21st Century Community Learning Centers

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21 Century Community Learning
           Centers

 FY10 (School Year 2009-2010)
  REQUEST for PROPOSALS




       Mississippi Department of Education
          Office of Student Performance
           Office of Innovative Support
                   April 13, 2009
                                                                  TABLE OF CONTENTS
Purpose ........................................................................................................................................................... 3
General Information ............................................................................................................................................... 3
Information about the Grant Awards/Funding........................................................................................................ 4
Application Procedures .......................................................................................................................................... 6
Proposal Requirements ......................................................................................................................................... 7
Authorized Activities ............................................................................................................................................... 7
Selection Process................................................................................................................................................... 8
Time Line......................................................................................................................................................... 8
Evaluation Criteria .................................................................................................................................................. 9
Intent to Submit Form............................................................................................................................................. 11
Technical Assistance Contact ................................................................................................................................ 11
Proposal Package .................................................................................................................................................. 12
    Assurances ........................................................................................................................................................ 13
    Private School Consultation…………………………………………………………………………………………19
    Project Narrative................................................................................................................................................ 20
    Instructions for Budget Forms ........................................................................................................................... 22
    Budget Summary Page ..................................................................................................................................... 23
    Budget Summary Page for Matching or In-Kind Resources (NOT REQUIRED Grant Yr 1 and 2) ................ 24
    Budget Narrative ............................................................................................................................................... 25
Additional Required Information............................................................................................................................. 26
    Collaboration…………………………………………………………………………………….…………………….27
    Agreement for Consortium Grants .................................................................................................................... 28
    Priority Points .................................................................................................................................................... 29
    Participation Letter ............................................................................................................................................ 31
    Documentation of Priority Points....................................................................................................................... 32
    Tips for Submitting a Proposal .......................................................................................................................... 33
Standard Grant Terms and Conditions………………………………………………………………………………...35




                                                                                              2
 THE PURPOSE OF THE 21ST CENTURY COMMUNITY LEARNING                                     CENTERS
                          (CCLC) PROGRAM
The 21st Century Community Learning Centers Program was established by Congress as Title IV,
Part B of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left
Behind Act (NCLB) of 2001. The purpose of the 21 st CCLC Program is to create community
learning centers that provide academic enrichment opportunities for children and their families by
providing a safe environment for students when school is not in session. Centers – which can be
located in schools or other easily accessible facilities – provide a range of high-quality services to
support student learning and development including: tutoring and mentoring, academic
enrichment (such as hands-on science or technology programs), community services
opportunities, along with music, arts, sports, and cultural activities. At the same time, centers
help working parents by providing a safe environment for students when school is not in session.

The 21st CCLC Program’s specific purposes are to:
 Provide opportunities for academic enrichment, including providing tutorial services to help
   students, particularly students who attend low-performing schools, to meet State and local
   student achievement standards and content standards in core academic subjects, such as
   reading and mathematics;
 Offer students a broad array of additional services, programs, and activities, such as youth
   development activities, drug and violence prevention programs, counseling programs, art,
   music, and recreation programs, technology education programs, and character education
   programs, that are designed to reinforce and complement the regular academic program of
   participating students; and
 Offer families of students served by community learning centers opportunities for literacy and
   related educational development.

For a copy of the legislation and non-regulatory guidance, please go to:
www.ed.gov/21stcclc/state.html.

The Definition of a 21st Century Community Learning Center
A community-learning center offers academic, artistic, and cultural enrichment opportunities to
students and their families when school is not in session (before school, after school, and/or summer
recess).

Organizations Eligible to Apply for 21st CCLC Funds
Any public or private organization is eligible to apply for a 21st CCLC grant. Examples of agencies
and organizations now eligible under the 21st CCLC Program include, but are not limited to: non-profit
agencies, city or county government agencies, faith-based organizations, institutions of higher
education, and for-profit corporations. An “eligible entity” means a local educational agency (LEA),
school, community-based organization, another public or private entity, or a consortium of two or
more of such agencies, organizations, or entities. The statute encourages eligible organizations to
collaborate with local education agencies (LEAs) when applying for funds.

