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HomeMy WebLinkAboutContract 227922~s ~ e armament p ~Educati~-n SINGLE SOURCE OFFICIAL GRANT AWARD NOTIFICATION GRANT AWARDEE INFORMATION ORGAMZATION/AGENCY IDENTIFIED OFFICIAL WITH AUTHORITY/TITLE FULL ADDRESS CITY/STATE /ZIP PHONE/FAX EMAIL PROGRAM CONTACT REPRESENTATIVE/TITLE ORGANIZATION/AGENCY (if different) ADDRESS (if different) CITY/STATE /ZIP PHONE/FAX EMAIL Columbia Hei~;hts Public Library M Rebecca Loader Title: Director 820 40`h Ave NE Columbia Heights MN 55421 763-706-3690 Fax: - - becky.loader@ci.colurnbia-heights.mn.us Title: Fax: MDE SINGLE SOURCE GRANT PROD TITLE Cates Online Hardware C=rant Program ENCUMBRANCE INFORMATION GRANT NUMBER (if applicable}: FUNDING SOURCE/LEGISLATIVE AUTHORITY: Gates Foundation Online Hardware Grant FY Cost Code (fund-or -a r Amount 10 200 1422 270 p - ~- $5,850.00 11 2UU 142E 2 7 V $2,vvv.vv 12 200 1422 270' $0.00 UFARS FINANCE CODE: Encumbrance ®Yes [~ Np~(IfNo, go eo t box) ~ MN TAX ID NUMBER: 80213 84 Encumbrance ~;ggnature: _ ~~ 1>~ ,.1~..~ CFMS # ~ ~ - VENDOR ID#:~ apps -cam Encumbrance Date: / ~ ~ C~ ~; A PE I fTY / S"CARTDATE: January 4, 2010 THROUGH END DATE; November 7, 2011 This is a 2 year grant only SINGLE SOURCE ACTION TYPE: Original/Initial Award SINGLE SOURCE $8,450.00 TOTAL Single Source Awar MDE KEY STAFF CONTACT INFORMATION AUTHORIZED REPRESENTATIVE PROGRAM SPECIALIST p~ ®~FFeReNr FROnn Arty Suzanne Miller Jym Wroblewski Phone:651-582-8251 Fax: 651-582-8752 Phone: 651-582-8805 Fax: 651-582-8752 Email: suzanne.miller@state.mn.us Email: jym.wroblewslci@state.mn.us GRANTS SPECIALIST OTHER ASSIGNED MDE STAFF Deb Rose Phone: 651-582-8853 Fax: 651-582-8469 Phone: 651= - Fax: 651- - Email: debra.rose state.mn.us Email: state.mn.us Organization/Agency/District: Columbia Heights Public Library $8,450.00 TOTAL Single Source Award With respect to the terms and conditions of the application materials associated with this Single Source award: 1. THIS ACTION IS TO: Help libraries across the state sustain high-quality computer and Internet access for their patrons. Two key elements of this strategy axe to support computer upgrades in public libraries who are serving communities with high concentrations of people living in poverty, and where computer hardware is vulnerable to becoming obsolete. 2. ADDITIONAL REQUIREMENTS: Awardeelgrantee will adhere to detailed Program and Operation Schedules provided in the supplemental forms provided to MDE. PROGRAM REPORTING: Program Reporting Farms (PRF) shall be submitted in the form and manner prescribed by MDE. Format, content, and exact due dates will-be as follows: a. An Interim Progress Report• (IPR), including submission of data collected related to the grant project, will be due to _ E for all Phase I requirements as outlined in application by September 30, 2010 and for all Phase II requirements as outlined in application by September 30, 2011. U. LYlalVllLllg F~.nds ~TellficattVll Fol~ is to be~subuutted no later th..n 1:~IaYch 3;, 2010 for Phase I and March 31, 2011 for Phase II. d. Final Program Report (FPR) is due 30 days after the ending date of the grant by December 1, 2011 outlining expenditures for the grant project through November 7, 2011. FPR consists of the final financial reporting, final payment requests and final program reports including any data requested and/or other reports. Both the final FRF and the FPR will be reviewed before approval far final payment is made and before the grant is closed out. 3. OTHER FISCAL REQUtREMENT5: a. Financial (Back-Up/Supporting) Documentation: is required on all awards of $50,000 or more, per award. Awardee/grantee must provide MDE with supporting documentation per request. Financial reconciliation will occur on random basis following awardee/grantee submission of a Financial Reporting Form at least once per award period. b. Retainage; Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this contract may be paid until the final 2 SS Version 3 Qrganization/Agency/District: Columbia Hei hts Public Library _ $8,450.00 OTAL Single Source Award product of this award has been reviewed by MDE's Authorized Representative/Agency's head. 'The balance due will be paid when MDE's Authorized Representative/A~ency's head determines that the awardee/grantee has satisfactorily fulfilled all the terms of this award. Revisions (Budget and/or ~1Vork Plan): Awardee/grantee must receive prior written approval from MDE for any budgetary realignment of approved line item amounts greater than 10% of the total grant award available for expenditure during the grant period. The awardeelgxanteemiy expend grant funds in a manner that exceeds approved line item amounts throughout all budget categories by a total of no more than 10% of the award without pry-approval from MDE. Total line item deviations exceeding 10% of the award must be approved in writing by MDE prior to expenditure or legal obligation of those funds. Awardee/grantee must support the request with reason for change. Awardee/grantee may not move funds to an unappraved line item without written MDE approval. d. Can Site Monitoring Visit: In the event an on-site monitoring visit is required by MDE, the awardee/grantee shall cooperate with MDE in the provision of the on- site momtor~ng visit(s) ,and shall comply with MDE's request for documentation, before, during and/or after. 4. CANCELLATION: a. This Single Source award maybe cancelled by the state or awardeelgrantee at any time, with or without cause, upon thirty (30) days' written notice to the other pare; . In the e :=ent of such a cancellation, awardeeigrantee shall be en*a~~ed to payment, determined on a pro rata basis, for work or services performed to MDE's satisfaction. It is expressly understood and agreed that in the event the reimbursement to the State from federal sources or appropriations by the Minnesota Legislature are not obtained and continued at an aggregate level sufficient to allow for the awardee's/grantee's program to continue operating, the award shall immediately be terminated upon written notice by the MDE to the awardee/grantee. In the event of such termination, awardee/grantee shall be entitled to payment determined on a pro rata basis, for services performed and liabilities akeady accrued prior to such termination. b. MDE may cancel this Single Source award immediately if HIDE. finds that there has been a failure to comply with the provisions of this award, that reasonable progress has not been made or that the purposes for which the funds were awarded have not been or will. not be fulfilled. MDE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds akeady disbursed. 