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Request for Proposals <br />Elk River Arena and Lion John Weicht Park Facilities <br />-------------------------- <br />Page 8 of 8 <br />2. The city shall retain ownership of all documents, plans, maps, reports and data prepared under this <br />proposal. In addition to being provided hard copies and digital documents throughout the project, <br />the consultant shall supply the city with a fully -scanned (Laserfiche) project file upon completion. <br />3. If, for any reason, the consultant is unable to fulfill the obligations under the contract in a timely and <br />proper manner, the city reserves the right to terminate the contract by written notice. In this event, <br />the firm shall be entitled to just and equitable compensation for any satisfactory work completed to <br />that point at the discretion of the Parks and Recreation Director. <br />4. The consultant shall not assign or transfer any interest in the contract without prior written consent <br />of the city. <br />5. The consultant shall maintain comprehensive general liability insurance in accordance with Section <br />466.04 of Minnesota Statutes. <br />The consultant shall defend, indemnify and hold harmless the city, its officials, employees and <br />agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including <br />attorney fees, arising out of or resulting from the consultant's (including its officials, agents, sub - <br />consultants or employees) performance of the duties required under the contract, provided that any <br />such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or <br />injury to or destruction of property including the loss of use resulting therefrom and is caused in <br />whole or in part by any negligent act or omission or willful misconduct of consultant. <br />7. The consultant contract shall be governed by the laws of the State of Minnesota. <br />8. Project summaries shall be submitted with each invoice during the course of the project. Each <br />summary shall detail the amount billed to date, outstanding work items with costs to completion, <br />and timelines. Invoices submitted to the city shall include a detailed breakdown of all chargeable <br />items for that period. <br />Section 7 Appendix <br />Elk River Arena and Lion John Weicht Park Concept Plans <br />Standard Professional Services Agreement <br />