Eligibility of Schools that Already Receive 21st CCLC Funds from the USDE
LEAs that presently have grants from the USDE are eligible to receive additional funds under the
State administered program. However, new funds must be used in a manner consistent with all the
requirements of the new statute and must be used only to supplement, not supplant, any Federal,
State, or local dollars available to support activities allowable under the 21 st CCLC Program. Funds
may be used to expand or enhance current activities, or to establish programs in non-participating
schools within an LEA that has a 21st CCLC grant. LEAs that have received 21st CCLC awards that
                                                   3
have ended, or will end this year, may apply for funds to continue those programs. The supplanting
provision does not prohibit federal funds from being used to continue programs where a previous
federal grant has ended.

Several Civil Rights Laws Apply to Recipients of all Federal Grants
These laws apply to recipients of federal financial assistance, whether they are public or private.
They include Title VI of the Civil Rights Act, which bars discrimination based on race, color, or
national origin; Title IX of the Education Amendments of 1972, which bars discrimination based on
gender; Section 504 of the Rehabilitation Act of 1973, which bars discrimination based on disability;
and the Age Discrimination Act of 1975.

Evaluation Requirements for Local Grantees
Each grantee must undergo a periodic evaluation to assess progress toward achieving its goal of
providing high-quality opportunities for academic enrichment. Grantees must evaluate the academic
progress of children participating in the 21st CCLC Programs. The evaluation must be based on the
factors included in the Principles of Effectiveness. (See legislation for Title IV-B, Section 4205.) The
results of the evaluation must be:
 Used to refine, improve, and strengthen the program and to refine the performance measures;
    and
 Made available to the public upon request.

                    INFORMATION ABOUT GRANT AWARDS/FUNDING
The grant proposals will be reviewed and scored by a Peer Review Committee comprised of specialists
from public and private schools, organizations, and agencies. The Peer Review Committee will
determine quality of proposals. Awards will be announced no earlier than July 17, 2009.

Grants for single eligible organizations will range from $50,000 - $250,000 per year. Grants for a
consortium of eligible organizations will range from $100,000 - $500,000 per year. All grants will be
awarded for five years contingent upon proper implementation of the proposed project and
completion and submission of all required documentation: Continuation Application, Year End
Performance Report, Profile and Performance Information Collection System (PPICS) On-Line
Report, Quarterly Assessment Report, Sustainability Plan, and future congressional appropriations.
Funding to eligible organizations is subject to State Board of Education approval. The Mississippi
Department of Education reserves the right to negotiate grant award amounts with all Grantees.

Grant Award Funding
Recipients will receive funding at 100% for the first two years of the program. Subsequently,
recipients will receive 80% of their original funding in year three, 60% in year four, and 40% in year
five pending congressional appropriations. In no event will grant funds be reduced to a level of
less than $50,000 pending congressional appropriations.

Sustainability
One of the goals of this program is to continue activities beneficial to students and their families after
the project period has ended. Therefore, the proposal should be structured in such a manner that it
will become self-sustaining. Matching funds may include local, state, private, or in-kind contributions.
You may also operate on less than 100% funding, if the program can demonstrate high quality
services will continue to be provided to targeted students and families (i.e. it is permissible for a
program to operate on 80% of its original funding if the program has determined that certain
expenses incurred in the first two years were not necessary in year three). Matching funds applies to
the entire proposal and should not be the sole responsibility of any individual collaborating partner.


                                                    4
(Please refer to EDGAR 80.24 for definition of matching funds). The Mississippi Department of
Education will review:
 The relative poverty of the population to be targeted by the eligible entity; and
 The ability of the eligible entity to obtain such matching funds.
Grantee must submit to MDE a sustainability plan to include mission/goal, and how you will use your
advisory committee to build support.

Eligibility of Private Schools
NCLB Section 1120(a) requires school districts to evenly distribute their Title funds among eligible,
poor students, parents, teachers, and other educational personnel in both public and private/non-
public schools. Section 9501(c)(3) of NCLB requires the local education agency (LEA) or grantee to
consult with private school officials in a “timely and meaningful” fashion. Private School Consultation
Form must be completed and documentation maintained on file.

Program Implementation
21st CCLC Programs must become operational within 30 days of receiving the MDE award notification
or within eight weeks from the first day of school, whichever is later.




                                                   5
                                    APPLICATION PROCEDURES

Procedures for Delivery of the Proposal
One (1) original and seven (7) copies of the proposal must be received by 3:00 P.M. on Tuesday,
May 19, 2009 at the following address:

             Physical Address:
             Mississippi Department of Education
             Attn: Ms. Lorraine Wince
             359 North West Street
             Central High School Building, Suite 307
             Jackson, MS 39201

Upon receipt, the sealed proposals will be opened and recorded in Suite 307 of the Central High
School Building. The offeror is responsible for ensuring the competitive proposal is delivered by
the required time and assumes all risks of delivery.

