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BRW Project # <br /> BRW, INC. <br /> SER VICE A GREEMENT FOR <br /> THE CITY OF ST. ANTHONY <br /> THIS AGREEMENT is made effective as of this 30th day of September, 1996, by and between the City <br /> of St. Anthony ("City"), a municipal corporation of the State of Minnesota with an address at 3301 Silver Lake <br /> Road, St. Anthony, MN, and BRW, Inc., also known as'BRW Planning, Transportation and Engineering, Inc., <br /> ("BRW") a Wyoming corporation with an address at 700 Third Street South, Minneapolis, MN, 55415. <br /> RECITALS <br /> WHEREAS, City desires to retain BRW to provide certain professional services with respect to City's <br /> project known as the Comprehensive Plan Update ("Project"); and <br /> WHEREAS, BRW agrees to provide such services upon the terms and conditions contained herein. <br /> NOW THEREFORE, the parties hereto agree as follows: <br /> SECTION 1: BRW'S RESPONSIBILITIES <br /> 1.1 BRW agrees to provide the professional services ("Services") described in Exhibit A attached hereto and <br /> made a part hereof. BRW may also perform additional tasks as may be requested by City and described on an <br /> Addendum executed by the parties in substantially the form attached hereto as Exhibit B. Any.Addendum shall C <br /> have the same force and effect as if executed as part of the original Agreement. In performing our Services, we <br /> will use that degree of care and skill ordinarily exercised under similar circumstances by members of our <br /> • profession practicing in the same locality. <br /> { <br /> 1.2 The parties hereby agree that situations may arise in which services other than those described on Exhibit A <br /> are desired by City, and the time period for completion of such Services makes execution of an Addendum <br /> impractical prior to the commencement of BRW's performance of the requested Services. BRW hereby agrees <br /> that it shall perform such Services upon the oral request of City, pending execution of an Addendum, at its <br /> standard hourly billing rates. <br /> 1.3 BRW will perform the Services as an independent contractor, and shall not be deemed, by virtue of this <br /> Agreement to have entered into any partnership,joint venture or other relationship with City. <br /> 1.4 Bill Weber is designated by BRW as the Project Manager for BRW's Services. Kim Moore-Sykes is <br /> designated by City as the City's Project Manager. Either party may rely upon the representations, approvals or <br /> other actions of the other party's Project Manager. <br /> 1.5 BRW represents and agrees that BRW has not employed any person to solicit or procure this Agreement, <br /> and has not made, and will not make, any payment or any agreement for payment of any commission, <br /> percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this <br /> Agreement. BRW further represents and agrees that he has not now and will not acquire any interest, direct or <br /> indirect, present or prospective, in any of the property subject to this Agreement, during the term of this <br /> Agreement. BRW further represents that it has not employed, and will not employ in connection with the <br /> Services to be performed hereunder, any person having an interest, direct or indirect, in any of the property <br /> subject to this Agreement during the term of this Agreement. <br /> 1.6 BRW agrees to provide the necessary Workers' Compensation insurance at BRW's own cost and expense <br /> for itself and any employees employed by BRW. BRW, and consulting agent and employees in the performance <br /> of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the City. <br /> STANCONT.WPD Rev. September 30, 1996 <br />