5. AMENDMENTS: (extension, increase, or change in other terms): a. Any amendments to this Single Source award shall be in writing and shall be executed by the same parties who executed the original award, or their successors in office. An amendment consideration must be requested 45 days prior to the 3 SS Version 3 OrganizationJAgency/District: Columbia Hei is Public Library $8,450.OQ OTAL Single Source Award end date of the award period and is valid and effective upon written approval from the IvIDE authorized representative or delegate. No amendments will be considered on an expired Single Source award. I, the Pxagram Accountability and Improvement Division Director, by signing below verify that agency policies and procedures were followed in the awarding of this Single Source grant. Division D' ecto A~ame~Signature ) D~ate~ I, the Division Director, by signing below/do hereby approve this Single Source award and atte the Authoriz Representative's review of said documents. D' s' n erector N & Signature Date ,.., , ~ nis single source award notincation and release of funds are therefore approved, legal, binding and valid with the followin official agency signature. `pSignature oi`ivSDE's Of#icial with Authority to Sign SS Version 3 4 Bill & Melinda Gates Foundation epa rtment ~Educati~n State Library Services Division Opportunity Online hardware grant program Matching Funds Verification Farm -Phase One __ Instructions: The Gates Foundation requires all information requested below. Please provide all details for quickest processing of your grant payments. • Use a separate form to document Phase One and Phase Two matches. • Fax completed and signed form, or email as pdf attachment, to Minnesota Department of Education, State Library Services, Att: James Wroblewski, Gates Project Coordinator, fax 651.582.8'752, email jrym.wroblewski/c~i,state.mn.us. Call Jym with any questions 651.582.8805 or Suzanne Miller, State Librarian, 651.582.8251 I. LIBRARY NAME: Columbia Heights Public Library 2. WHAT PHASE ARE YOU DOCUMENTING? Phase One X # of Computers 3 3. TOTAL AMOUNT OF REQUIRED MATCH -PHASE One: $ 1 950.00 4. DESCRIPTION OF MATCH SOURCE(S): Check all applicable sections below. Provide Amt of funding supporting narrativedetails as requested. Use a separate page for additional narrative from this source information if needed NEW CAPITAL FUNDING FOR HARDWARE. Briefly describe the governmental S _ source of the new funding including contact information. Date governmental funder committed funds to your library: Date dollars will be available to the librar X EXISTING LIBRARY TECHNOLOGY BUDGET FUNDS $ ' Date funds were committed to your library: /..~ -/~ _G i ~'~v Date dollars will be available to the librar j - ; - ~ ~ PRIVATE DONATIONS OR GRANTS (e.g. private danars, community foundation S _ grants, local business sponsors, ete.}. List donar contact information below or on a separate page. (federal LSTA funds are not allowed as a match} Date funder(s} committed dollars to your library: Date dollars will be available to the librar MONIES DERIVED FROM FUNDRAISING EFFORTS (e.g. book sales, library $ fundraisers, etc. Date fundraised dollars were committed to your library: 1._~ - ~'~"'~~/ ~ ~ C~'~? Date dollars will be available to the librar t- ~ -~~ Total from all sources (should a ual #3 above $ !, y~5 5. CERTIFICATION: By signing below, the Trustees and the Administration of the library certify that the dollars ~ c mmitted above w~ l~~ot supplant local funds already dedicated for the library or computer workstations. ,,.' ~ -~ '- Board President Signature Date ~_', ~~ j~' c Ct~-ti-,,~ /-~~ -.jam _ _-~-(,l-~ ~~C" c~ E Library Director Date CITY OF COLUMBIA HEIGHTS 820 - 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-2996 (763) 706-3694; TDD (?63} 706-3692 RESOLUTION 2010-1 PUBLIC LIBRARY TO ACCEPT A GRANT FROM THE GATES FOUNDATION AND TO ALLOCATE MONIES COLLECTED FROM THE SALE CART AS LOCAL MATCHING FUNDS WHEREAS, the Columbia Heights Public Library exists as an independent library serving the City of Columbia Heights and operating under the guidance of the Library Board of Trustees; and, Board of Trusfees Patricia Sowada Chair Nancy Holum Vice-Chair Catherine Vesley Secretary Lynette Thomson Barbara L. Tantanella Member at large Bruce Kelzenberg Council Liaison M. Rebecca Loader Library Director WHEREAS, the Library is the recipient of a grant from the Gates Foundation to purchase new computers for use by the patrons in the building; and, WHEREAS, the grant is in two phases and requires a $1,950 match for phase I and a $2,600 match for phase II; and, WHEREAS, the Library offers donated and discarded materials for sale; and, WHEREAS, money collected from the sale r>art is considered revenue for the Library; and WHEREAS, any amount of the match not covered by sale cart revenue will come from amounts specifically budgeted in Library line items for the match; NOW, THEREFORE, BE IT RESOLVED that the Columbia Hei>?hts Public Library Board of Trustees accerots the Brant from the Gates Foundation in the amount of $S,$50 (phase I) and $2,600 (phase II) and allocates monies from the sale cart and specifically budgeted line items for the required match. f~ ~`~% Vesley, Secretary tom; ~ ---~-». Lyne e Thomson, Member at Large r----.. Barbara Tanta lla, Member at Large ~~ ~~ ~ y Bruce Kelzenberg, Council Lia' on THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES FOI IAI C7PPC7RT1 WITY FMPI ('1Y F14 `. an ium, V' e-Chair ;..~ State Library Services Division 1500 Highway 36 West Roseville, MN 55113 Suzanne Miller, State Librarian Email: suzanne.miller(c~state.mn.us Phone: 651-582-8251 James V. Wroblewski-034, Project Administrator Email: iym.wroblewski(c~state.mn.us Phone: 651-582-8805 Fax: 651-582-8752 Letter of Commitment Columbia Heights Public Library U.S.'Libraries Initiative: 2008/2009 Opportunity Online Hardware Grant Pragram Congratulations your library has been selected to participate in the Minnesota Grant Application for the current round of the Bill and Melinda Gates Foundation's Opportunity Online Hardware Grant Program. The Staff of the U.S. Libraries Initiative: 2008/2009 Oppomtr~it=y Or~lir~e Hardware Grant Program has reviewed the TechAtlas survey data you submitted and established you meet the grant project guidelines and criteria. Based on individual library poverty rates and the TechAtias data, which assessed Iocal computer level of service, your library is granted funds to purchase and install the number of computers designated in the attached Phase and Match Document. The eligibility requirements your library must adhere to in the U.S. Libraries Initiative: 2008/ 2009 Opportunity Online Hardware fTrant Program is cited below. To secure =,~our spot in the grant application bath the library director and library board president must sign tie Letter o#' Ca itmet and the Phase and Match Document. Submit both signed originals to .lames Wroblewski, State Library Services by Aprii 10, 2009. U.S. Libraries Initiative: 2008/ 2009 Opportunity Online Hardware Grant Program eligibility require ants: Phase One (July 2009 -November 2010) -What is required in Phase One. • Immediately! Secure library's willingness to participate and to raise the 25% match in Phase One. Signed commitment due by April 10, 2009 • Complete ALA/F'SU survey (September 2, 2009 -November 7, 2009) • Attend two-day Public Library Association Advocacy Conference -Turning the Page; Building your Library Community. (Travel and lodging costs covered by grant -Mandatory attendance) • Phase One Match (25%) documented -Matching Funds ~erificatian Farm to be submitted to State Library Services no later then March 31, 2010. • Library verifies match, receives grant funds, installs computers and runs TechAtlas survey far verification by September 30, 2010. ASSURANCES The grantee (which refers to the applicant's status after it has been awarded grant funds) shall certify, sign and comply with all applicable federal, state and local laws, ordinances, rules and regulations and provisions stated herein in the performance of the grant award. The applicant shall certify, sign and submit these assurances indicating its agreement should grant funds be awarded. A. SURVIVAL OF TERMS The following clauses survive the expiration or cancellation of this award: D. (d). State