(1 of 4) THIS AGREEMENT is made and entered into by and between the Northwest Territory Resource Conservation and Development Council, Inc. (hereinafter referred to as “Grantor”) and (hereinafter referred as “Grantee”). 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is to enable the Grantor to make a grant from the Northwest Territory RC&D –Federal Grant Fund of $ to the Grantee named above for fifty percent of the eligible costs of the Dry Hydrant/Drafting Basin project as described in the Exhibit attached hereto. The grant shall be used exclusively in accordance with the provisions contained in this Agreement, as well as any rules adopted thereunder. 2. TERM OF AGREEMENT: The term of this Agreement shall be from the date of final execution by all parties hereto until (the “Expiration Date”). Payments shall not be made for work done or services performed after the Expiration Date. The Grantee may request in writing that the Expiration Date only of this Agreement be extended; such request may be approved in writing by a duly authorized representative of the Grantor. If the Expiration Date is extended, all other provisions of this Agreement shall remain in full force and effect. 3. USE OF GRANT FUNDS BY GRANTEE: Grant funds received by the Grantee pursuant to this Agreement shall be used only to institute an approved plan as stated in the Grant Request submitted by the fire department, which fully describes the justification and need for this project(s), as well as the cost. That plan will be incorporated into this agreement as an attachment. 4. GOVERNING LAWS: This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana, United States Department of Agriculture, and suit, if any, must be brought in the State of Indiana. 5. COMPLIANCE WITH LAWS: The Grantee agrees to comply with all applicable federal, state and local laws, rules, regulations, or ordinances, and all provisions required thereby are herein included and incorporated by reference. The enactment of any state or federal statute or the Page 12
(2 of 4) promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the Grantor and the Grantee to determine whether the provisions of the Agreement require formal amendment. 6. MULTI-TERM FUNDING CANCELLATIN CLAUSE: When the State of Indiana and/or the United States Department of Agriculture makes a written determination that funds are not appropriated or otherwise available to support continuation of performances of this Agreement, the Agreement shall be cancelled. A determination that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 7. TERMINATION OF AGREEMENT: This Agreement may be terminated with or without cause by the Grantor or Grantee before the Expiration Date by sending the Grantor or Grantee written notice via certified mail, return receipt requested, at least thirty (30) days prior to the date of termination. Upon receipt of this notice from either party, no new or additional liabilities payable by the Grantor shall be incurred without the prior written approval of the Grantor. If the project is cancelled before the hydrant is completely installed the Northwest Territory RC&D Council is not liable to reimburse any cost incurred by the Grantee or the landowner. 8. INDEMNIFICATION: Grantee agrees to indemnify, defend, and hold harmless the Northwest Territory Resource Conservation and Development Council, Inc. and its agencies, officers, and employees from all claims and suits including court costs, attorney’s fees and other expenses caused by any act or omission of the Grantee and/or its subcontractors, if any. The Grantor shall not provide such indemnification to the Grantee. 9. INDEPENDENT CONTRACTOR: (A) All parties hereto, in the performance of this Agreement, are acting in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. The parties will not assume any liability for any injury (including death) to any persons, or any damage to any property arising out of the acts or omissions of the agents, employees, or subcontractors of the other parties.
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(3 of 4)
(B) The Grantee shall be responsible for providing all necessary unemployment and worker’s compensation insurance for its employees.
10. AUTHORITY TO BIND:
Notwithstanding anything in this Agreement to the contrary, the signatory for the Grantee represents that he/she has been duly authorized to execute agreements on its behalf.
11. NON-DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10 and the Civil Rights Act of 1964, the Grantee and its subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the employee’s or applicant’s hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s race, color, religion, sex, handicap, national origin, ancestry or status as a veteran. The Grantee understands that the Grantor is a recipient of federal funds. Pursuant to that understanding, the Grantee and its subcontractors, if any, agree that if the Grantee employs fifty (50) or more employees and does at least Fifty Thousand Dollars (50,000) worth of business with the State and is not exempt, the Grantee will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. Breach of this covenant may be regarded as a material breach of this Agreement. The State of Indiana shall comply with Section 202 of Executive Order 11246 as amended, 41 I CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference.
12. ACCESS TO RECORDS:
The Grantee and its subcontractors shall maintain all books, documents, papers accounting records and other evidence pertaining to the cost incurred and shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by the Grantor or by any other authorized representative of the State or Federal Government and copies thereof shall be furnished at no cost to the Grantor if requested.
13. NON-COLLUSION AND ACCEPTANCE:
The undersigned attests under penalties of perjury that he/she is the contracting party, or that he/she is the representative, agent, member or officer of the contracting party, that he has not nor has any other member, employee, representative, agent or office of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this agreement other than that which appears upon the face of the agreement.
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(4 0f 4) 13. DRUG-FREE WORKPLACE:
A. Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. Contractor will give written notice to the Grantor within ten (10) days after receiving actual notice that an employee has been convicted of a criminal drug violation occurring in subcontractor’s workplace. B. In addition to the provisions of paragraph A above, if the total contract amount set forth in this agreement is in excess of $25,000.00, Contractor hereby further agrees that this agreement is expressly subject to the terms, conditions, and representations contained in the Drug-Free Workplace Certification. The Certification is hereby executed by Contractor in conjunction with this agreement and set forth in this contract. It is expressly agreed that the falsification or violation of terms of the Certification referenced in paragraph B., or the failure of Contractor to comply with the terms of paragraph A., shall constitute a material breach of this agreement and shall entitle the Grantor to impose sanctions against the Contractor, including, but not limited to, suspension of contract payments, termination of this agreement and/or debanent of ‘lie Contractor from doing further business with the Grantor for up to three (3) years. IN WITNESS WHEREOF, The Grantee and the Northwest Territory Resource Conservation and Development Council, Inc. (Grantor) have, through duly authorized representatives, entered into this agreement. The parties having read and understood the foregoing terms of the contract, do by their respective signatures dated below, hereby agree to the terms thereof.
GRANTEE ORGANIZATION: PRINTED NAME: SIGNATURE: DATE: GRANTOR: NORTHWEST TERROTORY RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC. _____________________________, President DATE_______________________ Page 15