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<br />Grant for Legislatively-named Municipality FY19: Updated November 2018
<br />5 Conditions of Payment
<br />All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction,
<br />as determined at the sole discretion of the State’s Authorized Representative and in accordance with all
<br />applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive
<br />payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local
<br />laws.
<br />6 Authorized Representative
<br />The State's Authorized Representative is Mai Neng Moua, Grant Specialist Coordinator, Parks and Trails,
<br />Minnesota Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155, (651) 259-5638,
<br />mai.n.moua@state.mn.us, or her successor, and has the responsibility to monitor the Grantee’s performance
<br />and the authority to accept the services provided under this grant contract. If the services are satisfactory,
<br />the State's Authorized Representative will certify acceptance on each invoice submitted for payment.
<br />The Grantee’s Authorized Representative is Adam Edwards, Director, Public Safety/City Engineer, 2750
<br />Kelley Parkway, Orono, MN 55356, aedwards@ci.orono.mn.us, or his successor. If the Grantee’s
<br />Authorized Representative changes at any time during this grant contract, the Grantee must immediately
<br />notify the State.
<br />7 Assignment Amendments, Waiver, and Grant Contract Complete
<br />7.1 Assignment
<br />The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without
<br />the prior written consent of the State, approved by the same parties who executed and approved this
<br />grant contract, or their successors in office.
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<br />7.2 Amendments
<br />Any amendments to this grant contract must be in writing and will not be effective until it has been
<br />executed and approved by the same parties who executed and approved the original grant contract, or
<br />their successors in office.
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<br />7.3 Waiver
<br />If the State fails to enforce any provision of this grant contract, that failure does not waive the provision
<br />or the State’s right to enforce it.
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<br />7.4 Grant Contract Complete
<br />This grant contract contains all negotiations and agreements between the State and the Grantee. No other
<br />understanding regarding this grant contract, whether written or oral, may be used to bind either party.
<br />8 Liability
<br />The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims
<br />or causes of action, including attorney’s fees incurred by the State, arising from the performance of this
<br />grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar
<br />any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant
<br />contract.
<br />9 State Audits
<br />Under Minn. Stat. 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and
<br />practices of the Grantee or other party relevant to this grant contract or transaction are subject to
<br />examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of
<br />six years from the end of this grant contract, receipt and approval of all final reports, or the required period
<br />of time to satisfy all state and program retention requirements, whichever is later.
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