Incomplete proposals will not be accepted and will not be returned for revisions. No faxed
or e-mail copies will be accepted. Because this process is very competitive, eligible entities
are encouraged to use a rigorous proofreading process. Proposals will not be accepted
after the deadline.

Acceptance of Proposals
The Mississippi Department of Education (MDE) reserves the right, in its sole discretion, to waive
minor irregularities in proposals. A minor irregularity is a variation from the proposal that does not
affect the application, or give one offeror an advantage or benefit not enjoyed by other offerors, or
adversely impacts the interest of the MDE.

Rejection of Proposals
Proposals that do not conform to the requirements as outlined may be rejected by the MDE.
Proposals may be rejected for reasons that include, but are not limited to, the following:
 The proposal contains unauthorized amendments to requirements as outlined herein.
 The proposal is conditional.
 The proposal is incomplete or contains irregularities that make the proposal indefinite or
   ambiguous.
 An authorized representative of the applicant does not sign the proposal.
 The proposal contains false or misleading statements or references.
 The proposal does not meet all requirements as outlined herein.

Disposition of Proposals
All proposals become the property of the MDE.

Conditions of Solicitation
The MDE reserves the rights to accept, reject, or negotiate regarding a submitted proposal on the
basis of the evaluation criteria contained in this document. The final decision to award a grant
rests solely with the MDE.




                                                   6
                                   PROPOSAL REQUIREMENTS

Proposals must be submitted utilizing the format described in the Request for Proposals. This file may
be downloaded from the Mississippi Department of Education's web page at http://
www.mde.k12.ms.us, or may be e-mailed upon request. The following components must be
included, in the following order, in all proposals that are submitted:
 A completed PROPOSAL COVER PAGE (page 11) with all original signatures in blue ink;
 Signed ASSURANCES with original signatures in blue ink (pages 13-18);
 A complete PROJECT NARRATIVE (page 20-21); and
 A complete BUDGET (pages 23-25) prepared according to the following:
      o Work closely with your business manager for assistance in preparing your budget.
      o Indicate the organization name in the appropriate blanks.
      o In completing the budget table, use the space provided under the “General Descriptions”
          column to detail the description of all expenditures. Include information that will
          sufficiently document the necessity and reasonableness of all expenditures. Also,
          detail the computations used to arrive at the total amount indicated for each line
          item.
      o Remember that the minimum award for a single grant is $50,000 per year and the
          minimum award for a consortium is $100,000 per year; therefore, offerors must request no
          less than $50,000 per year for a single grant and $100,000 per year for a consortium
          grant.
      o Indirect costs are allowed at the restricted rate. (Please refer to section G-9 of the
          Non-Regulatory Guidance.)
      o Direct and indirect costs for non-profits are to be figured in accordance with OMB
          circular A-122 and in accordance with the governing authority for that organization.
      o The 21st CCLC funds must supplement, and not supplant, Federal, State, and local
          funds that LEAs, schools, and organizations would otherwise receive.
      o There is no administrative cap for schools and school districts.
 REQUIRED COLLABORATION (page 27, if applicable).
 AGREEMENT FOR CONSORTIUM GRANTS (page 28, if applicable).
 AGREEMENT FOR COLLABORATION PRIORITY POINTS (page 29, if applicable).
 AGREEMENT FOR MIDDLE SCHOOLS/HIGH SCHOOLS (page 30, if applicable)
 PARTICIPANT LETTER(S) (page 31 - is required if offeror is not a school or LEA).
 DOCUMENTATION OF PRIORITY POINTS (page 32, if requesting priority points).
 A penalty of 2 points will be deducted for each minimum requirement that is not met.

                                   AUTHORIZED ACTIVITIES
Funds may be used to carry out a broad array of before and after school activities (including during
summer recess periods) that advance student academic achievement, including –
 Intervention and remedial education activities and academic enrichment learning programs,
   including providing additional assistance to students to allow the students to improve their
   academic achievement;
 Mathematics and science education activities;
 Arts and music education activities;
 Entrepreneurial education programs;
 Tutoring services (including those provided by senior citizen volunteers) and mentoring programs;
 Programs that provide after school activities for limited English proficient students that emphasize
   language skills and academic achievement;
 Recreational activities;
 Telecommunications and technology education programs;

                                                   7
   Expanded library service hours;
   Programs that promote parental involvement and family literacy;
   Programs that provide assistance to students who have been truant, suspended, or expelled to
    allow the students to improve their academic achievement; and
   Drug and violence prevention programs, counseling programs, and character education programs.

