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2 Grantee's Duties The Grantee is responsible for the specific duties for the Program as follows: 2.1 Implementation. The Grantee will implement the work plan, which is incorporated into this Agreement by reference, and located in the Board's Office in St. Paul. 2.2 Reporting. All data and information provided in a Grantee's report shall be considered public. 2,2.1 The Grantee will submit a semi - annual progress report to the Board by February I and August I of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2 Display on its website the previous calendar year's detailed information on the expenditure of grant funds and measurable outcomes as a result of the expenditure of funds according to the format specified by the B WSR, by March IS of each year. 2.2.3 The Grantee will submit a final progress report to the Board by February 1 of 2012. Information provided must conform to the requirements and formats set by the Board. 3 Time The Grantee must comply withal] the time requirements described in this grant agreement. in the performance of this grant agreement, time is of the essence. 4 Terms of Payment 4.1 Payment will be made in two installments by the Board. The first payment of ninety percent (90 %) of the Grant Amount stated on page one will be paid promptly after lite effective date of this grant agreement. The second payment often percent (10 %) will be paid promptly after Board approval of Grantee's final report. 4.2 Any grant funds remaining unspent after the end of the expiration date stated above will be returned to the Board within one month of that date. 4.3 The obligation of the State under this grant agreement will not exceed the amount stated above. Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the States satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Assignment, Amendments, and Waiver 6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 6.2 Amendments. Any amendment to this grant agreement 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 agreement, or their successors in office. 6.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 8 State Audits Under Minn, Stat. § 168.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction 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 agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements whichever is later. 8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this GRANT, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one FY 10 COMPETITIVE GRANTS PROGRAM GRANT AGRFF.MENT