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2 <br /> <br />for overseeing the performance of work by Consultant under this Agreement and will serve <br />as the primary contact with the City. <br /> <br /> 2.3 Documentation. The Consultant shall maintain complete and accurate records and <br />files pertaining to the services and benefits provided pursuant to this Agreement. The <br />Consultant will comply with the City’s requests for any information or documentation <br />related to the Project. The Consultant shall also provide documentation as necessary to the <br />City to ensure compliance with Minnesota Statute § 477A.36 and all reporting <br />requirements required by the State of Minnesota. <br /> <br />2.4 Quarterly Reporting. The Consultant shall submit to the City a quarterly report by <br />the 15th of January, April, July, and October during the term of the Agreement. Each report <br />shall include a summary of the work completed by the Consultant for the City. All work <br />documented shall be for the benefit of residents/persons who are found within the limits of <br />the City of Elk River. Each report shall also provide an accounting of Project costs that <br />includes a break-down of direct benefit costs and administrative costs. <br /> <br /> 2.5 Project Start Date. The Consultant shall start work on the Project upon full <br />execution of the Agreement. <br /> <br /> 2.6 Standard of Care and Liability for Work. In performing the work under this <br />Agreement, the Consultant will use that degree of care, knowledge and skill ordinarily <br />exercised by other reputable professionals in the field under like circumstances within the <br />State of Minnesota. <br /> <br />3. ITEMS PROVIDED BY THE CONSULTANT. <br /> <br />All data or materials developed by the Consultant will remain the property of the <br />Consultant upon expiration or termination of this Agreement. <br /> <br />4. PAYMENT TO CONSULTANT. <br /> <br />4.1 Payment Schedule. The total amount payable to the Consultant for services under <br />this Agreement shall not exceed $50,000, to be paid in five installments as provided for <br />herein. An initial $10,000 payment shall be made to the Consultant upon full execution of <br />this Agreement. Following the City’s initial payment, $10,000 shall be paid to the <br />Consultant every 90 days during the term of this Agreement. In the event funds paid to <br />Consultant under this paragraph remain unspent by Consultant upon expiration of the <br />Agreement’s term, the parties shall have the option to extend this Agreement or the <br />Consultant shall return the funds back to the City. Any extension of this Agreement shall <br />be effectuated by execution of a written amendment to this Agreement signed by the <br />parties. <br /> <br />4.2 Use of Payments. At least 90% of the total funds paid to Consultant under <br />paragraph 4.1 shall be spent on direct benefits for individuals or families. No more 10% of <br />Page 59 of 322