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Attachment A <br />Revised 1/28/21 <br />93 The payment of invoices shall be subject to the following provisions: <br />94 <br />95 A. The City shall have the right to suspend the Work to be performed by the <br />96 Consultant under this Agreement when it deems necessary to protect the City, <br />97 residents of the City or others who are affected by the Work. If any Work to be <br />98 performed by the Consultant is suspended in whole or in part by the City, the <br />99 Consultant shall be paid for any services performed prior to the delivery upon <br />100 Consultant of written notice from the City of such suspension. <br />101 <br />102 B. The Consultant shall be reimbursed for services performed by any third party <br />103 independent contractors and/or subcontractors only if the City has authorized the <br />104 retention of and has agreed to pay such persons or entities pursuant to Section 3B <br />105 above. <br />106 <br />107 6. Project Manager and Staffing. The Consultant has designated Kim O’Brien (“Project <br />108 Contacts”) to perform and /or supervise the Work, and as the persons for the City to <br />109 contact and communicate with regarding the performance of the Work. The Project <br />110 Contacts shall be assisted by other employees of the Consultant as necessary to facilitate <br />111 the completion of the Work in accordance with the terms and conditions of this <br />112 Agreement. Consultant may not remove or replace Project Contracts without the prior <br />113 approval of the City. <br />114 <br />115 7. Standard of Care. All Work performed by the Consultant under this Agreement shall be <br />116 in accordance with the normal standard of care in Ramsey County, Minnesota, for <br />117 professional services of like kind. <br />118 <br />119 8. Audit Disclosure. Any reports, information, data and other written documents given to, <br />120 or prepared or assembled by the Consultant under this Agreement which the City requests <br />121 to be kept confidential shall not be made available by the Consultant to any individual or <br />122 organization without the City’s prior written approval. The books, records, documents <br />123 and accounting procedures and practices of the Consultant or other parties relevant to this <br />124 Agreement are subject to examination by the City and either the Legislative Auditor or <br />125 the State Auditor for a period of six (6) years after the effective date of this Agreement. <br />126 The Consultant shall at all times abide by Minn. Stat. § 13.01 et seq. and the Minnesota <br />127 Government Data Practices Act, to the extent the Act is applicable to data, documents, <br />128 and other information in the possession of the Consultant. <br />129 <br />130 9. Termination. This Agreement may be terminated at any time by the City, with or <br />131 without cause, by delivering to the Consultant at the address of the Consultant set forth <br />132 on page 1, a written notice at least seven (7) days prior to the date of such termination. <br />133 The date of termination shall be stated in the notice. Upon termination the Consultant <br />134 shall be paid for services rendered (and reimbursable expenses incurred if required to be <br />135 paid by the City under this Agreement) by the Consultant through and until the date of <br />136 termination so long as the Consultant is not in default under this Agreement. If however, <br />137 the City terminates the Agreement because the Consultant is in default of its obligations <br />138 under this Agreement, no further payment shall be payable or due to the Consultant <br /> <br />