                                      SELECTION PROCESS
A Peer Review Committee authorized by the MDE will evaluate proposals. Each proposal will be
evaluated using the selection criteria found on page 9. The Review Committee will recommend the
proposals to be funded to the Mississippi Department of Education’s Office of Innovative Support, the
State Superintendent of Education, and the State Board of Education.

The grants will be negotiated with the offerors who have the highest points and are comprehensive
and responsive as determined by the evaluation committee. The MDE reserves the right to reject any
proposals and to negotiate with the best offerors to address issues other than those described in the
proposal.

Priority Points
The priority points listed below will be weighted to give competitive preference to organizations where
21st CCLC dollars can make the most impact by:
 Serving students who attend schools identified for improvement according to Section 1116 of Title
   I legislation. (2 points)
 Submitting a proposal jointly with at least one LEA receiving funds under Title I Part A and at least
   one public or private community organization. (4 points)
 Submitting a proposal written for Middle and/or High School students exclusively. (4 points)
Priority points can only be awarded after the 80point minimum score is achieved.

                                              TIME LINE
                    (Dates subject to change pending final congressional appropriations)

April 13, 2009                                    RFP Issued
April 20, 2009                                    Intent to submit form due
April 30, 2009                                    Technical assistance meeting
May 19, 2009; 3:00 p.m.                           Proposals due
May 26-June 5, 2009                               Evaluation of proposals
July 17, 2009                                     State Board of Education approval
July 17, 2009                                     Notification of awards (contingent on State Board
                                                  approval)
July 23, 2009                                     Revisions due (if needed)
August 1, 2009                                    Authorization to expend, pending approved revisions




                                                     8
                SAMPLE CRITERIA FOR EVALUATION OF PROPOSALS
Evaluation of proposals will be based upon the following criteria. Maximum points for each criterion are
as follows:


                                                                       MAXIMUM POINTS
   I.     Project Description                                                               40
           Need for program
           Targeted students and selection criteria
           Recruitment and retention of targeted students
           Before and after school and/or summer recess
             activities to be funded
           Transportation to and from the center and home
           Safe and easily accessible environment
           Dissemination of information about the center
           Must implement at least one activity focused on
             reducing dropout rate
           Must provide at least one character education activity
           Clear objectives and time lines and how activities
             will improve student academic achievement in reading and math
           Addressed principles of effectiveness
           Experienced or promise of success and professional development
           Program must operate at least three days per week at
             a minimum of 9 hours per week
           Provide daily nutritious snacks
   II.    Collaboration                                                                     10
           Collaboration between an LEA or school and
             a community-based organization or another
             public or private organization
           Program developed and carried out in active
             collaboration with schools students attend
           Federal, State, and local programs coordinated
             with proposed program for most effective use
             of resources
           Optional use of qualified seniors as volunteers
           Creation and maintenance of an Advisory committee
   III.   Evaluation                                                                        10
           Community needs and available resources
           Evaluation methods to measure project success
             and ongoing evaluation for modifications and
             enhancement
           Evaluation related to student achievement, including
             multiple measures of success
           Evaluation related to overall objectives of the project




                                                    9
IV.   Continuation                                             10
       Sustainability
       Effective Program Management
V.    Budget                                                   30
       Cost effectiveness
       Resources concentrated in areas other than equipment
       Resources concentrated in areas other than salaries
       Decreasing budget for years three, four, and five
       Accuracy of calculations




                                           10
                                    INTENT TO SUBMIT FORM

Submitting this form allows the MDE to appropriately plan for the evaluation
process.
We intend to submit a 21st CCLC grant proposal.

ORGANIZATION:

ADDRESS:

PHONE NUMBER:

AUTHORIZING SIGNATURE:

DATE OF SUBMISSION:

Please complete this form and return by April 20, 2009 to:

                Karen Austin
                21st CCLC Coordinator
                Office of Innovative Support
                P.O. Box 771
                Jackson, Mississippi 39205
Or fax to:
                Karen Austin
                601-359-2587
Or e-mail to:
                kaustin@mde.k12.ms.us

QUESTIONS regarding this Request for Proposal (RFP)/grant competition and
REQUESTS for an e-mailed copy of the RFP should be directed to:
Karen Austin or Charlotte Bryant, 21st CCLC Coordinators, 601-359-3499,
kaustin@mde.k12.ms.us or cbryant@mde.k12.ms.us.




