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the Metropolitan Council will be paid by the CITY and shall not exceed fifty thousand <br />and no/100 dollars ($50,000.00). Within 30 days after this contract is put into effect, the <br />CONTRACTOR shall provide to the CITY a chart and/or table showing estimated <br />monthly billing invoice amounts. The CITY may then apply payment percentages herein <br />to ensure that adequate funds are available to meet invoice requirements. <br />B. Terms of payment. <br />The CONTRACTOR shall submit monthly invoices based on services rendered and rates <br />as referenced in Attachment B. Monthly invoices shall be submitted in conjunction with <br />the required progress reports. Payments shall be made by the CITY based on the <br />following schedule. Upon approval of each invoice, 40% of the invoice amount owed by <br />the CITY will be paid by the CITY. Upon approval by the CITY's authorized agent of a <br />draft report, 30% of the total amount invoiced by CONTRACTOR to the date of draft <br />report submittal that is owed by the CITY will be paid by the CITY. Upon approval by <br />the CITY's authorized agent of a final report, 25010 of the total amount invoiced by <br />CONTRACTOR to the date of final report submittal that is owed by the CITY will be <br />paid by the CITY. Upon completion of the project, including public testimony, the <br />remainder of the amount due from the CITY based on total invoices submitted will be <br />paid by the CITY. The CITY will make invoice payments no later than 45 days <br />following receipt of the invoice. <br />Invoices eligible for reimbursement by the Metropolitan Council will be submitted, upon <br />receipt by the CITY, to the Metropolitan Council. Funds reimbursed to the CITY from <br />the Metropolitan Council will be forwarded immediately to the CONTRACTOR. <br />III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant <br />to this contract shall be performed to the satisfaction of the CITY, as determined to the <br />sole discretion of its authorized agent, and in accord with all applicable federal, state and <br />local laws, ordinances, rules and regulations. CONTRACTOR shall not receive payment <br />for work found by the CITY to be unsatisfactory, or performed in violation of federal, <br />state or local law, ordinance, rule or regulation. <br />IV. TERMS OF CONTRACT. This contract shall be effective on the date fully <br />executed and shall remain in effect until June 30, 1991 or until all obligations set forth in <br />this contract have been satisfactorily fulfilled, whichever occurs first. <br />V.• CANCELLATION. This contract may be cancelled by the CITY or the <br />CONTRACTOR at any time, with or without cause, upon thirty (30) days written notice <br />to the other party. In the event of such a cancellation, CONTRACTOR shall be entitled <br />to payment for work or services satisfactorily performed. <br />VI. AUTHORIZED AGENTS. The CITY's authorized agent for the purposes of <br />administration of this contract is Todd Williams. The alternate authorized agent for the <br />CITY shall be the Mayor of Lake Elmo. Such agent shall have final authority for <br />acceptance of CONTRACTOR's services and if such services are accepted as <br />satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph <br />B. The CONTRACTOR'S project manager shall be Chris Lough of DPRA <br />Incorporated. <br />2 <br />