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<br />IV. GRANTEE'S UNDERSTANDING OF TERM OF FUNDING <br /> <br />The Grantee understands that this grant is a one-time grant, and acknowledges that it has <br />been furnished no assurances that this grant may be extended for periods beyond the <br />termination date of this agreement. <br /> <br />V. GRANTEE ASSURANCES <br /> <br />The Grantee agrees to comply with the applicable assurances set forth in the Grantee <br />Assurances attached as Attachment "A" and made a part of this agreement. <br /> <br />VI. AUTHORITY TO CONTRACT <br /> <br />The Grantee shall not have the authority to contract for or on behalf of or incur obligations <br />on behalf of the Grantor. However, the Grantee may subcontract with qualified providers of <br />services, provided that any such subcontract shall acknowledge the binding nature of this <br />agreement, and incorporate this agreement, together with its attachments as appropriate. <br />The Grantee agrees to be solely responsible for the performance of any subcontractor. <br /> <br />VII. INDEPENDENT ENTITY <br /> <br />The Grantee shall perform as an independent entity under this agreement. The Grantee, <br />its employees, agents, or representatives are not employees of the Grantor for all <br />purposes, including but not limited to: the application of the Social Security Act, the Fair <br />Labor Standards Act, the Federal Insurance Contribution Act, the Federal Unemployment <br />Act, the North Dakota Unemployment Compensation Law, and the North Dakota Workers' <br />Compensation Act. No part of this agreement shall be construed to represent the creation <br />of an employer/employee relationship. The Grantee will retain sole and absolute discretion <br />in the judgment of the manner and means of carrying out the Grantee's activities and <br />responsibilities under this agreement. <br /> <br />VIII. AUDIT RESPONSIBILITY AND EXPENSE ALLOWABILlTY <br /> <br />The Grantee agrees to keep such financial records as are necessary to fully disclose the <br />complete financial status of the agreement. Documentation supporting requests for <br />reimbursement shall be submitted by the Grantee for review by the Grantor or its agents, <br />upon request. Further, it is agreed that if the Grantee has expended federal funds (when <br />considering all sources) during the Grantee's fiscal year at the amount specified in OMB <br />Circular A-133, Audits of State, Local Governments, and Non-Profit Organizations; which is <br />attached by reference and made a part of this agreement, then such Circular shall be <br />followed pursuant to the Single Audit Act of 1984, Public Law 98-502; and the Single Audit <br />Act Amendments of 1996, Public Law 104-156. The Circular can be obtained from the <br />Grantor's Fiscal Administration Division upon request. The Grantee agrees to file a copy of <br />the "Reporting Package" as described by the referenced Circular with the Grantor's Fiscal <br />Administration Division within the time frame identified in OMS Circular A-133. <br /> <br />Additionally, the Grantee agrees to spend all federal assistance received from the Grantor <br />in accordance with applicable laws and regulations such as, but not limited to: the Common <br />Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements with <br />State and Local Government; and OMB Circular A-87, Cost Principles for State, Local and <br />Indian Tribal Governments; which are attached by reference and made a part of this <br />agreement. These Circulars can be obtained from the Grantor's Fiscal Administration <br />Division upon request. <br /> <br />-2- <br />