06.01 - NJPA Planning & Zoning Service Agreement

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privileges, or benefits of employees of City, including but not limited to,workers' compensation, health/death benefits, and indemnification for third-party personal injury/property damage claims. NJPA acknowledges that no withholding or deduction for State or Federal income taxes, FICA,FUTA, or otherwise,will be made from the payments due NJPA, and that it is NJPA's sole obligation to comply with the applicable provisions of all Federal and State tax laws. NJPA shall at all times be free to exercise initiative,judgment and discretion as to how to best perform or provide services identified herein. NJPA is responsible for hiring sufficient workers to perform the services/duties required by this Agreement,withholding their taxes and paying all other employment tax obligations on their behalf. 6.4 Acceptance of Deliverables. Each deliverable shall be subject to a verification of acceptability by City to ensure such deliverable satisfies stated requirements. The acceptability of any deliverable will be based on City's satisfaction or non-satisfaction with the deliverable based on requirements of this Agreement. If any deliverable is not acceptable, City will notify NJPA specifying reasons in reasonable detail, and NJPA will,at no additional cost, conform the deliverable to stated requirements of this Agreement. 6.5 Subcontracting. NJPA shall not enter into any subcontract for performance of any services contemplated under this Agreement without the prior written approval of City. NJPA shall be responsible for the performance of all subcontractors and/or sub-consultants. As required by Minn. Stat. § 471.425, NJPA must pay all subcontractors, less any retainage,within 10 calendar days of NJPA's receipt of payment from City for undisputed services provided by the subcontractor(s)and must pay interest at the rate of one and one half percent per month or any part of a month to the subcontractor(s)on any undisputed amount not paid on time to the subcontractor(s). 6.6 Non-Discrimination. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. 6.7 Interest by City Officials. No elected official, officer,or employee of City shall during his or her tenure or employment and for one year thereafter,have any interest,direct or indirect, in this Agreement or the proceeds thereof. 6.8 Work Product. All materials such as reports, exhibits, models, graphics,computer files,maps, charts,and supporting documentation produced under work authorized by this Agreement("Materials")shall become the property of City upon completion of the work. City may use the information for the Project for which they were prepared. Such use by City shall not relieve any liability on the part of NJPA.Notwithstanding any of the foregoing to the contrary; (a)NJPA may reuse standard details of its Materials in the normal course of its business;and(b)City understands that the Materials have been prepared for a specific project, and are not intended to be reused for other purposes. If City reuses the Materials for any other purpose, City waives any claims against 4 P&Z Agreement(02/2015)