                                                     11
                           21ST CENTURY COMMUNITY LEARNING CENTERS (CCLC)
                                FY 10 (School Year 2009-2010) PROPOSAL PACKAGE
    Cover Page                          _____ New Grant                         _____Renewal Grant
 Name:                                     Address:                                  City, State:
 Phone:                                    Fax:                                      E-mail:

 Amount Requested            Amount Requested           Amount Requested          Amount Requested         Amount Requested
 Fund Year 9-10 (100%)       Fund Year 10-11 (100%)     Fund Year 11-12 (80%)     Fund Year 12-13 (60%)    Fund Year 13-14 (40%)
 $______________             $______________            $______________           $______________          $______________

 Congressional District:                    ______ Individual Grant                  ____ Rural (mostly agricultural community)
                                            ______ Consortium Grant                  ____ Urban (considered to be mostly city)
                                                                                     ____ Other (town, suburban)

 NAME OF EACH                ADDRESS OF EACH          TITLE I          FREE /               NUMBER OF           GRADE LEVELS
 SCHOOL                      SCHOOL:                  STATUS OF        REDUCED              STUDENTS TO BE      TO BE SERVED:
 STUDENTS BEING                                       SCHOOL:          LUNCH RATE           SERVED BY
 SERVED ATTEND:                                       (Schoolwide –    FOR EACH             GRANT:
                                                      Targeted         SCHOOL:
                                                      Assistance –
                                                      School in
                                                      Improvement)




Required signatures/dates:


Superintendent/Executive Director                             Date                                      Typed Name


Local Board President                                         Date                                     Typed Name


Project Coordinator                                           Date                                     Typed Name


Phone Number for Project Coordinator                          E-Mail Address for Project Coordinator


Mailing Address for Project Coordinator

       For MDE use only:
       Mississippi Department of Education Approval

       21st CCLC Coordinator

       Division Director

       Melba Beasley, Director OFFM

       Quentin Ransburg, Director OIS

       Approval Date:


                                                                 12
                                          ASSURANCES
The grantee hereby assures that, in accordance with the statute, the agency or consortium
ofagencies submitting this proposal shall comply with the following:

Assurances from Title IV, Part B, Section 4204 of the No Child Left Behind Act of 200
  1. The program will take place in a safe and easily accessible facility;
  2. The proposed program was developed, and will be carried out, in active collaboration with the
     schools the students attend;
  3. The program will primarily target students who attend schools eligible for schoolwide programs
     under Section 1114 and the families of such students;
  4. Funds under this part will be used to increase the level of State, local, and other non-Federal
     funds that would, in the absence of funds under this part, be made available for programs and
     activities authorized under this part, and in no case supplant Federal, State, local, or non-
     Federal funds;
  5. The community was given notice of an intent to submit an application; and
  6. After the submission, the applicant will provide for public availability and review of the
     application and any waiver request.

General Assurances from Title IX, Part C, Section 9306 of the Elementary and Secondary
Education Act (Public Law 107-110)
  7. Each such program will be administered in accordance with all applicable statutes, regulations,
      program plans, and applications;
  8. (A) The control of funds provided under each such program and title to property acquired with
      program funds will be in a public agency or in a nonprofit private agency, institution,
      organization, or Indian tribe, if the law authorizing the program provides for assistance to such
      entities; and (B) the public agency, nonprofit private agency, institution, or organization, or
      Indian tribe will administer the funds and property to the extent required by the authorizing
      statutes;
  9. The grantee will adopt and use proper methods of administering each such program, including
      (A) the enforcement of any obligations imposed by law on agencies, institutions, organizations,
      and other recipients responsible for carrying out each program; and (B) the correction of
      deficiencies in program operations that are identified through audits, monitoring, or evaluation;
  10. The grantee will cooperate in carrying out any evaluation of each such program conducted by
      or for the State educational agency, the Secretary or other Federal officials;
  11. The grantee will use such fiscal control and fund accounting procedures as will ensure proper
      disbursement of, and accounting for, Federal funds paid to the applicant under each such
      program;
  12. The grantee will (A) submit such reports to the MDE (which shall make the reports available to
      the Governor) to perform its duties under the program; and (B) maintain such records, provide
      such information, and afford such access to the records as the MDE may reasonably carry out
      the MDE’s duties; and
  13. Before the application was submitted, the applicant afforded a reasonable opportunity for public
      comment on the application and considered such comment.

