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STATE OF MINNESOTA <br />GRANT CONTRACT <br />• This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ("State") and City <br />of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014 (`Grantee "). <br />• <br />• <br />Recitals <br />1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant. <br />2. The State is in need of assistance in the promotion of renewable energy resources. <br />3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to <br />the satisfaction of the State. <br />Grant Contract <br />1 Term of Grant Contract <br />1.1 Effective date: 10/01/2010, or the date the State obtains all required signatures under Minnesota Statutes <br />Section 16C.05, subdivision 2, whichever is later. <br />The Grantee must not begin work under this grant contract until this contract is fully executed and the <br />Grantee has been notified by the State's Authorized Representative to begin the work. <br />1.2 Expiration date: 03/31/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. <br />1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. <br />Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and <br />Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; and Exhibit A, Section C. <br />2 Grantee's Duties <br />The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by <br />reference. <br />3 Time <br />The Grantee must comply with all the time requirements described in this grant contract. In the performance of this <br />grant contract, time is of the essence. <br />4 Consideration and Payment <br />4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as <br />follows: <br />4.1.1. Compensation. The Grantee will be paid the lesser of Eight -Nine Thousand Nine Hundred Thirty - <br />Seven dollars and Forty cents ($89,937.40) or Fifty percent (50.00 %) of actual eligible costs incurred <br />in the performance of the Grantee's duties according to the breakdown of costs contained in the grant <br />budget (Exhibit A) which is attached to and incorporated into this grant contract. <br />4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred <br />by the Grantee as a result of this grant contract will not exceed Zero dollars (5 0.00); provided that the <br />Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater <br />amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of <br />Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred <br />outside Minnesota unless it has received the State's prior written approval for out of state travel. <br />Minnesota will be considered the home state for determining whether travel is out of state. <br />4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the <br />Grantee under this grant contract will not exceed Eight -Nine Thousand Nine Hundred Thirty -Seven <br />dollars and Forty cents ($89,937.40) or Fifty percent (50.00 %) of the total actual, eligible costs <br />incurred in the performance of the Grantee's duties specified in Exhibit A. <br />4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract <br />will be met by Grantee: No less than Fifty percent (50.00 %) of the total actual, eligible costs incurred in the <br />performance of the Grantee's duties specified in Exhibit A. <br />G -City of Lino Lakes - Commerce <br />Grant (Rev 08/10) <br />-45- <br />