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facilities, privileges or conditions of employment; refuse to hire persons seeking employment; or discharge an
<br />employee.
<br />B. Neither the LENDER nor those with whom BORROWERS contract for all or a portion of the work to be
<br />performed under this agreement shall exclude any person from participating in, deny them the benefits of, or
<br />discriminate against them on the basis of race, color, creed, religion, national origin, sex, marital statutes, age,
<br />sexual orientation, political affiliation, or status with regard to public assistance or disability.
<br />XIV. RECORD KEEPING AND AUDITING
<br />A. For all disbursements made through the AgBMP LOAN PROGRAM, the LENDER shall keep financial
<br />records in accordance with generally accepted accounting principles including invoices, contracts, receipts,
<br />vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the
<br />expenditures. It shall provide a copy of the certified audit report of its financial statement and and it opinion
<br />when requested by the LOCAL GOVERNMENT UNIT or the DEPARTMENT.
<br />B. The DEPARTMENT, the Department of Trade and Economic Development, the Legislative Auditor, the
<br />Off ice of the State Auditor, and other appropriate agencies of the State of Minnesota shall have access to and
<br />the right to examine books, records, documents, and accounting procedures and practices relevant to any loan
<br />made by the LENDER under this agreement for six years from the final payment of the loan by a BORROWER.
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<br />A. The LENDER shall provide to the DEPARTMENT by August 1 of each year:
<br />1. A statement of account for the principal account showing the deposits, withdrawals, and any other
<br />transaction involving the principal account for the prior 12 months, as of June 30.
<br />2. Certification that all required covenants of this agreement have been maintained.
<br />XVI. SPECIAL CONDITIONS AND OTHER PROVISIONS
<br />A. The LENDER warrants that there is no material adverse information relating to this agreement known to
<br />the LENDER that has not been disclosed to the DEPARTMENT.
<br />B. The LENDER warrants that to the LENDER'S knowledge, no litigation exists, and no litigation has been
<br />threatened, which would cast doubt on the enforceability of the LENDER'S obligations under this agreement.
<br />C. The laws of the State of Minnesota shall govern this agreement, Attachment A, and any amendments
<br />thereto. The venue for all legal proceedings arising out of this agreement, or breach thereof, shall be in the
<br />state or federal court with competent jurisdiction in Ramsey County, Minnesota.
<br />D. The LENDER hereby assigns to the State of Minnesota any and all claims for overcharges as to goods
<br />or services provided for in this agreement resulting from antitrust violations that arise under the antitrust laws of
<br />the United States and the antitrust laws of the State of Minnesota.
<br />E. The LENDER shall include in any contract or subcontract related to the AgBMP LOAN PROGRAM, in
<br />addition to the provisions to define a sound and complete agreement, such provisions that also assure
<br />contractor and subcontractor compliance with applicable state and federal laws.
<br />F. The LENDER shall not use federally appropriated funds to pay any person for influencing or attempting
<br />to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of
<br />Congress or any employee of a member of Congress in connection with the awarding of any federal contract,
<br />the making of a federal grant, the making of a federal loan, the entering into of any cooperative agreement or
<br />the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or
<br />cooperative agreement. If the LENDER uses non-federal funds to conduct any of the aforementioned activities,
<br />it shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." It shall provide to the
<br />DEPARTMENT a certification to this effect at the time that it signs this agreement and shall forward disclosure
<br />forms to the DEPARTMENT at the time that it executes such forms. Further, the LENDER shall include the
<br />language of this provision in all contracts and subcontracts exceeding $100,000, and all such contractors and
<br />subcontractors shall comply accordingly.
<br />G. Minn. Stat. § 17.117, the rules and guidelines from other funding sources used to finance projects under
<br />this agreement, this agreement, and Attachment A contain the entire understanding between the parties, and
<br />there are no other understandings or representations other than as set forth, or incorporated by reference,
<br />herein. Amendments to Minn. Stat. 17.117, other applicable Minnesota statute and rules, and rules and
<br />guidelines of the appropriation authority shall supersede any conflicting language in this agreement,
<br />attachments, and amendments and shall be effective upon enactment. No subsequent amendment(s) to this
<br />agreement shall be of any force or effect unless in writing, signed by representatives of the parties or
<br />subsequent assignees except of the following changes:
<br />Minnesota AgBMP Loan Program
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