According to Mississippi Department of Education (MDE) policy:
  14. The grantee agrees to the applicable provisions of the Education Department General
      Administrative Regulations (EDGAR): 34 CFR Subtitle A, Parts 1-99. The grantee
      adheres to the applicable regulations of the Office for Civil Rights, U.S. Department of
      Education: 34 CFR Subtitle B, Parts 100-199. The grantee shall be an equal opportunity
      employer and shall perform to all applicable requirements; accordingly, the applicant shall
      neither discriminate nor permit discrimination in its operations or employment practices
      against any person or group of persons on the grounds of race, color, religion, national
                                                  13
    origin, handicap or sex in any manner prohibited by law. Further, the applicant agrees to
    comply with the Civil Rights Acts of 1964, Title IX of the Education Amendments of 1972,
    Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the
    Americans with Disabilities Act.
15. The grantee adheres to applicable Office of Management and Budget (OMB) Circulars,
    regarding cost principles (OMB Circular A-87 “Cost Principles for State, Local, and Indian
    Tribal Governments”, OMB Circular A-21 “Cost Principles for Educational Institutions”,
    OMB Circular A-122 “Cost Principles for Non-Profit Organizations”, OMB Circular A-133
    “Audits of State, Local Governments, and Non-Profit Organizations”).
16. The LEA/grantee assures that the salary and wage charges will be supported by proper
    time reporting documentation that meets the requirements of OMB Circular A-87.
17. All Non-Federal entities/grantees that expend $500,000 or more in a year in Federal
    awards shall have a single or program-specific audit conducted for that year in accordance
    with provisions of OMB Circular A-133.
                     A. Do you receive other federal funds? Circle one: YES or NO
                        If yes, list amount of federal expenditures for the last fiscal year ended:
                        $______________________________
                     B. Period of time the most recent audit covers.
                        From_____________ ___, 20___ to ______________ ___, 20___
                     C. Period of time the next scheduled audit will cover.
                        From_____________ ___, 20___ to ______________ ___, 20___
18. The grantee agrees that the MDE, or any of its duly authorized representatives, at any
    time during the term of this agreement, shall have access to, and the right to audit
    examine any pertinent books, documents, papers, and records of grantee related to
    grantee's charges and performance under this agreement. Such records shall be kept by
    grantee for a period of five years after final payment under this agreement, unless the
    MDE authorizes their earlier disposition. Grantee agrees to refund to the MDE any
    overpayments disclosed by any such audit. However, if any litigation, claim, negotiation,
    audit, or other action involving the records has been started before the expiration of the
    five-year period, the records shall be retained until completion of the action and resolution
    of all issues, which arise from it.
19. The grantee assures that it possesses legal authority to apply for and receive funds under
    this agreement.
20. The grantee certifies they have not been barred from contracting or otherwise doing
    business with the State or Federal Governments.
21. This agreement shall not be modified, altered, or changed except by mutual agreement by
    an authorized representative(s) of each party to this agreement, and must be confirmed in
    writing through MDE grant modification procedures.
22. The grantee shall perform all services as an independent grantee and shall discharge all
    of its liabilities as such. No act performed or representation made, whether oral or written,
    by grantee with respect to third parties shall be binding on the MDE.
23. The MDE, by written notice, may terminate the grant, in whole or in part, if funds
    supporting the grant are reduced or withdrawn. To the extent that the grant is for services,
    and if so terminated, the MDE shall be liable only for payment in accordance with payment
    provisions of the grant for services rendered prior to the effective date of termination. The
    MDE, by written notice, may terminate the grant for nonperformance by the grantee at any
    time during the term of the grant. The grantee agrees that work, data, etc. created under
    the auspices of the grant shall be turned over to the MDE upon such termination. The
    MDE, in whole or in part, may terminate the grant for cause by written notification.
    Furthermore, the MDE and the grantee may terminate the agreement, in whole or in part,
    upon mutual agreement. Either the MDE or the contractor may terminate this agreement
    at any time by giving written notice to the other party of such termination and specifying

                                                 14
      the effective date thereof. The contractor shall be paid an amount which bears the same
      ratio to the total compensation as the services actually performed bear to the total services
      of the contractor covered by the agreement, less payments of compensation previously
      made.
  24. This agreement, and all matters or issues collateral to it, shall be governed by, and
      construed in accordance with, the laws of the State of Mississippi.
  25. The grantee shall not assign or subcontract in whole or in part, its rights or obligations
      under this agreement without prior written consent of MDE. Any attempted assignment
      without said consent shall be void and of no effect.
  26. The LEA further assures that any and all technology purchases made with funds received from
      this grant are in accordance with the MDE-approved local technology plan and meet the
      minimum technical specifications set forth by the MDE.