and Federal Audits; E. Liability; F. Ownership of Materials and Intellectual Property Rights; G. Publicity; H. Government Data Practices; I. Data Disclosure; L. Governing Law, Jurisdiction and Venue; and, R. Internet Safety. B. USE OF FUNDS Grant funds shall be limited to the purposes for which granted as specified in the approved grant application contract or approved in an amendment to the original application contract filed under provisions of the grant agreement and by any applicable state or federal Laws. Funds may not be used far gifts or novelty items, generic marketing or promotional concepts not essential for successful performance of the grant, or for payments to vendors displaying exhibits. Funds may not be used to pay for or support other projects not identified in this application. Funds may not be used for the benefit of state employees, which includes, but is not Iimited to, reimbursement for any expenditures, including travel expenses; casts of registration fees for training sessions or educational courses presented or arranged; payments to state employees far presentations at workshops, seminars, etc., whether on state time, vacation time, leave of absence or any other non-work time. Project may be amended during the contractual timeline in consultation with the Bill and Melinda (;ratP.c Fnnnriatinn and the State 1,ihrarv Services T)ivision Grant Coordinator/Administrator. 1. A Phase One report shall be filed at the end of the Phase One period of the grant program. A Phase Two report shall be filed at the end of the Phase Two period of the grant program An end of project report shaIl be conducted with consultants hired by the Bill and Melinda Gates Foundation to evaluate the Opportunity Online Hardware Grant Program., Failure to file Phase One project assessment will result in grantee being ineligible f`or Phase Two grant round. v. The grantee shall present reports to the Commissioner of the Department of Education (COMMISSIONER) or State's Program Contact Representative (STATE LIBRARIAN). At the CO ISSIONER'S or STATE LIBRAI~ICAN'S discretian, the reports may be presented at departmental, legislative, other state agency or public meetings where the grantee shall be available to explain the project and to respond to questions. 3. Grantees will receive Phase One Grant Match upon written confirmation of 25% local match dollars received. Phase Two grant funds will be released upon receipt of notice that Phase Two 50% local match is received. 4. If participation by a regional library system or a member local governmental unit or member library is discontinued, ownership of the discontinuing system, unit, or member's assets, including cash or the fair market value thereof if such assets, cannot be transferred by the grantee, acquired during the last three years of participation from this grant, shall revert to the Minnesota Department of Education, State Library Services, for reassignment for library services elsewhere. 3) The grantee agees to cooperate in any examination and audit under the provisions of this paragaph. EXAMINATION AND AUDIT OF ACCOUNTS AND RECORDS. The State or its representative or the federal administering department (when applicable} shall have the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs and the method of implementing the award. The grantee shall make available at its office and at alI reasonable times before and during the period of record retention, proper facilities for such examination and audit. - STATE AND FEDERAL AUDITS. The books, records, documents and accounting procedures and practices of the grantee shall be subject to examination by the State or federal auditors, as authorized by law. Minnesota Statutes, section 16C.QS, subdivision S, requires the State audit clause be in effect far a minimum of six years. Federal audits shall be governed by requirements of federal regulations. 1 } If the grantee (in federal OMB Circular language known as "subrecipient") receives federal assistance from the State of Minnesota, it will comply with the Single Audit Act of 1984 as amended and OMB circular A-133, "Audits of States, Local Governments and Non-Profit Organizations'' for audits of fiscal years beginning after June 30, 1996; or 2} The grantee will provide copies of the single audit reporting package (as defined in A-133 section 320(c}, financial statement audits, management letters and corrective action plans to the State, the Office of the State Auditor, Single Audit Division or Federal Audit Clearinghouse in accordance with OMB A-133. E. LIABILITY Grantee agrees t^v Indemnif`y' and save and iio~d the 4`itate, 'atS agents and employees harm t4Ss from any and alt clai„IS or causes of action, including all attorneys' fees incun-ed by the State arising from the performance of the award by grantees, agents or employees. This clause shall not be construed to bar any legal remedies grantee may have for the State's failure to fulfill its obligations pursuant to the award and subsequent awards. G. I' LICI Any publicity developed for the program, publications or services provided resulting from the award, including, but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared for the grantee or its employees individually or jointly with others .or any subawardees, shall identify the Bill and Melinda Gates Foundation as the sponsoring agency in cooperation with State Library Services, a division ofthe Minnesota Department of Education (the State). The Bill and Melinda Gates Foundation and Minnesota State Library Services, requires public acknowledgement of the activities they support with Gates Foundation funds. As a recipient, you are required to acknowledge the Bill and Melinda Gates Foundation support and take steps to extend the award's impact on the community at large. The guidelines for crediting the Bill and Melinda Gates Foundation and State Library Services are described below. "The Bill and Melinda Gates Foundation through the Opportunity Online Hardware Grant Program, in conjunction with State Library Services, ensures that the Columbia Heights Public Library is serving high need populations with Internet access services and a local commitment to regularly upgrade computer equipment " 1. No funds have been paid or will be paid, by or on behalf of organization, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an off cer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal award, and the extension, continuation, renewal, amendment or modification of any federal award. 