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Page 6 of 11 <br />compensation,and selection for training,including apprenticeship.Consultant agrees to post in conspicuous <br />places, available <br />to employees and applicants for employment,notice to be provided by an agency of the federal <br />government,setting forth the provisions of Equal Opportunity laws.Consultant shall comply with the <br />appropriate provisions of the Americans with Disabilities Act (the “ADA”),as enacted and as from time to <br />time amended,and any other applicable federal regulations.A signed certificate confirming compliance <br />with the ADA may be requested by Municipality at any time during the term of this Agreement. <br />21.E-VERIFY/VERIFICATION OF EMPLOYMENT STATUS <br />Pursuant to FS 448.095,Consultant certifies that is it registered with and uses the U.S.Department of <br />Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by <br />Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an <br />illegal alien to perform work under this Agreement and will verify immigration status to confirm <br />employment eligibility.If Consultant enters into a contract with a subcontractor to perform work or provide <br />services pursuant to the Agreement,Consultant shall likewise require the subcontractor to comply with the <br />requirements of FS 448.095,and the subcontractor shall provide to Consultant an affidavit stating that the <br />subcontractor does not employ,contract with or subcontract with an unauthorized alien.Consultant will <br />maintain a copy of such affidavit for the duration of its contract with owner.Consultant is prohibited from <br />using the E-Verify program procedures to undertake pre-employment screening of job applicants while this <br />Agreement is being performed. <br />22.SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES <br />During the term of this Agreement and for one year thereafter,Municipality shall not solicit,recruit or hire, <br />or attempt to solicit,recruit or hire,any employee or former employee of Consultant who provided services <br />to Municipality pursuant to this Agreement (“Service Providers”),or who interacted with Municipality in <br />connection with the provision of such services (including but not limited to supervisors or managers of <br />Service Providers,customer relations personnel,accounting personnel,and other support personnel of <br />Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect <br />Consultant’s trade secrets and other confidential information,its investment in the training of its employees, <br />the stability of its workforce,and its ability to provide competitive building department programs in this <br />market. If any provision of this section is found by a court or arbitrator to be overly broad,unreasonable in <br />scope or otherwise unenforceable,Parties agree that such court or arbitrator shall modify such provision to <br />the minimum extent necessary to render this section enforceable.In the event that Municipality hires any <br />such employee during the specified period,Municipality shall pay to Consultant a placement fee equal to <br />25% of the employee’s annual salary including bonus. <br />23.COMPLAINTS AND APPEALS <br />Any complaint about Consultant received by Municipality shall be forwarded to Consultant’s representative <br />listed in Notices Section of this Agreement. Municipality shall provide specific complaint details to the <br />extent allowed by law. Consultant will submit a response to the Municipality within ten (10) business days <br />of receipt. MN Rule 1300.0230 provides a mechanism for persons aggrieved by an order, decision, or <br />determination of the Building Official to appeal under the State Building Code. In the event a Municipality <br />does not have an appeals board, appeals will be heard by the State of Minnesota appeals board. All other <br />appeals of Consultant decisions will proceed as required by applicable section of the Municipal code or state <br />law. <br />101