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6. Project Manager and Staffing. The Consultant has designated Michael Lamb and Suzanne S. <br />Rhees, AICP to serve on the Project. They shall be assisted by other staff inembers as <br />necessary to facilitate the completion of the Work in accordance with the terms established <br />herein. Consultant may not remove or replace these designated staff from the Project without <br />the approval of the City. <br />7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with <br />the standard of care in Ramsey County, Minnesota for professional services of the like kind. <br />8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by <br />the Consultant under this Agreement which the City requests to be kept confidential, shall not <br />be made available to any individual or organization without the City's prior written approval. The <br />books, records, documents and accounting procedures and practices of the Consultant or other <br />parties relevant to this Agreement are subject to examination by the City and either the <br />Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this <br />Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota <br />Government Data Practices Act, to the extent the Act is applicable to data and documents in the <br />possession of the Consultant. <br />9. Termination. This Agreement may be terminated by either party by seven (7) days written <br />notice delivered to the other party at the address written above. Upon termination under this <br />provision, if there is no fault of the Consultant, the Consultant shall be paid for services <br />rendered and reimbursable expenses until the effective date of termination. If however, the City <br />terminates the Agreement because the Consultant has failed to perform in accordance with this <br />Agreement, the City may retain another consultant to undertake or complete the work identified <br />in Paragraph 1 and the Consultant shall be paid for services rendered to the effective date of <br />termination less the City's replacement consultant cost to have the Consultant's uncompleted <br />scope of services completed. <br />10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under <br />this Agreement except as noted in the Scope of Work, without the express written consent of <br />the City. The Consultant shall pay any subcontractor involved in the performance of this <br />Agreement within the ten (10) days of the Consultant's receipt of payment by the City for <br />undisputed services provided by the subcontractor. If the Consultant fails within that time to pay <br />the subcontractor any undisputed amount for which the Consultant has received payment by the <br />City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of <br />1.5 percent per month or any part of a month. The minimum monthly interest penalty payment <br />for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the <br />Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who <br />prevails in a civil action to collect interest penalties from the Consultant shall be awarded its <br />costs and disbursements, including attorney's fees, incurred in bringing the action. <br />11. Independent Consultant. At all times and for all purposes herein, the Consultant is an <br />independent contractor and not an employee of the City. No statement herein shall be <br />construed so as to find the Consultant an employee of the City. <br />12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not <br />discriminate against any employee or applicants for employment because of race, color, creed, <br />religion, national origin, sex, marital status, status with regard to public assistance, disability, <br />sexual orientation or age. The Consultant shall post in places available to employees and <br />applicants for employment, notices setting forth the provision of this non-discrimination clause <br />� <br />