Laserfiche WebLink
Attachment A <br />Revised 12/4/13 <br />Consultant will take the action required by the City within fifteen (15) days of <br />receiving notice from the City. <br />19. Ownership of Documents. All plans, diagrams, analysis, reports, information, and <br />electronic media and data generated in connection with the performance of this <br />Agreement ( "Information ") shall become the property of the City, but the Consultant may <br />retain copies of such documents as records of the services provided. The City may use <br />the Information for any reasons it deems appropriate without being liable to the <br />Consultant for such use. The Consultant shall not use or disclose the Information for <br />purposes other than performing the Work contemplated by this Agreement without the <br />prior consent of the City. <br />20. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or <br />related to this Agreement or the relationships which result from this Agreement shall be <br />subject to mediation as a condition precedent to initiating arbitration or legal or equitable <br />actions by either party. Unless the parties agree otherwise, the mediation shall be in <br />accordance with the Commercial Mediation Procedures of the American Arbitration <br />Association then currently in effect. A request for mediation shall be filed in writing with <br />the American Arbitration Association and the other party. No arbitration or legal or <br />equitable action may be instituted for a period of 90 days from the filing of the request <br />for mediation unless a longer period of time is provided by agreement of the parties. <br />Cost of mediation shall be shared equally between the parties. Mediation shall be held in <br />the City of Roseville unless another location is mutually agreed upon by the parties. The <br />parties shall memorialize any agreement resulting from the mediation in a Mediated <br />Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br />court having jurisdiction thereof. <br />21. Annual Review. Prior to each anniversary of the date of this Agreement, the City shall <br />have the right to conduct a review of the performance of the Work performed by the <br />Consultant under this Agreement. The Consultant agrees to cooperate in such review and <br />to provide such information as the City may reasonably request. Following each <br />performance review the parties shall, if requested by the City, meet and discuss the <br />performance of the Consultant relative to the remaining Work to be performed by the <br />Consultant under this Agreement. <br />22. Conflicts. No salaried officer or employee of the City and no member of the Board of the <br />City shall have a financial interest, direct or indirect, in this Agreement. The violation of <br />this provision shall render this Agreement void. <br />23. Governing Law. This Agreement shall be controlled by the laws of the State of <br />Minnesota. <br />24. Counterparts. This Agreement may be executed in multiple counterparts, each of which <br />shall be considered an original. <br />