05-11-2015 Council Packet - Laserfiche WebLink

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performance of City's governmental functions will all data created, collected, received, stored, used, maintained or disseminated by Company under this Agreement be subject to the provisions of Minnesota Statutes Section 13,05, subdivision 11. In such case, the remedies of Minnesota Statutes Section 13.08 will apply to the release by Company of the data governed by the Minnesota Government Data Practices Act. B) If the Company receives a request to release the data governed by this section, Company must immediately notify City. City will give Company instructions concerning the release of the data to the requesting party before the data is released. 15. NONDISCRIMINATION If the Company enters into a contract with a contractor, to perform all or any portion of the Company's work set forth in this Agreement, the Company for itself, its assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and will include all of the nondiscrimination provisions in this agreement and as set forth in "Appendix A" attached hereto and made a part hereof. 16. DISADVANTAGED BUSINESS ENTERPRISE The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Company will insure that disadvantaged business enterprises as defined in 49 CFR 26, have the maximum opportunity to participate in the performance of contracts, financed in whole or in part with federal funds. In this regard, the Company will take all necessary and reasonable steps in accordance with 49 CFR 26, to insure that disadvantaged business enterprises have the maximum opportunity to compete for and perform any contracts awarded under this Agreement. The Company shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts under this Agreement. Failure to carry out the above requirements constitutes breach of this Agreement, and may result in termination of the Agreement by the City, and possible debarment from performing other contractual services with the Federal Department of Transportation. 17. AMENDMENTS, WAIVER, MERGER, AND COUNTERPARTS Any amendments to this Agreement must be in writing and executed by the same parties who executed the original Agreement, or their successors in office. Failure of a party to enforce any provision of this Agreement will not constitute or be construed as, a waiver of such provision or of the right to enforce such provision. This Agreement contains all prior negotiations and agreements between the Company and the City. No other understandings, whether written or oral, regarding the subject matter of this Agreement will be deemed to exist or to bind either or both of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement. 0904/SCP -11-