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Revised 1/27/22 The payment of invoices shall be subject to the following provisions: 93 94 A. The City shall have the right to suspend the Work to be performed by the 95 Consultant under this Agreement when it deems necessary to protect the City, 96 residents of the City or others who are affected by the Work. If any Work to be 97 performed by the Consultant is suspended in whole or in part by the City, the 98 Consultant shall be paid for any services performed prior to the delivery upon 99 Consultant of written notice from the City of such suspension. 100 101 B. The Consultant shall be reimbursed for services performed by any third party 102 independent contractors and/or subcontractors only if the City has authorized the 103 retention of and has agreed to pay such persons or entities pursuant to Section 3B 104 above. 105 106 6. Project Manager and Staffing. The Consultant has designated Kim O’Brien (“Project 107 Contacts”) to perform and /or supervise the Work, and as the persons for the City to 108 contact and communicate with regarding the performance of the Work. The Project 109 Contacts shall be assisted by other employees of the Consultant as necessary to facilitate 110 the completion of the Work in accordance with the terms and conditions of this 111 Agreement. Consultant may not remove or replace Project Contracts without the prior 112 approval of the City. 113 114 7. Standard of Care. All Work performed by the Consultant under this Agreement shall be 115 in accordance with the normal standard of care in Ramsey County, Minnesota, for 116 professional services of like kind. 117 118 8. Audit Disclosure. Any reports, information, data and other written documents given to, 119 or prepared or assembled by the Consultant under this Agreement which the City requests 120 to be kept confidential shall not be made available by the Consultant to any individual or 121 organization without the City’s prior written approval. The books, records, documents 122 and accounting procedures and practices of the Consultant or other parties relevant to this 123 Agreement are subject to examination by the City and either the Legislative Auditor or 124 the State Auditor for a period of six (6) years after the effective date of this Agreement. 125 The Consultant shall at all times abide by Minn. Stat. § 13.01 et seq. and the Minnesota 126 Government Data Practices Act, to the extent the Act is applicable to data, documents, 127 and other information in the possession of the Consultant. 128 129 9. Termination. This Agreement may be terminated at any time by the City, with or 130 without cause, by delivering to the Consultant at the address of the Consultant set forth 131 on page 1, a written notice at least seven (7) days prior to the date of such termination. 132 The date of termination shall be stated in the notice. Upon termination the Consultant 133 shall be paid for services rendered (and reimbursable expenses incurred if required to be 134 paid by the City under this Agreement) by the Consultant through and until the date of 135 termination so long as the Consultant is not in default under this Agreement. If however, 136 the City terminates the Agreement because the Consultant is in default of its obligations 137 under this Agreement, no further payment shall be payable or due to the Consultant 138 ATTACHMENT A