3.10.A. SR 05-02-2011 - Laserfiche WebLink

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STATE OF MINNESOTA GRANT CONTRACT This Grant Contract is between the State of Minnesota, acting through its Commissioner of the MINNESOTA POLLUTION CONTROL AGENCY, 520 Lafayette Road North, St. Paul, MN 55155 ("State") and the CITY OF ELK RIVER, 13065 Orono Parkway, Elk River, Minnesota 55330 ("Grantee"). Recitals 1. Under Minnesota Statutes § 116.195, the State is empowered to enter into this Grant Contract. 2. The State is providing Grant assistance for public improvements for the beneficial use of wastewater effluent (the "Project"), defined by Minnesota Statutes § 116.195 as the use of wastewater effluent from a publicly owned wastewater treatment plant to replace the use of groundwater. 3. "Pre-design" as referenced in § 116.195 is substantially the same as "Facilities Planning" as defined in Minnesota Rules 7077.0272 and "Facilities Planning" is the common and accepted usage. "Design" as referenced in Minnesota Statutes § 116.195 is substantially the same as "Plans and Specifications" as defined in Minnesota Rules 7077.0274 and "Plans and Specifications" is the common and accepted usage. In this Grant Contract and in Attachments to this Grant Contract where Minnesota Statutes § 116.195 calls for "Pre-Design," the term "Facilities Planning" will be used and where Minnesota Statutes § 116.195 calls for "Design," the term "Plans and Specifications" will be used. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. Grant Contract 1. Term of Grant Contract 1.1 Effective date: May 6, 2011, or the date the State obtains all required signatures under Minnesota Statutes § 16C.05, Subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. Work completed on the Project prior to execution of this Grant Contract by the State shall not be eligible for Grant assistance nor shall expenditures incurred by the Grantee prior to execution of this Grant Contract be eligible as match according to the Terms and Conditions provided herein. The State's Authorized Representative shall notify the Grantee when this Contract has been executed by the State. 1.2 Expiration date: June 30, 2013, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: Liability; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. 1.4 Compliance. The Grantee shall maintain full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any Federal, State, or local political subdivisions having jurisdictions over any aspect of the duties performed under this Grant Contract, including construction of public improvements, and shall operate its wastewater system as modified and improved in compliance with State permitting requirements. 2. Grantee's Duties 2.1 The Grantee, who is not a State employee, will perform the specified duties set out in this Grant Contract and the Project Work Plan (ATTACHMENT A), which is attached and incorporated into this Grant Contract. 2.1.1 Facilities Plan. The Grantee will prepare a Facilities Plan that evaluates all feasible treatment and conveyance alternatives and identify a selected alternative for utilizing wastewater effluent Grant (Rev. 11/08) CR4377