03/09/2009 Council Packet - Laserfiche WebLink

Home Search

executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. b) Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. c) Waiver. If the Sub - Grantor fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. d) Grant Contract Complete. This grant contract contains all negotiations and agreements between the Sub- Grantor and Sub - Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 3. Liability. Sub - Grantee must indemnify, save, and hold the Sub - Grantor, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the Sub - Grantor arising from the performance of this grant contract by Sub - Grantee or Sub - Grantee's agents or employees. This clause will not be construed to bar any legal remedies Sub - Grantee may have for the Sub - Grantor's failure to fulfill its obligations under this grant contract. Nothing in this section shall constitute or be deemed a waiver by Sub - Grantee of its statutory or common law immunities or limitations of liability, if any. Sub - Grantee shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and Sub - Grantor's Auditors that Sub - Grantee has not used Grant monies to supplant or substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used to supplant, rather than supplement, local funds, and levies any penalties or fines, or requires refund of any Grant monies, Sub - Grantor agrees that it shall•be responsible for such penalties, fines, or refundment, and shall hold the sub - Grantor harmless therefrom. 4. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub - Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 5. Government Data Practices. Sub - Grantee and Sub - Grantor must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by Sub - Grantee under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Sub - Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Sub - Grantee or the Sub - Grantor. If Sub - Grantee receives a request to release the data referred to in this Clause, Sub - Grantee must immediately notify the Sub - Grantor. The Sub - Grantor will give Sub - Grantee instructions concerning the release of the data to the requesting party before the data is released. 6. Workers' Compensation. Sub - Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'compensation insurance coverage. Sub - Grantee's employees and agents will not be considered Sub - Grantor employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims 4