Agenda - Council - 02/24/2004 - Laserfiche WebLink

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assessment or. r{view is appropriate for the scope and nature of the project activities funded by this grant, and that.~y environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. T~s agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement expires December. 31, 2005.' 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause. shall mean a material breach of this agreement il and any amendments of this agreement, including the Grantee's failure to satisfactorily p~fform the conditions stated .in paragraph 2.01 within the ninety-day time period specified in paragraph 2.01. If this agreement is terminated, the Grantee shall receive payment on a pro rata basis~for :project activities described in Att,achment A that have been completed. Termination of ~;his agreement does not alter the Council s authority to recover gr/int funds on the l . basis of a later audit, or other review, and does not alter the Grantee's obligation to return any grant funds due to th~ COuncil as a result of later audits or corrections. If the Council determines the Grantee has faiied to comply with the terms and conditions of this agreement and the applicable provisions of thc Motropolitan Livable Communities Act, the Council may take any action to protect .[ the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to retUrh all:or part of the grant funds already disbursed. 4.03 Amendmgnts. The Council and the Grantee may amend this agreement by mutual agreement. Amendments, crhanges or modifications of this agreement shall be effective only on the execution of written amendnientS signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal O~portunity. The Grantee agrees it will not discriminate against any employee or applicant for e~ployment becausq of race, color, creed, religion, national origin, sex, marital status, status with reg~d to public assistance, membership or activity in a local civil rights commission, disability, sexua~l orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms Of compensation, ahd selection for training. 5.02 Conflict 41' Interest. The members, 'officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict 'of interest laws and provisions. 5.03 Liability,: To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless rite Council and its members, employees and agents from and against all claims, [ damages, losscs~ and expenses, including but not limited to attorneys' fees, arising out of or resulting from the condud~t or implementation of the project activities funded by this grant. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental' Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal ComprehensiveiEnvironmental 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 shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the Page 4 of 6 Pages