04-22-2026 Council Packet - Laserfiche WebLink

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B. Modifications. This Agreement can only be modified in writing signed by the City and Contractor. C. Data Practices Act Compliance. To the extent Minn. Stat. §13.05 Subd. 11 applies, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing under this Agreement is subject to the requirements of Minn. Stat. Ch. 13 and the Contractor must comply with those requirements as if it were a government entity. Upon termination of this Agreement, the Contractor agrees to return data to the City as requested by the City. D. Audit. To the extent Minn. Stat. §16C.05, Subd. 5 applies, the books, records, documents, and accounting procedures and practices of the Contractor that are relevant to the contract or transaction, are subject to examination by the City and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. E. Possession of Firearms. Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of the City or Contractor shall carry or possess a firearm on the City’s premises or while acting on behalf of the City pursuant to the terms of this Agreement. Violation of this provision shall be considered a substantial breach of the Agreement, and, in addition to any other remedy available to the City under law or equity, is grounds for immediate suspension or termination of this Agreement. F. Choice of Law and Venue. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. All legal proceedings shall be venued in the County of Ramsey or federal district court in Minneapolis/St. Paul. The prevailing party in any dispute arising from or relating to this Agreement, whether by judgment, summary judgment, dismissal, settlement, or otherwise, shall be entitled to an award of reasonable attorney’s fees and costs from the non-prevailing party. G. No Assignment; Responsibility for Subcontractors. This Agreement may not be assigned by either party without the written consent of the other party. The Contractor shall be responsible for the selection of and liable for the proper performance by any subcontractors that the Contractor retains to assist in providing any labor or materials for the project. The Contractor shall ensure all subcontractors are properly licensed and adequately bonded and insured to provide services hereunder. H. No Discrimination. The Contractor agrees to the provisions of Minn. Stat. §181.59 and agrees that any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. I. Agreement Not Exclusive. The City retains the right to hire other additional contractors in the City’s sole discretion. J. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner to be effective and valid under applicable law. If any provision of this Agreement is held to