#03 - MPCA Grant Agreement for Well 2 PFAS

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Grant Agreement State of Minnesota Doc Type: Contract/Grant SWIFT Contract Number: Agency Interest ID: 90810 Activity ID: PRO20240001 This Grant Agreement is between the state of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155‐4194 (“MPCA” or “State”), City of Lake Elmo, a Minnesota municipal corporation, 3880 Laverne Avenue North, Lake Elmo, MN 55042 ("Grantee" or “City”). Recitals 1. Under Minn. Stat. § 116.03, subd. 2, the State is empowered to enter into this grant. 2. The City is authorized to enter into this grant under Minn. Stat. § 412.211. 3. The State and City are in need of the City of Lake Elmo Well 2 Design and Construction project, as part of the Conceptual Drinking Water Supply Plan (Conceptual Plan), to address Perfluoroalkyl Substances (PFAS) impacts to drinking water supplies in the East Metro area. 4. Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, subd. 4(a)(1). 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98, subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Grant Agreement 1.1 Effective date: September 20, 2024, Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: December 31, 2026, 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 agreement: Indemnification; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. 2. Grantee’s Duties The City will implement expedited treatment on Well 2. Work will include planning, design, and construction phases and will provide equipment, media, and well pump/well building modifications to achieve removal of PFAS present in Well 2. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence.