e. Sheriff-terrorism grant & budget adj

REQUIREMENTS FOR GRANT AWARDS ISSUED BY THE NORTH DAKOTA DEPARTMENT OF EMERGENCY SERVICES Evaluation: The Department of Emergency Services shall, throughout the effective dates on the Notice of Grant Award, conduct an ongoing evaluation of the Subgrantee's performance in carrying out the Scope of Service as stated in the Notice of Grant Award (Grant Award). Compliance with Requirements for Grant Award will also be monitored. Such evaluation may include, but not be limited to, periodic site visits by the Department of Emergency Services representatives to review progress made by the Subgrantee in accomplishing stated goals/objectives. 2. Merger and Modification: The Grant Award constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in the Grant Award. The Grant Award may be amended pursuant to any special conditions listed in the Grant Award, or by written agreement signed by both parties. 3. Authority to Contract: The Subgrantee shall not have authority to contract for or on behalf of, or incur obligations on behalf of the Department of Emergency Services. 4. Subcontracts: Any subcontracts issued by the Subgrantee shall contain as a minimum the same requirements as included in the Notice of Grant Award and the Requirements for Grant Award. 5. Indemnity: The Department of Emergency Services and the Subgrantee each agrees to assume its own liability for any and all claims of any nature including all costs, expenses, and attorneys' fees which may in any manner result from or arise out of the Grant Award. 6. Independent Subgrantee: It is agreed by the parties hereto that the Subgrantee in performing the duties under the Grant Award is functioning as an independent Grantee and the arrangements between the parties hereto in no way shall be construed as giving rise to an employer/employee relationship. 7. Copyright: The Department of Emergency Services maintains the right to copy or reproduce any material created or produced with funds received from this Grant Award. 8. Record Maintenance and Ownerships: All reports, interim and/or final outputs, slides, tapes, and other data or information developed pursuant to the Grant Award shall become the mutual property of the parties to the Grant Award, without restriction or limitation upon their uses. Client records shall be maintained in accordance with the Privacy Act of 1974 (Public Law 93-579), Freedom of Information Act, and the N.D.C.C. 44-04. 9. Record Retention: The Subgrantee hereby agrees to maintain financial records, supporting documents, statistical records, and other pertinent records for a period of at least three (3) years from the date of receipt by DES of final Grant Adjustment Notice (GAN) from federal awarding agency officially closing out the grant program. In cases where litigation, a claim, or an audit is initiated prior to expiration of the three year period, records must be retained until completion of the action and resolution of issues or the end of the three year period, whichever is later. Retention is required for purposes of Federal or State examination or audit. 10. Termination of Grant Award: If, through any cause, the Subgrantee shall fail to fulfill in a timely and proper manner its obligations under the Grant Award or if the Subgrantee shall violate any of the covenants, agreements, or stipulations to these requirements the Department of Emergency Services shall thereupon have the right to terminate the Grant Award by giving written notice to the Subgrantee of such termination and specifying the effective date of such termination. Last Updated 02-25-2008