Furthermore,
  27. The grantee assures that it meets the three certifications as specified in ED Forum 80-0013,
      regarding lobbying, debarment / suspension / responsibility status, and drug-free workplace.
  28. The grantee assures that it meets as applicable, the assurances as specified in OMB Form No.
      1348-0040, relating to legal authority to apply for assistance; access to records; conflict of interest;
      merit systems; nondiscrimination; Hatch Act provisions; labor standards; flood insurance;
      environmental standards; wild and scenic river systems; historic preservation; protection of human
      subjects; animal welfare; lead-based paint; Single Audit Act; and general agreement to comply
      with all Federal laws, executive orders, and regulation.
  29. The grantee assures that it will adopt all USDE goals and objectives for the NCLB, Title IV, Part B.

I have read the above assurances and will adhere to them for the implementation of the
Federal program included in this application.


Authorized Agency Signature                                       Date



Title of Authorized Person



Name of Organization




                                                     15
        Mississippi 21st Century Community Learning Centers (CCLC)
                             Program Assurances
                           Program Year 2009-2010
                            Please read this form carefully before signing

1. The Applicant(s) hereby assures and agrees that, in accordance with statues and regulations,
   submitting this proposal shall comply with the following:

2. The community was given notice of intent to submit an application, and that the application will
   be available for public review after submission of the application;

3. Funds under this part will be used to increase the level of State, local, and/or other non-federal
   funds that would, in the absence of funds under this part, be made available for programs and
   activities authorized under this part, and in no case supplant Federal, State, local, or non-
   Federal funds;

4. The proposed program has engaged in timely and meaningful consultation with private school
   officials;

5. Property acquired (e.g., computers, classroom desks, tables, etc.) under the 21st CCLC
   program will remain within the appropriate facility for continued use in the 21st CCLC program
   after the funding period has expired. If program ends, all property will remain with the district
   where students attend, to be disposed of by MDE;

6. The proposed 21st CCLC program was developed, and will be carried out, in active
   collaboration with the schools the students attend;

7. The program will take place in a safe and easily accessible facility;

8. The program will provide services to the proposed number of students on a daily basis, as
   proposed in the RFP;

9. Student populations to be served by the 21st CCLC program are not being served by another
   existing 21st CCLC program or proposed within another submitted competitive proposal. A list
   of schools currently being served by 21st CCLC programs can be found on
   http://www.mde.k12.ms.us/innovative_support/21st_Century_Learning.htm (applicants should
   inquire about other services when collecting support letters from schools);

10. All 21st CCLC students will be in attendance during the regular school day;

11. The program will primarily target students who attend schools eligible for schoolwide programs
    under Section 1114 and the families of such students;

12. Each 21st CCLC program will operate at least three days per week at a minimum of 9 hours
    per week of afterschool programming;

13. The fiscal agent will adopt and use proper methods of administering each program, including:
        The enforcement of any obligations imposed on agencies, institutions, organizations,
           and other recipients responsible for carrying out each program; and
        The correction of deficiencies in program operations that are identified through audits,
           monitoring, evaluation, and/or technical assistance.

14. The program will carry out 21st CCLC activities for the hours, days, and weeks of operation as
    proposed in the RFP;

                                                 16
   15. The program will offer daily, nutritious snacks that meet the requirements of the USDA
       National School Lunch Program for meal supplements. Mississippi 21st CCLC programs that
       operate on Saturday or non-school days are required to provide either a three or four hour day
       depending on the amount requested for core funding. Saturday or non-school day programs
       will offer a daily nutritious breakfast and/or snack that meets the USDA requirements. This
       funding cannot be drawn from 21st CCLC funds and must come from other resources;

