11-13-1991 Council Agenda - Laserfiche WebLink

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(d) That this Grant Agreement may be canceled or terminated by the Grantor or Grantee or any other person authorized to grant the contracts for employment, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Grant Agreement or contract made pursuant thereto. G. General Conditions: 1. This Agreement shall be in effect on the date of encumbrance by the Commissioner of Finance and shall remain in effect until June 30, 1992, or until all obligations set forth in this Agreement have been satisfactorily fulfilled. 2. This Agreement may be canceled by Grantor or Grantee, with cause, upon thirty (30) days written notice to the other party. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro -rata basis, for work or services satisfactorily performed. Those funds not expended, obligated or encumbered toward the Project Proposal by June 30, 1992 shall be returned to the Grantor for return to the appropriate fund as provided by law. 3. Notwithstanding Grantee's right to amend the Project Proposal pursuant to term A of this agreement, the parties must mutually agree to any change in the Project Proposal. Written submission of such change to a party must be acted on in 30 days by the other party or considered acceptable and incorporated into the Project Proposal. 4. Each party agrees that it shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party and the results thereof. Grantor's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. Section 3.736, and other applicable law. Grantee's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable law. This clause shall not be construed to bar any legal remedies either party may have for any other party's failure to fulfill its obligations pursuant to this Grant Agreement. 5. Grantor shall have full access to all records, reports, and works of a similar nature needed to administer this Agreement. 6. The fiscal records, documents and accounting procedures and practices of Grantee relevant to this Agreement shall be subject to examination by Grantor, the State Auditor and /or the Legislative Auditor, and the Small Business Administration (SSA) or its authorized agents. 7. This document including the Project Proposal and Grant Application Package constitute the entire Agreement between the parties. This Agreement, except as stated herein, may not be amended except in writing by mutual agreement of the parties. 8. Grantee agrees to fulfill all requirements of the Small Business Administration (SBA) Natural Resources Development Program for Community Tree Planting [reference 56 Federal Register 22990 -22993 (May 17, 1991) to be codified at 13 CFR parts 121.1013 and 125.12) including all applicable Federal laws and guidelines for federally funded projects. (3) Page 18