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03-11-1996 02:51PM 6127828578 P.02 <br /> • <br /> •Securing a high-tech business that would agree to either move its entire <br /> • operations to Elk River or to move a substantial number of its production jobs to <br /> Elk River after the company has been successfully incubated in the twin cities. <br /> The type of company to be recruited to the community shall be comparable to <br /> SurVivaLink Corporation. This company would likely require incubation in the <br /> twin cities for six to twelve months prior to the company being ready to move as <br /> described above. <br /> •Participating in a comprehensive effort to establish:a local incubator facility in <br /> Elk River in order to bring the high -tech, start-ups straight to Elk River upon <br /> their identifications rather than having to wait for a period of time prior to the <br /> 'transplantation' from a twin cities incubator facility. <br /> Gergesis shall meet with the Elk River EDA for the purpose of formulating the <br /> paralmeters for the search process for each of these three above goals and objectives. <br /> The;Municipality acknowledges that this will require an attractive economic incentive <br /> package for the company and that said package will likely require a substantial <br /> commitment of venture capital to the company for its use during its period of <br /> incubation. <br /> The services of fir. Jacobs shall be billed against a retainer at the rate of $ 125 <br /> per hour including all travel time. Mileage at the rate of $ .30 per mile shall be paid for <br /> whatever travel is necessary whether in the twin cities or between the twin cities and <br /> Elk River ( but only for mileage incurred in the strict performance of the tasks described <br /> aboi'e). Genesis shall be reimbursed by the Municipality for all reasonable out of <br /> pocket costs that may be incurred provided however that any expenditure over $100 <br /> will require the advance'approval of the Municipality. The retainer shall be $5,000 and <br /> will be provided to Genesis upon the signing of this Agreement. <br /> When the billings for time, and expenses shall have first exceeded the $ 5,000 <br /> retainer, such excess will be due and payable within ten days of presentation of the <br /> invoice to the Municipality. Thereafter, billings for time and expenses in any given <br /> month will be submittediwithin ten days following the close of each month. The terms <br /> for each invoice will be net 10. <br /> The Municipality shall have the right to terminate this consulting service contract <br /> at any time provided that all billings for services and expenses incurred prior to thb <br /> date of the receipt of the notice shall be paid in full immediately. However, the initial <br /> retainer shall not be subject to recovery in any event. <br /> This Agreement :shall be construed according to the laws of the State of <br /> Minnesota. The parties;hereby agree to binding arbitration for the resolution of ariy <br /> disputes. The parties hetebagree to be bound by the terms and conditions described <br /> above. <br /> i <br /> • <br />