Agreement for Professional Services Yardworx Outdoor Services LLC & HRA downtown hanging baskets

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AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement"), made this " day of August, 2024, by and between the Housing and Redevelopment Authority of the City of Elk River, a public body corporate and politic under the laws of Minnesota with its principal office located at 13065 Orono Parkway, Elk River, Minnesota 55330 (the "HRA") and Yardworx Outdoor Services, LLC, a Minnesota limited liability company with its principal office located at 5392 Quam Ave NE, St Michael, MN 55376 ("Contractor"). I. SERVICES TO BE PROVIDED. Contractor will provide 24 hanging flower baskets for the HRA in the locations noted on the map attached as Exhibit A for a period of May 15, 2025 — October 15, 2027 with a +/- 15 day forgiveness dependent on conditions. Contractor shall also be responsible for upkeep of the baskets as described in its proposal which is attached as Exhibit B. Collectively, the provision of the baskets and the upkeep as described in the proposal shall be referred to as the "Services". All Services provided by Contractor under this Agreement shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professional contractors currently providing similar services. II. COST OF SERVICES. A. Contractor shall perform the Services outlined in this Agreement and its proposal at the rates set forth in Exhibit B with an amount not to exceed $61,217.10 for the term of this Agreement. Contractor shall invoice the HRA on a monthly basis for the Services performed by Contractor. Payment to Contractor by the HRA shall be due within 30 days of the date of the invoice. B. The HRA shall not be responsible for payment for any additional costs or work performed by Contractor that are outside the scope of this Agreement that are not expressly pre - approved by the HRA. III. HRA'S REPONSIBLITIES. The HRA will grant Contractor access to the properties in which the Services are being performed during daytime hours Sunday -Saturday (5:00 a.m. — 6:00 p.m. CST), including holidays. Contractor shall not perform work on Thursday afternoons during the Farmer's Market. IV. TERM AND TERMINATION OF AGREEMENT. The term of this Agreement shall commence on October 1, 2024. Contractor shall commence performing the Services pursuant to this Agreement on May 15, 2025. This Agreement shall terminate on October 15, 2027. This Agreement may be terminated earlier by either party by giving 30 days' written notice to the other parry. Upon termination, Contractor shall be paid by Page 31 of 46