4.8 SR 03-21-2022 - Laserfiche WebLink

Home Browse Search

BLONDO CONSULTING, LLC SERVICES AGREEMENT This Services Agreement ("Agreement") is made as of the 3 day of March, 2022 between Blondo Consulting, LLC (the "Company"), and the City of Elk River (the "Client"). The parties agree as follows: I. SERVICES. Upon the terms and subject to the conditions set forth in this Agreement, Blondo Consulting shall provide cultural resources consulting to the Client, the specific scope and nature of which are set forth in the attached Letter Proposal, which is incorporated in to this Agreement by reference (the "Services"). The Client agrees to answer questions and/or supply Blondo Consulting with information and materials that are reasonably necessary or advisable to properly perform the Services. In the event that the scope and/or nature of the Services changes during such time as this Agreement is in effect, with the Client's approval, Blondo Consulting will undertake the performance of the additional and/or modified Services at Blondo Consulting's standard hourly rate(s) and this Agreement shall govern such Services, unless the parties agree to alternate terms by separate written agreement signed by them both. 2. PAYMENT. In consideration of the Services, the Client agrees to pay Blondo Consulting according to specific terms set forth in the Letter Proposal. Unless the Letter Proposal states otherwise, Blondo Consulting will prepare and submit to the Client a monthly invoice showing the amounts due under the terms of this Agreement. The Client agrees to pay each invoice within 30 days of receipt. If the Client fails to remit payment in full within 30 days, Blondo Consulting reserves the right to charge interest on the outstanding amount at the rate of no less than I.25% and no more than the highest, non- usurious rate permitted by law. In addition, upon seven days written notice to the Client, Blondo Consulting may, without liability, suspend services under this Agreement until all invoices have been paid in full. Payments will be credited first to interest and then to principal. The Client will pay Blondo Consulting on an hourly basis at the applicable rates as set forth in the Letter Proposal. Alternatively, Blondo Consulting may agree to undertake work on a flat-fee basis, and shall pay the portion of the flat-fee due upon the intervals set forth in the Letter Proposal. In addition to the payment of fees for services, the Client agrees to reimburse Blondo Consulting for all non-ordinary, out- of-pocket expenses incurred by Blondo Consulting or its affiliates in connection with the Services rendered by them hereunder, provided, however, that the non-ordinary, out-of-pocket expenses are pre-approved by the Client before Blondo Consulting incurs them. 3. TERMINATION AND SUSPENSION. Either party may terminate this Agreement upon providing written notice to the other party of that party's default under this Agreement and the breaching party's failure to cure such default within 30 days of such notice. Blondo Consulting may, without liability, terminate this Agreement upon seven days written notice if (a) Blondo Consulting, in its reasonable discretion, believes that the Client has requested Blondo Consulting to furnish or perform services contrary to Blondo Consulting's responsibilities as a licensed professional or (b) the Services are delayed or suspended for more than 90 days for reasons beyond Blondo Consulting's control. The Client may terminate this Agreement for convenience, upon 30 days written notice to Blondo Consulting. The parties acknowledge that the Services required by this Agreement do not include any services related to a Hazardous Environmental Condition, which includes the presence of asbestos, PCB's, petroleum, hazardous substances or waste, and radioactive materials. If a Hazardous Environmental Condition becomes present at the work site where the Services are to be performed, Blondo Consulting may,