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Six thousand five hundred sixtv-five dollars ($ 6.565.00 )•
<br />B. TERMS OF PAYMENT
<br />INVOICE: Payments shall be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance
<br />ofsuch services by the STATE's Authorized Representative pursuant to Clause VI. Invoices shall be submitted in a form prescribed by the STATE
<br />and according to the following schedule:
<br />The applicant may request, and if approved, obtain a cash advance for up to 75% oftheir allocated funding as necessary for approved costs.
<br />Upon receiving a final project report, a compliance check will be conducted by the DNR before final payment will be authorized.
<br />Final payment will not be made until all funded acti` ities are complete. All work must be completed by J u n e 10, 2001
<br />II. ENTIRE AGREEMENT: This document including the GRANTEE's approve.l ?'oject proposal and 1999-2001 Grant Application Package constitute the e
<br />Grant behveen the parties. This Grant, except as stated herein, may not be ame.�ded except in writing by mutual agreement of the parties.
<br />IV. INSPECTIONS: STATE shall have the right to make on-site inspections of any work undertaken pursuant to this Grant. GRANTEE shall assist and facilitate
<br />inspections of field sites and ongoing operations by STATE
<br />V. CONDITIONS OF PAYMENT: Ail services provided by the GRANTEE pursuant to this grant shall be pertormed to the satisfaction of the STATE, as
<br />determined at the sole discretion of its Authorized Representative, and in acce-j with all applicable federal, state and local laws, ordinances, rules and regulations,
<br />The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory or pertormed in violation of federal, state or local law, ordinance.
<br />rule or regulation.
<br />VI. TERMS OF CONTRACT: This grant shall be effective on March 1 20 00 , or upon the date that the final required signature is obtained by the
<br />STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2, whichever occurs later, and shall remain in effect until June 30 _, 20 01 , or until all obligations
<br />set forth in this grant have been satisfactorily fuifilied, whichever occurs fir;t.
<br />VII. CANCELLATION: This grant may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days' written notice to the
<br />other party. In the event of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily
<br />pertormed. Also, in the event of such a cancellation, the STATE shall be entitled to repayment, determined on a rata basis, of any funds initially advanced by
<br />the STATE to the GRANTEE.
<br />The STATE may cancel this grant immediately if the STATE finds that there has been a failure to comply with the provisions of this grant that reasonable
<br />progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled, the STATE may take action to protect
<br />the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed.
<br />VIII. AUTHORIZED REPRESENTATIVE: The STATE's Authorized Representative for the purposes of administration of this grant is Don Mueller, MnReleaf
<br />Reqional Coordinator Such representative shall have final authority for acceptance of GRANTEE's services and if such services are accepted as
<br />satisfactory, shell so certify on each invoice submitted pursuant to clause II. paragraph B. The GRANTEE's Authorized Representative for purposes of
<br />administration of this grant is Chuck Stifler. Parks Proiect Coordinator The GRANTEE's Authorized Representative shall have full authority to represent
<br />GRANTEE in its fulfillment of the terms, conditions and requirements of this grant.
<br />IX. ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this grant without the prior written consent of the STATE.
<br />X. AMENDMENTS: Any amendments to this grant shall be in writing and shall be executed by the same parties whoexecuted the original grant or their successors
<br />in office.
<br />XI. LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action,
<br />including all attorney's fees incurred by the STATE, arising from the pertormance ofthis grant by GRANTEE or GRANTEES agents or employees. This clause
<br />shall not be construed to bar any legal remedies GRANTEE niay have for the-STATES failure to fulfill its obligations pursuant to this grant.
<br />(a) For Grantees which are units ofgovernment subject to Minnesota Statutes Chapter 466.
<br />Each party agrees that it shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law and shall not be
<br />responsible for the acts and omissions of the other party and the results thereof. STATE's liability shall be governed by the provisions of the Minnesot�
<br />Tort Claims Act, Minnesota Statutes Section 3.736 (1996), and other applicable law. GRANTEE's liability shall be governed by the provisions of [h,
<br />Municipal Tort Claims Act, Minnesota Statutes Chapter466 (1996) and other applicable law. This clause shall not be construed to bar any legal remedies
<br />either party may have for any other party's failure to fulfill its obligations pursuant to this Grant.
<br />XI I. ACCOUNTING AND AUDITS: The books, records,-documents, and acco �nting procedures and practices of the GRANTEE relevant to this grant shall be
<br />subjeCt to exaznination by the contracting department and the Legislative Audi �r.
<br />, - ' The GRANTEE ShaH maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this agreement to the extent
<br />and in such detail that will accurately reflect the total cost of the Project Proposal and all net costs, direct and indirect, of labor, materials, equipment, supplies,
<br />services, and other costs and expenses. The GRANTEE shall use generally accepted accounting principles. All records shall be retained for five (5) years after
<br />the issuance of the final certificate of acceptance by the STATE.
<br />ADDiIN. IOSigrawpd (07-01-99) Minnesota ReLeaf Community Tree Planting. Forest Inventory, & Forest Health Grent (DNR/Forestrv Convact Number)
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