2. If any funds other than grant appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this award, the grantee shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The grantee shall require that the language herein shall be included in any award documents far all sub awards at all tiers (including subgrants, contracts under award, and subcontracts) and that all subrecipients shall certify and disclose accordingly. N. DEBA1f2TVIENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, far prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110-- (a}. The grantee certifies that it acid its principals: 1) Are not presently debarred, suspended, proposed far debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2) Have not within athree-year period preceding this application or award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, slate or local) transaction or contract under a public transaction; violation o;- federal or state antitrust statutes or comrission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (2)(b} of this certification; and 4} Have not within athree-year period preceding this application had one or mare public transaction (federal, state or local} terminated for cause or default. Where the grantee is unable to certify to any of the statements herein, he or she shall attach an explanation to the APPLICATION. O. DRUG-FREE WORKPLACE (Awardees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 84, Subpart B, for .recipients other than individuals, as defimed at 34 CFR Part B, Sections 84.200, 854.205, 84.210, 84.215, 84.220, 84.225 and 84.230 - The grantee certif es that it will or will not continue to provide adrug-free workplace by: 1} Publishing a statement notifying _ employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the R. INTERNET SAFETY Pursuant to 20 U.S.C. Section 9134(b}(6}, the applicant will provide assurance to the State Library Administrative Agency that it will comply with 20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public elementary school, secondary school libraries and public libraries that do not receive services at discount rates under section 254(h)(6) of the Communications Act of 1934, and for which IMLS State Program funds are used to purchase computers used to access the Internet or to pay for direct casts associated with accessing the Internet. S. NONDISCRIMINATIpN As required by the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, and the Age Discrimination in Employment Act of 1975, as implemented at 45 C.F.R. Part 1180.44, the applicant certifies that they will comply with the following nondiscrimination statutes and their implementing regulations: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.), which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity receiving federal financial assistance; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.}, which prohibits discrimination on the basis of disability in federally-assisted programs; (a} Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 83, 1685-86}, which prohibits discrimination on the basis of sex in education prograsi~S and aCilvati%S ri.Cei`v'Ing federal financial aSS2StanCe; (d} The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 et seq.}, which prohibits discrimination on the basis of age in federally-assisted programs; T. C+TIIER PROVISIt~NS be it understood: 1. By filing of this application, the applicant has therefore obtained the necessary legal authority to apply for and receive the proposed grant; 2. The filing of this application has been authorized by applicant's governing body, and the undersigned officials} have been duly authorized to fale this application for and on behalf of said applicant, and otherwise to act as the representative(s) of the applicant in connection with this application; 3. The grant application is written by the applying library program. The source is sited appropriately on any material that is paraphrased or copied. Language taken from a template should be customized sufficiently to meet the needs of the library program that is applying. Failure to comply may result in denial of grant application. 4. ~Awardees must wait until they receive the signed OGAN (O~cial Grant Award Notification) before providing any services and before any expenditures may be incurred. or more factors may result in a funding or anon-funded outcome. The review process includes a consistent, impartial application review conducted for all applications that meet the requirements set forth in the grant application instructions. As applications are evaluated based on the information provided by the respondent and failure to comply with submission requirements, is solely the responsibility of the applicant. All funding decisions made by the Department of Education, State Library Services Division are final. 17. Awarded library programs understand future funding opportunities may be hindered if reporting requirements have not been met in a timely fashion, past performance and/or performance expectations per this or any grant opportunity/contract with MDE -State Library Services Division have not been met per requirements. 18. The applicant will not advertise for bids, execute any contracts, or purchase any items that will be paid for by grant funds before receiving a fully executed and signed official grant award notification. The title of the grant application: Opportunity Online The applicant shall list the site(s) for the performance of work done in connection with this specific award apportunity. Coy-t-t ~'tB t P-~ ~-I C1UH7"~ PU Bt-lC ~- t 662A2~__~'~D ~a~`` ~.1 yC ~v ~ Place(s) of Performance Streei Address f~ l~ ~ ~ t~ ~`®~.u It1.Q t ~ ~ ~t~ T~ P rM ~f SSA Z.- 6 ~~~ County Csty, State and Lip Code heck if there are (additional) workplaces on file that are not identified above. r y r d m ~v O a 0 w .; 0 C d N 1-+ y ~ ~ ~ ~ ~^°~ Cii N W ~ ~ ~ ~ ~r ` CD ~ ~ ~ O 01 O "~ Ne~- ~ ~ O !V ~ . ~°. .~ ~ ~ ~- . ~ ~ 00 N ~ t 11 O 00 ~ ~ O O d ~ - n .{, N b/9 ~ F.~+ v ~. O ~ ~ ' O O ' 00 C7 m o ~ ~ o. ~ o ~: ~ ~ ~ ~. ~~ ~~ .~ Q~ ~_. O n• a r m ~ a ~. m °' < ~' m o~ 0 0 m ~ c 2 ~ c~' m ~ ~ n ~. w m o -~ ni g ~ ~, cu ~- su ~ ~~ `~ o ni a~i ~ ~ m a c 0 c c~ m v a m v cn 0 c m C/1 to e~h n 0 ~ I•roi ~ ~ As ~ ~ .r yt I-n-PrD'~ _.... ~partmer~t Edu~ati v n 1500 Highway 36 West Roseville, MN 55113-4266 APPLICATION COVER SHEET Bill and Melinda Gates Foundation US Libraries Initiative Opportunity Online Hardware Grant Program -Round 3 T: (651) 582-8200 TTY: (651 } 582-8201 http://education.state.mn.us ORGANIZATION INFORMATION Public Library (Iegal name): _ ~. (~ i.._ tR. ~ C3 f ~ i-~ E t C-~ N 1 ~ ~' u g tr t C C.16 2. ~ 2 L( Library Branch /Site Name (i a licable): MN Tax ID Number: ~ 4 ~- - i 3 ~'f F'ederaI Tax ID Number: '~j' (vba-SD~~ Til'Pi* T!TeT~T1~T\ T7T3 ^»L`1\-l ll '1L'L ~lJ l) T Tr T 7T TT • T1iY nT?i;*TnT ~ T r4f'rrnrr • TrrnrT r.r rmt r rarr..~,r.~. .r ~ mri.~r Ltt- LiD11t 111 I:. lJl'F1L. LL-1L Yd11 r1:113U 1t1 VIC1 L 'Y 11Vr~;J1{~.V1A l1lJ1V Name ~'(, ~a~~3 t; (~~' ~ ~..®F~~EIC_ Title Address _ s s`~.a. / Z.. a ~ b~' t~ Y~ ~ ~'. f.~ ~ Lt.Yl~t ~ f ~ ~-FG ! ~ ~~ iY11~ Phone Number E-mail ff p~ ~~.L~.(~ t~e~C~~'~ ~ ~~• ~G7~GLY-~~?(~'t/tE'd~~'t~~• V}7~1, C.~Si IDENTIFIED PUBLIC LI~I~AI2Y BQ<~Itll PRESIDENT/CITY OFFI~I~~L WITH SIGNATURE ` : AUTHORITY' - Name Title ~ t~ ~ ~~ ~ ~~ Address S°~ a ~-I-OTh ~ v ~ N C ~ p t,u rn ~3 t ~t t-t~ c ~ i-t'T~ ryi N SS~~ f Phone Number ~fr3- ~-66~'3t~It~ E-mail i.~la-lt, -~ehst- ~Ci. Cv[uvllb~a-hei hfi5• mn. (.cS Gates OaiIine Hardware Grant ASSURANCES The grantee (which refers to the appIicant's status after it has been awarded grant funds) shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and provisions stated herein in the performance of the grant award. The applicant shall sign and submit the attached "AGREEMENT TO COMPLY WITH ASSV.EtANCES" form indicating its agreement should grant funds be awarded. 1. SURVIVAL OF TERMS The following clauses survive the expiration or cancellation of this award: 4(d). State and Federal Audits; 5. Liability; 6. Ownership of Materials and Intellectual Property Rights; 7. Publicity; 8. Government Data Practices; 9. Data Disclosure; and 12. Governing Law, Jurisdiction and Venue. 