2016.08.15 CC Packet - Laserfiche WebLink

Home

5.02 Final Report. Within 60 days after the expiration of the Grant Period, the Council must receive from Grantee for Council review and approval a final report in a format determined by the Council, detailing total Project receipts and expenditures, summarizing all Project activity, describing any MCUB inclusion efforts under Section 3.03, and containing a certification by Grantee's chief financial officer that all grant funds were expended in accordance with this agreement. The final report must include a list of project personal property as required by paragraph 3.04. The final report must also describe how the Project furthers Total Watershed Management as that term is defined under Minnesota Statutes Section 473.505. This Agreement remains in effect until the Council approves the Final Report. 5.03 Other Monitoring Activities. To assist the Council in monitoring compliance with the grant agreement, Grantee agrees to attend meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. Section 6. General Conditions 6.01 Compliance with Law. Grantee will comply with all applicable state and federal laws. Further, Grantee agrees that it is Grantee's obligation and responsibility, and not the Council's, to comply with all other laws, regulations, and rules relating to activities undertaken in performing the Project. 6.02 Maximum Use of Other Funds. If Grantee at any time receives funding or reimbursement from another source for amounts charged by Grantee against this grant, such funds charged against this grant shall be immediately refunded to the Council upon discovery of the duplicate funding or reimbursement. 6.03 Liability. Each parry is responsible for its own acts and the results thereof to the extent authorized by law and a party is not responsible for the acts of the other party and the results thereof. Council and grantee's liability are governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. Notwithstanding this provision, to the fullest extent permitted by law, Grantee will defend, hold harmless, and indemnify the Council and its members, employees, and agents from and against all claims, damages, losses, and expenses, including but not limited to attorney fees, arising out of or resulting from clean-up, removal, and disposal of contaminants related to the Project. This includes, without limitation, any claims asserted under the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 11513, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation will not be constructed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and Grantee. Grantee's obligation to indemnify the Council as stated in this paragraph shall not be construed as a waiver on the part of either Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 6.04 Changes in the Project. If Grantee, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs