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<br />1 <br /> <br />METROPOLITAN COUNCIL <br />CLEAN WATER FUND GRANT AGREEMENT NO. SG-17778 <br /> <br />This Clean Water Fund Grant Agreement ("Grant Agreement") is entered into between the Metropolitan <br />Council, a public corporation and political subdivision of the State of Minnesota ("Council") and the City of New <br />Brighton, a municipal corporation ("Grantee"). <br />RECITALS <br />1. Minnesota Session Laws 2021, 1st Special Session, Chapter 1, Article 2, Section 8, appropriated <br />to the Council funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal <br />years 2022 and 2023, to establish a water demand reduction grant program to encourage municipalities in the <br />metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of <br />drinking water supplies. <br />2. The Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and <br />use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with <br />the terms of the appropriation. <br />3. The Grantee is authorized to receive grants from the Clean Water Fund for a water demand <br />reduction program to implement measures to reduce water demand to ensure the reliability and protection of <br />drinking water supplies. <br />4. On May 4, 2022, the Council authorized the granting of portions of the appropriation to the <br />Grantees participating in the grant program. <br />5. The Grantee represents that it is duly qualified and agrees to perform all services described in this <br />Grant Agreement to the reasonable satisfaction of the Council. <br />GRANT AGREEMENT <br />1. Term of Grant Agreement. <br />1.1. Effective Date. The effective date of this Grant Agreement is the date this agreement is fully <br />executed. <br />1.2. Grant Activity Period. The first day of the month following the Effective Date through and <br />including the expiration date. <br />1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30, <br />2024. <br />1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of <br />this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data <br />Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility. <br />2. Duties, Representations and Warranties of Grantee and Use of Grant Funds. <br />2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner and in accordance <br />with the terms and conditions of this Grant Agreement the program ("Grantee Program") which is