2. USE OF FUNDS The use of funds shall be limited to that portion identified in the Application Materials and the attached application and by any applicable state or federal laws. Funds may not be used for gifts or novelty items (unless individually and specifically approved by the State} or for payments to vendors displaying exhibits. Funds may not be used to pay for or support other projects not identified in this application. Funds may not be used for the benefit of state employees, which includes, but is not limited to, reimbursement for any expenditures, including travel expenses; casts of registration fees for training sessions or educational courses presented or arranged; payments to state employees far presentations at workshops, seminars, etc., whether on state time, vacation time, leave of absence or any other non-work time. A. The grantee, in the conduct of activities under th?s award, shall submit suds reports as may be required by written instructions of the State within the times required by it. The State shall withhold funding if reporting requirements are not met in a complete, accurate and timely manner. B. The grantee shall present reports to the Commissioner of the Department of Education (COi ilwiiSSIO ~L ~} or State'S Aittjioiizcd Represesitatsve. At Lice COiviiviiSSivivEit'Shcscretion, the reports may be presented at departmental, Legislative, other state agency or public meetings where the grantee shall be available to explain the PROJECT and to respond to questions. C. ResmbllrSeme!?t for tras'el and Sy?beic$anrp expenses t'.".t'~i311y and :.°,C.~'.SS Z'ii j' iilCilrred 1'i t . "' "" ~~"" y g°1 (ttllee 111 performance of this project will be paid provided that the grantee shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than in the current "Commissioner's Plan," promulgated by the Commissioner of Minnesota Management & Budget (MMB), and grantee will anly be reimbursed for travel and subsistence outside the State of Minnesota if it has received prior written approval for such out-of--state travel from the State. 3. EQ MENT Upon termination of the award, all equipment purchased during the award period shall be returned by the grantee to the State at the State's discretion. 4. FINANCIAL AND ADMINISTRATIVE PROVISIONS A. ALLOWABIL,TTY OF COSTS. For federal funds, allowabiiity of costs incurred under this award shall be determined in accordance with the procedures and principles given in the federal Office of Management and Budget (OMB) circulars, including, but not limited to, OMB A87. For all funds, no claim far materials purchased in excess of budget categories or program services not specifically provided for in this award by the grantee will be allowed by the State unless approved in writing by the State. Such approval shall be considered to be a modification of the award. There maybe additional limitations on allowable costs which shall be noted in the award. B. RECORDS. The grantee shall maintain books, records, documents and other evidence pertaining to the costs and expenses of implementing this Application to the extent and in such detail as will accurately reflect all gross costs, direct and indirect, of labor materials, equipment, supplies, services and other costs and expenses of whatever nature. The grantee shall use generally accepted accounting principles. The Gates Online Hardware Grant grantee shall preserve all financial and cost reports, books of account and supporting documents and other data evidencing costs allowable and revenues and other applicable credits under this award which are in the possession of the grantee and relate to this award, for a period of no less than six years and the respective federal requirements where applicable. All pertinent records and books of accounts related to this award and subsequent awards shall be preserved by the grantee for a period of six years subject to the following criteria: 1) The six-year retention period shall commence from the date of submission of the fmal expenditure report. 2} If any litigation, claim or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 3} The grantee agrees to cooperate in any examination and audit under the provisions of this paragraph. C. EXAMINATION AND AUDIT OF ACCOUNTS AND RECORDS. The State or its representative or the federal administering department (when applicable} shall have the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs and the method of implementing the award. The grantee shall make available at its office and at all reasonable times before and during the period of record retention, proper facilities for such examination and audit. D. STATE AND FEDERAL, AUDITS. The books, records, documents and accounting procedures and practices of the grantee shall be subject to examination by the State or federal auditors, as authorized by law. Minnesota Statutes, section 16C.Q5, subdivision 5, requires the State audit clause be in effect for a minimum of six years. Federal audits shall be governed by requirements of federal regulations. l} If the grantee (in federal OMB Circular language known as "subrecipient"} receives federal assistance from the State of Minnesota, it will comply with the Single Audit Act of 1984 as amended and OMB cir iuiar A-133, "AiiditS of StatcS, LGCai GovetiullentS Gild 1V (JIl PrOllt Orgamzat1o17S" IOr aUd1tS OI fiscal years beginning after June 30, 1996; or, 2) The grantee will provide copies of the single audit reporting package (as defined in A-133 section 32(}(C}}, fLnancial .Statement atidi_tc mana~Pmant lrvtferc and rnrrPrti:Je action *'lanS t^ the State tke - o-----__. t, ~ Office of the State Auditor, Single Audit Division or Federal Audit Clearinghouse, in accordance with OMB A-133. . LI ITY Grantee agrees to indemnify and save and hold the State, its agents and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State arising from the performance of the award by grantees, agents or employees. This clause shall not be construed to bar any legal remedies grantee may have for the State's failure to fulfill its obligations pursuant to the award and subsequent awards. 6. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. INTELLECTUAL PROPERTY RIGHTS: The State shall awn all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the works and documents created and paid for under the award. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by the grantee, its employees, agents and subcontractors, either individually or jointly with others in the performance of this award. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by the grantee, its employees, agents or subcontractors in the performance of this award. The Documents will be the exclusive property of the State and all such documents must be immediately returned to the State by the grantee upon completion or cancellation of the award. To the extent possible, those Works eligible for Gates Online Hardware Grant copyright protection under the United States Copyright Act will be deemed to be "works for hire." The grantee assigns all right, title and interest it may have in the works and the documents to the State. The grantee, at the request of the State, shall execute all papers and perform a1I other acts necessary to transfer or record the State's ownership interest in the works and documents. B. OBLIGATIONS: 1) Notification: Whenever any invention, improvement or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the grantee, including its employees and subcontractors, in the performance of the award, the grantee will immediately give the State's authorized representative written notice thereof, and must promptly furnish the authorized representative with complete information and/or disclosure thereon. 