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K. Americans with Disabilities Act <br />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 <br />City from costs, including but not limited to damages, attorn•y's fees, and staff time, <br />in any action or proceeding brought alleging a violation of AD A and/or Section 504 <br />caused by the Consultant. <br />L. Sublet/Assign <br />The contract shall not be assignable except at the written consent of the City. <br />M. Sub-Consultant Payment <br />The Consultant agrees that it must pay any sub-consultant within ten days of the <br />prime Consultant's receipt of payment from the municipality for undisputed services <br />provided by the sub-consultant. The Consultant agrees that it must pay interest of 1- <br />1/ percent per month or any part of a month to the sub-consultant on any undisputed <br />amount not paid on time to the sub-consultant. The minimum monthly interest <br />penalty payment for an unpaid balance of $ 100 or more is $ 10. For an unpaid <br />balance of less than $ 100, the prime Consultant shall pay the actual penalty due to the <br />sub- consultant. .A sub-consultant who prevails in a civil action to collect interest <br />penalties from a prime Consultant must be awarded its costs and disbursements, <br />including attorn•y's fees, incurred in bringing this action. <br />N. Data Practices <br />The Consultant will comply with all applicable provisions of the Minnesota <br />Government Data Practices Act, Chapter 13, of the Minnesota Statutes. <br />0. Audit <br />All books, records, documents, and accounting procedures of the Consultant, relevant <br />to the contract, all subject to examination by the City and either the legislative or state <br />auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, subd. 5. <br />P. Laws <br />The Consultant will comply with all applicable local, state and Federal laws, rules <br />and regulations in the performance of the duties of the contract. The Consultant will <br />comply with and be governed by all laws of the State of Minnesota. <br />Q. Mediation <br />The City and the Consultant agree to submit all claims, disputes and other matters in <br />question between the parties arising out of or relating to this contract to mediation. <br />The mediation shall be conducted through the Mediation Center, 1536 Hewitt <br />Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall <br />be binding or non-binding. If the parties cannot reach agreement, the mediation shall <br />be non-binding. In the event mediation is unsuccessful; either party May exercise its <br />legal or equitable remedies and May commence such action prior to the expiration of <br />the applicable statute of limitations. <br />Page 14 of 15 <br />