05-22-2019 Council Packet - Laserfiche WebLink

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Page 9 S. RECORD KEEPING Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, CONSULT ANT agrees that the books, records, documents, and accounting procedures and practices of CONSULT ANT, that are relevant to the contract or transaction, are subject to examination by the CLIENT and either legislative auditor or the state auditor for a minimum of six years. CONSULT ANT shall maintain such records for a minimum of six years after final payment. Pursuant to Minnesota Statutes, Section 13.05, Subdivision 11, all of the data created, collected, received, stored, used, maintained, or disseminated by CONSULT ANT in performing this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and CONSULT ANT must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 13.08, apply to CONSULTANT. CONSULTANT does not have a duty to provide access to public data to the public if the public data are available from the CLIENT. T. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULT ANT shall not assign any interest in this Agreement and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this Agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULT ANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this Agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the CLIENT. The CONSULT ANT, its agents , servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULT ANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULT ANT'S performance of the provisions of this Agreement. 4. If, for any reason, the CONSULT ANT shall fail to fulfill in timely and proper manner the obligations under this Agreement, the CLIENT shall reserve the right to terminate this Agreement by specifying the date of termination in a written notice to the CONSULT ANT at least thirty (30) calendar days before the termination date . In this event, the CONSULANT shall be entitled to just and equitable compensation for any satisfactory work completed. 5. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of this Agreement shall participate in any decision which affects his or her direct or indirect personal or financial interest. 6. All communications in writing between the parties shall be deemed to have been received by the addressee if delivered to the other party, or if sent by post or by facsimile addressed as