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Revised 1/7/2015 <br />r <br />90etention of and has agreed to pay such persons or entities pursuant to Section 3B <br />91above. <br />92 <br />Project Manager and Staffing. <br />936.The Contractor has designated Lydia Major,Landscape <br />94Architectto perform and /or supervise the Work,and as the persons for the City to contact <br />95and communicate with regarding the performance of the Work.The Project Contacts shall <br />96be assisted by other employees of the Contractor as necessary to facilitate the completion <br />97of the Work in accordance with the terms and conditions of this Agreement. Contractor <br />98may not remove or replace Project Contracts without the prior approval of the City. <br />99 <br />Standard of Care. <br />1007.All Work performed by the Contractor under this Agreement shall be <br />101in accordance with the normal standard of care in Ramsey County, Minnesota, for <br />102professional services of like kind. <br />103 <br />Audit Disclosure. <br />1048. Any reports, information, data and other written documents given to, or <br />105prepared or assembled bythe Contractor under this Agreement which the City requests to <br />106be kept confidentialshall not be made availableby the Contractor to any individual or <br />107organization without the City’s prior written approval. The books, records, documents and <br />108accounting procedures and practices of the Contractor or other parties relevant to this <br />109Agreement are subject to examination by the City and either the Legislative Auditor or the <br />110State Auditor for a period of six (6) years after the effective date of this Agreement. The <br />111Contractor shall at all times abide by Minn. Stat. § 13.01 et seq. andthe Minnesota <br />112Government Data Practices Act, to the extent the Act is applicable to data, documents, and <br />113other information in the possession of the Contractor. <br />114 <br />Termination. <br />1159.This Agreement may be terminated at any time by the City, with or without <br />116cause, by delivering to the Contractor at the address of the Contractor set forth on page 1, <br />117a written notice at least seven (7)days prior to the date of such termination. The date of <br />118termination shall be stated in the notice. Upon terminationthe Contractor shall be paid for <br />119services rendered (and reimbursable expenses incurred if required to be paid by the City <br />120under this Agreement)by the Contractor through anduntil the date of termination so long <br />121as the Contractor is not indefault under this Agreement. If however, the City terminates <br />122the Agreement because the Contractor is in default of its obligations under this Agreement, <br />123no further payment shall be payable or due to the Contractor following the delivery of the <br />124termination notice, and the City may, in addition to any other rights or remedies it may <br />125have,retain another Contractor to undertake or complete the Work to be performed <br />126hereunder. <br />127 <br />Subcontractor. <br />12810.The Contractor shall not enter into subcontracts for services provided <br />129under this Agreement without the express written consent of the City. The Contractor shall <br />130promptly pay any subcontractor involved in the performance of this Agreement as required <br />131by the State PromptPayment Act. <br />132 <br />Independent Contractor. <br />13311. At all times and for all purposes herein, the Contractor is an <br />134independent contractor and not an employee of the City. No statement herein shall be <br />135construed so as to find the Contractor an employee of the City. <br /> <br />