information,, data,, etc. given to, or prepared or assembled by the
<br />Consultant under this Agreement which the City requests to be kept confidential, shall not be
<br />made available to any individual or organization without the City's prior written approval. The
<br />books,, records,, documents and accounting procedures and practices of the Consultant or other
<br />parties relevant to this Agreement are subject to examination by the City and either the
<br />Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
<br />this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota
<br />Government Data Practices Act,, to the extent the Act is applicable to data and documents in the
<br />possession of the Consultant.
<br />9. Termination, This Agreement may be terminated by either party by seven (7) days written
<br />notice delivered to the other party at the address written above. Upon termination under this
<br />provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered
<br />and reimbursable expenses until the effective date of termination. If however, the City
<br />terminates the Agreement because the Consultant has failed to perform in accordance with this
<br />Agreement, the City may retain another consultant to undertake or complete the work identified
<br />in Paragraph I and the Consultant shall be paid for services rendered to the effective date of
<br />termination less the City's replacement consultant cost to have the Consultant's uncompleted
<br />scope of services completed.
<br />10. 'Yubcon tractor. The Consultant shall not enter into subcontracts for services provided under this
<br />Agreement except as noted in the Scope of Work, without the express written consent of the
<br />City. The Consultant shall pay any subcontractor involved in the performance of this Agreement
<br />within the ten (10) days of the Consultant's receipt of payment by the City for undisputed
<br />services provided by the subcontractor. If the Consultant fails within that time to pay the
<br />subcontractor any undisputed amount for which the Consultant has received payment by the
<br />City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5
<br />percent per month or any part of a month. The minimum monthly interest penalty payment for
<br />an unpaid balance of $, 100 or more is $, 10. For an unpaid balance of less than $, 100, the
<br />Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who
<br />prevails in a civil action to collect interest penalties from the Consultant shall be awarded its
<br />costs and disbursements,, including attorney's fees, incurred in bringing the action.
<br />11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
<br />independent contractor and not an employee of the City. No statement herein shall be construed
<br />so as to find the Consultant an employee of the City.
<br />12. Non-Discrimination. During the performance of this Agreement,, the Consultant shall not
<br />discriminate against any employee or applicants for employment because of race, color, creed,
<br />religion, national origin, sex, marital status,, status with regard to public assistance, disability,
<br />sexual orientation or age. The Consultant shall post in places available to employees and
<br />applicants for employment,, notices setting forth the provision of this non-discrimination clause
<br />and stating that all qualified applicants will receive consideration for employment. The
<br />Consultant shall incorporate the foregoing requirements of this paragraph in all of its
<br />subcontracts for program work, and will require all of its subcontractors for such work to
<br />incorporate such requirements in all subcontracts for program work. The Consultant further
<br />agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
<br />3 63. 01 , et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
<br />of 1990.
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