2.6a ERMU 12-12-2023 - Laserfiche WebLink

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Elk River Municipal Utilities Standard Agreement for Professional Services “Termination Date”). Upon any such termination, Consultant shall be entitled to receive, and Utilities shall be obligated to pay, all fees for services rendered by that date. 3. Payments to Consultant. 3.1 Fee Schedule for Services and Expenses of Consultant. The Fees for Professional Services shall be as specified in Exhibit Aand shall comprise a one-time set up fee of $15,000 and $10,000 per month + $0.0187 per kWh delivered for Utilities’ 2024 savings goal of 3,200,000 kWh. 3.2 Times of Payments. Consultant shall submit monthly statements for Professional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon Consultant’s estimate of the proportion of the total services actually completed at the time of billing. Utilities shall make prompt monthly payments in response to Consultant’s monthly statements. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment from Utilities. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 3.3 Financial Records and Audits. Records pertinent to Consultant’s compensation under this Agreement will be kept in accordance with generally accepted accounting principles. Copies will be made available to Utilitiesat cost on request prior to final payment for Consultant’s services, and shall be subject to inspection and audit by Utilities or state audit officials. Consultant shall provide Utilities access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 4. Ownership of Documents. All documents including Plans and Specifications prepared or furnished by Consultant (and Consultant’s independent professional associates and consultants) pursuant to this Agreement are instruments of service and Utilitieswill be provided with original record drawing copies; however, such documents are not intended or represented to be suitable for reuse by Utilities or others on extensions of any other project. Where the documents exist in electronic format, they shall be provided to Utilities in that format, or converted to a format determined by Utilities. Any reuse without written verification or adaptation by Consultant for the specific purpose intended will be at Utilities’ sole risk. 5. Minnesota Government Data Practices Act. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to (1) all data provided by Utilitiespursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes § 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify 228829v1