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Page 2 of 5 2.2.1 The Grantee will submit an annual progress report to the Bo ard by February 1of 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 these State grant funds and measurable outcomes as a result of the expenditu re of these State grant fund s according to the format specified by the BWSR, by March 15 of each year. 2.2.3 The Grantee will submit a final progress report to the Bo ard by February 1, 2016 or within 30 days of completion of the Project, whichever occurs sooner. Information prov ided must conform to the requirements and formats set by the Board. 2.3 Match: Ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3 Time The Grantee must comply with all 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 Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the executi on of the Grant Agreement. 2) The second payment of 40% will be distributed after the first 50% has been expended and reporting requirements have been met. Selected grantees wi ll be required at this point to submit an interim itemized financial report and documentation of the expenditures reported there. 3) The third payment of 10% will be distributed after final requirements are met, including the submission of a final itemized financial report. 4.2 Any grant funds remaining unspent after the end of the expiration date stated above or after all obligations have been met will be returned to the Board within 30 days of that date. 4.3 The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.4 This grant includes an advance payment of 50 percent of the grant’s total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5 Conditions of Payment All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in acc ordance with all applicable federal, stat e, and local laws, policies, ordinances, r ules, FY 2013 Clean Water Fund Comp etitive Grants Policy, and regulations. The Gran tee will not receive paym ent for work found by the State to be unsatisfactory or performed in violation of federal, State, or local law. The Minnesota Department of Administration’s Office of Grants Management Policy On Grant Closeout Evaluation (Policy 08 – 13) requires the Board to consider a grant applicant’s past performance before awarding subsequent grants to them. The Board must consider a grant applicant’s performance on prior grants before making a new grant award of over $5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements. 6 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 Agreemen t, 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 a pproved the original Grant Ag reement, or their successors in office. Amendments must be executed prior to the expira tion of the original agreement or any amendments thereto. 6.3 Waiver. If the State fails to enforce any provision of this Grant Ag reement, that failure does not waive the provision or its right to enforce it. 7 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmle ss from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of th is Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal re medies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. No thing in this Agreement constitutes a waiver by the Grantee of statutory liability limits provided under Minnesota Statutes Chapter 466. 8 State Audits Under Minn. Stat. § 16B.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 tran saction are subject to examinati on by the State and/or the State