Agenda - Council - 06/14/2022 - Laserfiche WebLink

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8.3 Waiver. If the Council fai Is to enforce any prov*I I s*on of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements between the Council and the Grantce. No other understanding regarding this Grant Agreement, whether 'fitter or oral, may be used to bind either party. 9. Liability and Insurance. 9.1 Liability. The Grantee and the Council agree that they will. be responsible for their own acts and the results thereof to the extent aUthorized by law, and they ,shall not be responsible for the acts of the other party and the results thereof. The I[ability of the Count i I is governed by the Minn. Stat. Chapter 466 and other applicable laws. The liability of the Grantee is governed by the provisions contained in Chapter 466 and other applicable laws. 9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or siiould be construed in any manner as creating. or establishing the relationship of co-partners or a Joint venture between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent, representative,, or employee of the Council in the performance of this Grant Agreement,, or the Grantee 11'rogram. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other persons Nkeh Ile engaging in the performance of this Grant Agreement the Grantee Program steal I not have any contractual relationship with the Council related to the work of the Grantee Program and shall not be considered employees of the Council. in addition,all claims that may arise on behalf of said personnel or other persons OUt of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such personnel or other persons shall not require nor be entitled to any compensation,rights or benefits of any kind whatsoever from the Council, including but not limited to, tenure ri ghts, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benerits. 10. Audits. Under Minn. Stat. § 16C.05, subd. 5,the Grantee's books,records,documents,and accounting procedures and practices relevant to this Grant Agreement are subject to examination by the Council and/or the State Auditor or Legislative AUditor, as appropriate, for a minimum of six years from the termination date of this Grant Agreement. 11. Government Data Practices. The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as it appi ies to all data prow ided by the Coun ci I under th is grant contract, and as it app]les -to a]I data created, col.lected, received, stored, u sed, maintained, or d i ssem inated by the Grantee under th is Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the Council. IT the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the Council. 12. Workers" Compensation. 5