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February 8, 2012 TO: Members of the GLWMO Board FROM: Tom Petersen Administrator SUBJECT: EOR's Final Invoice EOR's final invoice, dated October 20, 2011, for 3`a Generation Planning services is $2,550.95 (see attached). To date, the GLWMO has not approved payment. Background Information As you may recall, the GLWMO Board has differed payment of this invoice sense its November 17a' Board meeting pending satisfactory completion of the contracted scope of work (see attached copy of contract and work - plan). Since the Nov. 17a' meeting, it has become apparent that it will be impossible for the GLWMO to complete the Planning process as outlined in the contract and Work -Plan. That is to say, with the recent decisions of the cities (they will not revise the JPA), BWSR will not accept a Plan for the 90 day agency review and approval process. After a January 19, 2012 meeting with BWSR and MPCA staff, Chair Miller directed me to email FOR staff and direct them to cease further work on the Plan until further notice. Current Status At your January 191h meeting, you asked me to seek legal counsel from the City attorney(s) as to whether FOR has completed the Work -Plan per the contract. Per your request, I asked Duane Schwartz and Mark Maloney if they would pass our request onto their City Attorneys. I have heard from Duane and he stated that he feels the Board needs to determine if we feel satisfied with EOR's work/deliverables to date (does it meet our expectations) before we seek legal counsel. If we feel there is a void, then we could seek their counsel as to whether FOR is indeed in default of the contract. Action I recommend that we (each of you before the Board meeting) review your expectations and the work -Plan and that we determine what if anything is lacking before we determine payment on the last invoice. For example, 1. Revisions to the plan have not been incorporated into a revised draft; 2. Changes have not been made to the Executive Summary.