2) Representation: The grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the works and documents are the sole property of the State, and that neither the grantee nor its employees, agents, or subcontractors retain any interest in and to the works and documents. The grantee represents and warrants that the works and documents do not and will not infringe upon any intellectual property of other persons or entities. Nat withstanding Liability clause 5, the grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the works or documents infringe upon the intellectual property rights of others. The grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the grantee's or the State's opinion is likely to arise, the grantee, must at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing works or documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition and not exclusive of other remedies provided by law. 7. PUBLICITY Any publicity given to the program, publications or services provided resulting from the award, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared for the grantee or its employees individually or jointly with others or any subawardees, shall identify the BiII and Melinda Gates Foundation as the sponsoring agency in cooperation in the State. The publicity described may only be released with the prior approval of the state's authorized representative. The applicant/awardee must not claim that the State endorses its prod'acts or services. Sample statement identifying the State as the sponsoring agency and must also identify the source of federal funds. "The BiIZ and Melinda Gates Foundation through the Opportunity Online Hardware Grant Program, in conjunction with the Minnesota Department of Education, ensures that the grantee is serving high need populations with Internet access services and a local commitment to regularly upgrade computer equipment " NOTE: the CFDA and title of the funds -must reflect specific funding source as stated on award notification. GOVERNMENT DATA PRACTICES The grantee and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter l3, as it applies to all data provided by the State under the award, and as it applies to all data created collected, received, stored, used, maintained or disseminated by the grantee under the award. The civil remedies of Minnesota Statutes, section 13.08 apply to the release of the data referred to in this paragraph by either the grantee or the State. Gates Online Hardware Grant If the grantee receives a request to release the data referred to in this paragraph, the grantee must immediately notify the State. The State will give the grantee instructions concerning the release of the data to the requesting party before the data is released. 9. DATA DISCLOSURE Under Minnesota Statutes, section 270C.65, and other applicable law, the grantee consents to disclosure of its Social Security number, federal employer tax identification number and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the grantee to file state tax returns and pay delinquent state tax liabilities, if any. 10. WORKERS' COMPENSATION Grantee certifies that it is in compliance with Minnesota Statutes, section 176.181, subdivision 2, pertaining to workers' compensation insurance coverage. The grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. (Exemption/Waiver as allowed under law.} 11. ANTITRUST Grantee hereby assigns to the State of Minnesota any and all claims far overcharges as to goods and/or services provided in connection with the award resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 12. GOVERNING LAW, .IUI2ISDICTION AND VENUE Minnesota law, without regard to its choice-of=law and provisions, governs the award. Venue for all legal proceedings arising out of the award, or its breach, must be in the appropriate state or federal court with l':Vlllpelerlt ju11JU11.11V111111\c1111JGy l~Vltilly, 1Y111ll11+JV1G1. 13. LOBBYING As required by Section P 352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for organizations ~~ip~i ~r ~~xra,-,t „<r~r 5150,000, ~~ ~~fnP~l a¢. ?4 CF?~, Park 82, Sections 82.100; 82.105 and 82.110; the grantee must certify that: A. No federally appropriated funds have been paid or will be paid, by or on behalf of organization, to arty person for influencing or attempting to influence an off cer or emplayee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal award, and the extension, continuation, renewal, amendment or modification of any federal award. B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal award, the grantee shall complete and submit Standard Farm - LLL, ''Disclosure Form to Report Lobbying," in accordance with its instructions. C. The grantee shall require that the language herein shall be included in any award documents for all subawards at all tiers (including subgrants, contracts under award, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 14. DEB ENT, SUSPENSION, OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110-- Gates Online Hardware Grant 5 A. The grantee certifies that it and its principals: 1}Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2) Have not within athree-year period preceding this application or award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local} with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and, 4} Have not within athree-year period preceding this application had one or more public transaction (federal, state or local) terminated far cause or default. B. Where the grantee is unable to certify to any of the statements herein, he or she shall attach an explanation to the AGREEMENT TO COMPLY WITH ASSURANCES form as part of the application. 1S, DRUG-FREE WORKPLACE (Awardees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 84, Subpart B, for recipients other than individuals, as defined at 34 CFR Part B, Sections 84.200, 854.205, 84.210, 84.215, 84.220, 84.225 and 84.230 - A. The grantee certifies that it will continue to provide adrug-free workplace by: 1} Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, Tlf1SC 4C1 9 . e..~_~n Cyr ?tce ~f a rtlntrnllPd cg7.}~c4an~a t~ TsTf?1t41'P7ted ?TI the Q'r?n1eE' c ~rtirnrirnla.~e aprl cnar~ _ ina t__e actions that urill be taken against employees for ~riolation of such prohsbition; 2} Establishing an on-going drug-free awareness program to inform employees about: (a} The dangers of drug abuse in the workplace; (b} The grantee's policy of maintaining a drug-free workplace; (c} Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3} Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (I}; 4) Notifying the employee in the statement required by paragraph (1) that, as a condition of employment under the award, the employee will: (a) Abide by the terms of the statement; and, (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (4)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Staff, Gates Online Hardware Grant U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3}, Washington, DC 20202-4248. Notice shall include the identification numbers} of each affected award; 6} Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (4)(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or, (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; 7) Making a good faith effort to continue to maintain adrug-free workplace through implementation of Paragraphs (1), (2}, (3), (4), (5) and (6). 16. TRANSFERABILITY The grantee shall not transfer or assign to any party or parties any rights}, obligation(s) or claims} under the award without the prior written consent of the State. It is understood, however, that grantee remains solely responsible to the State for providing the products and services described. 