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7.3. EDSR 08-17-2020
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7.3. EDSR 08-17-2020
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8/14/2020 10:36:59 AM
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8/17/2020
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PROFESSIONAL SERVICES AGREEMENT <br /> BETWEEN: Economic Development Authority of the City of Elk River <br /> AND: The Milligan Studio LLC <br /> EFFECTIVE DATE: August 17, 2020 <br /> This Professional Services Agreement(this"Agreement")is made this 17 day of August,2020,by <br /> and between the Economic Development Authority of the City of Elk River, a public body corporate and <br /> politic under laws of the State of Minnesota,hereinafter referred to as the"EDA", and The Milligan Studio <br /> LLC, a Minnesota limited liability company,hereinafter referred to as the"Consultant": <br /> RECITALS <br /> A. The Consultant is engaged in the business of providing professional public art design, documentation, <br /> fabrication, and installation services. <br /> B. The EDA desires to engage the Consultant to provide the services described in this Agreement and the <br /> Consultant is willing to provide such services on the terms and conditions set forth herein. <br /> AGREEMENT <br /> 1. Services to be Provided. The Consultant agrees to provide the EDA with public art design, <br /> documentation, fabrication, and installation services as set forth in the Scope of Work proposal <br /> attached hereto as Exhibit A and/or any supplemental letter agreements entered into between the <br /> EDA and the Consultant (the "Work"). The services referenced in the attached Exhibit A or any <br /> supplemental letter agreements shall be incorporated into this Agreement by reference. All Work <br /> shall be provided in a manner consistent with the level of care and skill ordinarily exercised by <br /> professionals currently providing similar services. <br /> 2. Term for Completion. This Agreement shall remain in force and effect commencing from <br /> August 17, 2020 and continuing until the completion of the Work not later than June 30, 2021 in <br /> accordance with the timeline set forth in Exhibit A, unless terminated by the EDA or amended <br /> pursuant to this Agreement. <br /> 3. Consideration. The consideration,which the EDA shall pay to the Consultant, for both the Work <br /> performed by the Consultant and the expenses incurred by the Consultant in performing the Work, <br /> shall not exceed $20,000 in accordance with the budget set forth in Exhibit A. The EDA shall <br /> reimburse the Consultant 25%of upfront costs for materials upon execution of this Agreement and <br /> the balance shall be paid to the Consultant upon satisfactory completion and installation of the <br /> Work.] [The EDA shall make progress payments, based on invoices from Consultant. The EDA's <br /> payment shall be made within 30 days after Consultant's statement. Consultant's statement shall <br /> contain a detailed list of project labor and hours, rates, titles, and amounts undertaken by the <br /> Consultant during that billing period. <br /> EL185-13-668416.v2 <br />
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