2008-03-12 CC Agenda & Handouts - Laserfiche WebLink

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VIII. AMENDMENTS. Any amendment to this grant 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, or their successors in office. IX. WAIVER. If the State fails to enforce any provision of this grant, that failure does not waive the provision or its right to enforce it. X. GRANT COMPLETE. This grant contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant, whether written or oral, may be used to bind either party. XI. WORK PROGRAM AMENDMENTS. Amendments to the approved workplan must be in writing and formally approved by the Board before they are effective. These will include changes in planned actions and the budget for each planned action. XII. COST OVERRUNS. The Grantee agrees that cost overruns are the sole responsibility of the Grantee. XIII. LIABILITY. The Grantee agrees to indemnify and save and hold the Board, its agents, and employees harmless from any and all claims or causes of action, including attorney's fees, arising from the performance of this Agreement by the Grantee or Grantee's contractors, agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for the Board's failure to fulfill its obligations pursuant to this Agreement. XIV. AUDITS. Under MN Stat ~16C.05, subd. 5, the Grantee's and delegated local unit of government books, records, documents, and accounting procedures and practices relevant to this grant 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. XV.AFFIRMATIVE ACTION REQUIREMENTS FOR GRANTS IN EXCESS OF $100,000 AND THE GRANTEE HAS MORE THAN 40 FULL-TIME EMPLOYEES IN MINNESOTA OR ITS PRINCIPAL PLACE OF BUSINESS. A. Obliaations. The Grantee certifies that it is in compliance with Minn. Stat. ~ 363.073 and Minn. R. 5000.3400 - 5000.3600 and is aware of the consequences for non-compliance. B. Disabled Workers. The Grantee must comply with the following affirmative action requirements for disabled workers: 1. The Grantee must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Grantee agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 2. The Grantee will comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 3. In the event of the Grantee's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363.073, Page 3 of 6