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7. Performance Evaluation. The parties agree that a performance evaluation shall be conducted
<br />annually.
<br />8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the
<br />standard of care in Ramsey County, Minnesota for professional services of the like kind.
<br />9. 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 made
<br />available to any individual or organization without the City's prior written approval, unless otherwise
<br />required under Minnesota law. The books, records, documents and accounting procedures and
<br />practices of the Consultant or other parties relevant to this Agreement are subject to examination by
<br />the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the
<br />effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,
<br />the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
<br />documents in the possession of the Consultant.
<br />10. Termination. This Agreement may be terminated by either party by thirty (30) days written notice
<br />delivered to the other party at the address written above. Upon termination under this provision, if
<br />there is no fault of the Consultant, the Consultant shall be paid for services rendered and
<br />reimbursable expenses until the effective date of termination. If however, the City terminates the
<br />Agreement because the Consultant has failed to perform in accordance with this Agreement, no
<br />further payment shall be made to the Consultant, and the City may retain another consultant to
<br />undertake or complete the work identified in Paragraph 1.
<br />11. Subcontractor. The consultant may enter into subcontracts for services provided under this
<br />Agreement. The Consultant shall promptly pay any subcontractor involved in the performance of
<br />this Agreement as required by the State Prompt Payment Act.
<br />12. 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 />13. 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, sexual
<br />orientation or age. The Consultant shall post in places available to employees and applicants for
<br />employment, notices setting forth the provision of this non-discrimination clause and stating that all
<br />qualified applicants will receive consideration for employment. The Consultant shall incorporate the
<br />foregoing requirements of this paragraph in all of its subcontracts for program work, and will require
<br />all of its subcontractors for such work to incorporate such requirements in all subcontracts for
<br />program work. The Consultant further agrees to comply with all aspects of the Minnesota Human
<br />Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
<br />Americans with Disabilities Act of 1990.
<br />14. Assignment. The parties agree to the assignment of this Agreement by Jensen, Bell, Converse &
<br />Erickson, P. A. to Erickson, Bell, Beckman 8 Quinn, P. A. on February 1, 2010. From January 1,
<br />2010 through January 31, 2010, Jensen, Bell, Converse 8~ Erickson, P. A. shall be the Consultant
<br />and have all of the rights, and be responsible for all of the obligations, of the Consultant under this
<br />Agreement. From February 1, 2010 through December 31, 2012, Erickson, Bell, Beckman &
<br />Quinn, P. A. shall be the Consultant and have all of the rights, and be responsible for all of the
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