17. TIME The grantee must comply with all the time requirements described in the application and award. In the performance of this award, time is of the essence 18. NONDISC INATION As required by the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972; and the Age Discrimination in Employment Act of 1975; as implemented at 45 C.F.R. Part 1180.44, the applicant certifies that they will comply with the following nondiscrimination statutes and their implementing regulations: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.}, which provides that no person in the United States shall, on the grounds of race, color, ar national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity receiving federal frnancial assistance; Section 504 ofthe Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.), which prohibits discrimination on the basis of disability in federally-assisted programs; (a) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-83, 1685-86), which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; (d} The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in federally-assisted programs; 19. OTHER PROVISIONS be it understood: A. By filing of this application, the applicant has therefore obtained the necessary legal authority to apply for and receive the proposed grant; B. The filing of this application has been authorized by applicant's governing body, and the undersigned official (on the Application Cover Page and Agreement to Comply Farm} has been duly authorized to file this application for and on behalf of said applicant, and otherwise to act as the representative of the applicant in connection with this application; Gates Online Hardware Grant C. The grant application is written by the applying program. The source is cited appropriately on any material that is paraphrased or copied. Language taken from a template is customized sufficiently to meet the needs of the program that is applying. It is to be understood that failure to comply, may result in denial of the grant application. I7. The grantee understands that no work should begin under this Award until all required signatures have been obtained; an Official Grant Award Notification has been issued and the grantee is notified to begin work by the State's Program Contact. Expenditures must be for post-award projects; grant awards may not be used to pay for any costs incurred before an award is made. *Any expenses incurred prior to the full execution of the OGAN are not reimbursable and are the responsibility of the Applicant/Awardee. E. The activities and services for which assistance is sought under this grant will be administered by or under the supervision and control of applicant; F, Grant funds shall not be used to supplant salaries and wages normally budgeted for an employee of the applicant/agency. Total time for each staff position paid through various funding streams financed in part or whole with grant funds shall not exceed one Full Time Equivalent (FTE). The grantee must disclose all compensation from all sources, including salary, extra pay, and/or payments for contracted work, made to employees financed in part or whole with grant funds. G. Fiscal control and accounting procedures will be used to ensure proper disbursement of all funds awarded; H. Every reasonable effort will be made by the applicant to continue the project after the termination of state/federal funding; I. The applicant's Program Contact Representative will be named on the OGAN. If the Program Contact Representative changes at any time during the grant award period, the applicant/grantee must immediately n nti~=c~ tha Qtata• 1. The State's Program Contact Representative, or hislher successor, named on the OGAN has the responsibility to monitor the grantee's performance and has the authority to accept the services provided under the grant award apportunity; K. All services provided by the grantee under an award must be performed to the State's satisfaction, as determined at the sole discretion of the State's Program Contact Representative and ira accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law; L. Any amendment to an award must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant award, or their successors in office; tvl. If the State fails to enforce any provision of an award, that failure does not waive the provision or its right to enforce it; N. An award maybe cancelled by the State or grantee at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, grantee shall be entitled to payment, determined on a pro rata basis, for work or services performed to the State's satisfaction. It is expressly understood and agreed that in the event the reimbursement to the State from Federal sources or appropriations by the Minnesota Legislature are not obtained and continued at an aggregate level sufficient to allow for the grantee's program to continue operating, the grant shall immediately be terminated upon written notice by the State to the grantee. In the event of such termination, grantee shall be entitled to payment deternned on a pro-rata basis, for services performed and liabilities already accrued prior to such termination; Gates Online Hardware Grant O. The State may cancel an award immediately if the State finds that there has been a failure to comply with the provisions of an award, that reasonable progress has not been made or that the purposes for which the funds were awarded/granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. P. The applicant fully understands that this is a competitive grant process and as a result, the application may not be fiznded. The grant application process is designed to provide an equitable opportunity for eligible candidates to compete. It is to be understood that one or mare factors may result in a funding or a non- funded outcome. The review process includes a consistent, impartial application review conducted for all applications that meet the requirements set forth in the grant application instructions. As applications are evaluated based on the information provided by the applicant and failure to comply with submission requirements, is solely the responsibility of the applicant. All funding decisions made by MDE are final. Q. Awarded programs understand future funding opportunities maybe hindered if reporting and/or performance expectations per this or any grant opportunity/contract with MDE have not been met and/or reports are not submitted in a timely fashion per requirements. R. When a grant includes the production of a report or other publication and this publication will be posted on the MDE Website or otherwise distributed as a work product of MDE that publication must adhere to all MDE Communications policies, available upon request from the Communications Division. In addition, the publication must be reviewed and proofread by Communications staff, in accordance with MDE policy, to ensure the document follows all agency policies and is free of typographical and graintnatical errors, and is formatted in a way that is professional and easy to read. The grantee is responsible for making changes designated by the Communications Division prior to dissemination of any kind and must provide aWeb- ready copy of the document to MDE in electronic format. Note: If the document is provided in PDF fnrrnat only, the grantee agrees to make any additional changes necessary if future review reveals errors in the document. The subgrantee assures that if the award involves federal funding the reimbursement of expenditures is in compliance with all program provisions, relevant provisions of the Cash Management Improvement Act of 1990 (Public Law 101-453} as amended by the CMIA of 1992 (Public Law 102-589), codified at 31 U.S.C. 6501 and 31 U.S.C. 6503;Office of Management and Budget (OMB} Circulars A-87, Cost Principals for State, Local and Tribal Govem'rent A-133 the Compliance Supplements Education Department tseneral Administrative Regulations, 34 CFR Parts 74, 75, 76, 77, 79, 80, 81, 82, 84, 86, 86, 97, 98, 99; or other applicable code of federal regulations applicable to this federal reimbursement request. T. Program Specific Assurances 1. Project maybe amended during the contractual timeline in consultation with the LSTA Grant Coordinator/Administrator. Programmatic approval by the LSTA Grant Administrator must be obtained for expenses in a category that reflect more than a 10% change from the proposed budget in the approved grant application. 