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8.1. HRSR 03-07-2016
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8.1. HRSR 03-07-2016
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3/4/2016 11:14:38 AM
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City Government
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HRSR
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3/7/2016
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D. It has not made any materially false statements or misstatements of fact in <br /> communication with the HRA. <br /> 6. Cancellation of Agreement. This Agreement may be canceled by the HRA or <br /> Administrator at any time, with or without cause, upon thirty(30) days written notice to <br /> other party. In the event of such a cancellation, the Administrator shall be entitled to <br /> administrative fee payment, determined on a pro-rata basis, for work or services <br /> performed. <br /> 7. Term of Agreement. This Agreement shall be effective as of the date first written above <br /> and shall remain in effect until December 31, 2016, unless sooner terminated due to <br /> project completion or in accordance with the provisions contained herein. <br /> 8. Record Keeping and Reporting. The Administrator shall supply such records and <br /> receipts as are necessary for the HRA to verify complete and total compliance with the <br /> Program. The Administrator shall retain all records in connection with each project and <br /> will forward applicable files to the HRA for each project to set up loan payment schedule. <br /> Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Administrator agrees that the <br /> books, records, documents,and accounting procedures and practices of the Administrator <br /> that are relevant to or arise as a result of the Administrator's performance under this <br /> Agreement, are subject to examination by the HRA and the state auditor or legislative <br /> auditor for a minimum of six years. The Administrator shall maintain such records for a <br /> minimum of six years after fmal payment. <br /> 9. Data Practices. The Administrator agrees, with respect to any data that is possesses <br /> regarding the Program, to comply with all of the provisions and restrictions contained in <br /> the Minnesota Government Data Practices Act(Minn. Stat. Ch. 13). <br /> 10. Liability. The Administrator and the HRA agree that they will be responsible for their <br /> own acts and omissions and the results thereof to the extent authorized by law, and they <br /> shall not be responsible for the acts and omissions of the other party and the results <br /> thereof. Nothing in this Agreement shall constitute a waiver or limitation of any <br /> immunity or limitation on liability to which the HRA is entitled. The parties agree that <br /> these indemnification obligations will survive the completion or termination of this <br /> Agreement. <br /> 11. Relationship of the Parties. The Administrator is an independent contractor. Nothing <br /> contained in this Agreement is intended or should be construed in any manner as creating <br /> or establishing the relationship of co-partners or a joint venture between the parties <br /> hereto, nor shall the Administrator be considered or deemed to be an employee of the <br /> HRA in the performance of this Agreement. The Administrator' duties will be performed <br /> with the understanding that Administrator has special expertise as to the services which <br /> the Administrator is to perform and is customarily engaged in the independent <br /> performance of the same or similar services for others. <br /> 3 <br />
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