2. A Phase One report shall be filed at the end of the Phase One period of the grant program. A Phase Two report shall be filed at the end of the Phase Two period of the grant program An end of project report shall be conducted with consultants hired by the Bill and Melinda Gates Foundation to evaluate the Opportunity Online Hardware Grant Program. Failure to file Phase One project assessment will result in grantee being ineligible for Phase Two grant round. 3. Grantees will receive Phase One Grant Match upon written confirmation of 25% local match dollars received. Phase Two grant funds will be released upon receipt of notice that Phase Two 50% local match is received. Gates Online Hardware Grant 4. If participation by a regional library system or a member local governmental unit or member library is discontinued, ownership of the discontinuing system, unit, or member's assets, including cash or the fair market value thereof if such assets, cannot be transferred by the grantee, acquired during the last three years of participation from this grant, shall revert to the Minnesota Department of Education, State Library Services, for reassignment for library services elsewhere. 5. All items created or purchased with the Bill and Melinda Gates Foundation funds must carry a label or some public acknowledgement of the grant funding provided by the Foundation and through the Minnesota State Library Services. This includes all marketing and promotional products related to serving high need end user populations as described in the Opportunity Online Hardware Grant Program. 6. Intemet Safety -Pursuant to 20 U.S.C. Section 9134(b}(6), the applicant will provide assurance to the State Library Administrative Agency that it will comply with 20 U.S.C. Section 9134(f}, which sets out standards relating to Intemet Safety for public elementary school, secondary school libraries and public libraries that do not receive services at discount rates under section 254(h)(6) of the Communications Act of 1934, and for which IMLS State Program funds are used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet. 7. The applicant will not advertise for bids, execute any contracts, or purchase any items that will be paid far by grant funds before receiving a fully executed and signed official grant award notification. 8. Equipment shall be used by the grantee or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by local funds. When no longer needed for the original program or project, the equipment may be used in ether activities currently or previously supported by Bill and Melinda Gates Foundation and State Library Services. The grantee or subgrantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or tamr~l~tarl }iv Farlaral etafiitP cV11LV3111./iu~v~i v~ + vaav~»i v..».».... When acquiring replacement equipment, the grantee or subgrantee may use the equipment to be replaced as a trade-in ar sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. Gates Online Hardware Grant ~ d AGREEMENT TO GOMPLY WITH ASSURANCES FORM In regard to potential funding of an award, the following clauses are stated in their entirety in the application materials section titled ASSURANCES. For the purpose of this form, said clauses are referenced only by their clause number and heading hereafter in this Agreement to Comply with Assurances form. The applicant/awardeernust comply with all applicable federal, state and local laws, ordinances, rules and regulations and provisions stated therein and herein in the performance of the award should grant funds be awarded. 1. Survival of Terms 11. Antitrust 2. Use of Funds 12. Governing Law, Jurisdiction and Venue 3. Equipment 13. Lobbying* 4. Financial and Administrative Provisions 14. Debarment, Suspension and Other Responsibility Matters* 5. Liability 15. Drug-Free Workplace {Awardees Other Than Individuals)* 6. Ownership of Materials and Intellectual Property Rights 16. Transferability 7. Publicity 17. Time 8. Government Data Practices 18. Nondiscrimination 9. Data Disclosure 19. Other Provisions 14. Worker's Compensation Regarding clauses 13-15: These provisions are required when the award involves federal funds. Applicants shall refer to the regulations cited to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this farm. Signature of this form provides far compliance with certification requirements under 34 CFR Part 82, "New Restrictions an Lobbying," 34 CFR Part 84, Government-wide Requirements for Drug-Free Workplace (Grants} and 34 CFR Part 85 Government-wide Debarment and Suspension (Non-procurement} and the certifications shall be "treated as a material representation of fact upon which reliance will be placed when the Minnesota Department of Education determines the award. The title of the competitive grant opportunity: Gates Foundation Opportunity Online Hardware Grant The applicant shall list the sites}for the performance of work done in connection with this specific award opportunity. CC7 L ~mCh ~ r-a Fict~.l~-mss f~t,~r3L-!e._ c.l +eARy/ ts:LO ~{-o~ Avg. W ~ Place of Performance/ Street Address t~irlortp. C? v ~eJe rn a~ ,~ H r t (, t+TS M N ~S~f-.~- l County, City, State and Zip Code ^ Check if there are (additional) workplaces on file that are not identified above. ^ Check if the applicant is unable to adhere to any of the certification requirements (clauses 13-15} and ~r~/oad tt7e ex~larratiort as a sc~ptaferrterafal cfoecrrreent. By signing this form, I/~ the applicant, acknowledge that I/~ie)have read the assurances in their entirety as stated within the applica ton materials and shall comply with all app icable federal, state and local laws, ordinances, rules and regulations and provisions stated therein and herein in the performance of this award opportunity should the organization be awarded funds and become a grantee. 1/we hereby assure and agree to comply with all conditions and submit required documents and certifications as required. ~, ~ebecca Lt~d~r ~ibt`ar~ ~iirec-f~r- / `,~"l~ ~ C~'Y / ~ ~o y Print Name and Title o Library Director with Authority to sign ~ Si nature Date / ~Cl. (-E-e r ~ . ~~ El5'~" C i ~i- (/Y1d n a P r / /- ~~~ f ~ &/~/~i~r Print Name and Title of Library Board Chair City Official vrith Authority to sig Signature Date ~~t-- Must bear same name as the Identified Public Library Official With Authority on the Application Gover Sheet Gates Online Hardware Grant