   16. The program understands that the summative evaluation report is required of all 21st CCLC
       programs, that this report will be compared to all data submitted to the Mississippi Department
       of Education (MDE), that this report may be used to determine continuation of funding,
       excellence awards, and that adequate progress has been defined as achieving 80% of
       approved objectives;

   17. The grantee understands and agrees that the MDE, regardless of the originally approved
       amount, has the authority to equitably reduce the amount of funding for failing to meet daily
       student attendance numbers, amount of operation (days and hours), and/or activities, and
       timely drawing down of funds;

   18. The grantee agrees to fully cooperate with all monitoring, audit, evaluation, and reporting
       requirements established by the MDE and/or authorized representatives;

   19. The new 21st CCLC programs will be operational within 30 days of receiving the MDE award
       notification or within four weeks from the first day of school, whichever is later;

   20. The grantee in an effort to ensure broad-based community involvement, shall establish a local
       21st CCLC Advisory Board composed of students, parents, teachers, community agencies, ad
       other stakeholders. At least two meetings per year must be held, with minutes taken and
       attendance recorded.

   21. The continuation 21st CCLC programs will be operational within four weeks from the first day of
       school;

   22. The grantee agrees to participate in all statewide evaluation activities (e.g. cooperate with site-
       visits, responding to data request, submitting accurate data);

   23. The grantee will submit all required data and reports, as required and/or requested, to the
       State of Mississippi and the United Stated Department of Education (USDOE);


Signature of Fiscal Agent:                       _____         Date:
  (If applicable)
Signature of Partner:                                          Date:

Signature of Partner:                                          Date:

Signature of Partner:                                          Date:




                                                   17
            Mississippi 21st Century Community Learning Centers (CCLC)
                     Statement of Assurance for Evaluation Data
                               Program Year 2009-2010
                              Please read this form carefully before signing

While the 21st CCLC grant may include five years of subsequent funding, the years following the initial
year are dependent upon the evaluation of data supporting successful program implementation
aligned with the components of the Request for Proposal (RFP) submitted.

I understand that I must submit the Annual Evaluation, Quarterly Assessment Report, Continuation
Application, Sustainability Plan, Profile and Performance Information Collection System (PPICS) Data
and Year End Performance Report to the Mississippi Department of Education (MDE) as required
and outlined in the RFP.

I understand that if the aforementioned evaluation data does not support program progress as
required, the MDE may reduce and/or terminate future funding.




Signature of Fiscal Agent:                              Date:

Grantee Name:                                           ___________________________




                                                   18
                           PRIVATE SCHOOL CONSULTATION
                          Mississippi Department of Education
                        st
    Title IV, Part B, 21 Century Community Learning Centers (CCLC) Program
                                      FY 2009-2010
The office of Management and Budget Circular A-133 Compliance Supplement, Cross Cutting
Section, page 4-84.000-20 states:

“An SEA, LEA, or any other education service agency (or consortium of such agencies)
receiving financial assistance under an applicable program must provide eligible private
school children and their teachers or other educational personnel with equitable services or
other benefits under these programs. Before an agency or consortium makes any decision
that affects the opportunity of eligible private school children, teachers, and other educational
personnel to participate, the agency or consortium makes any decision that affects the
opportunity of eligible private school children, teachers, and other educational personnel to
participate, the agency or consortium must engage in timely and meaningful consultation with
private school officials”

Please complete the form below related to the involvement of eligible private schools in Title IV, Part
B, 21st CCLC grant activities.




        There are no private schools located within the boundaries of the school district. If you check
this statement, you do not need to complete the remainder of this form.

       There are private schools located within the boundaries of the school district and these
       schools listed below were consulted prior to the development of the Title IV, Part B, 21st CCLC
application. Check all that apply.

      School Name(s):

      Method(s) of Contact – Applicant Initiated
                   Letters of facsimile document
                   Meetings
                   Documented telephone calls
                   E-mail
                   Other – list (please be specific):



Signature of Fiscal Agent                               Date




                                                   19
                                  PROJECT NARRATIVE

Please submit a narrative of the proposed 21st CCLC program. The entire narrative should be limited
to no more than fifteen pages, front only, and no fonts smaller than 11 in size.

Following the same order, please use the required components listed below as the headings for each
narrative section in the proposal. The project narrative should address the following required
components:

Project Description
 An evaluation of the community needs and available resources for the community learning center
   and a description of how the proposed program in the center will address those needs (including
   the needs of working families);
 Selection criteria and students targeted for the program
 Student recruitment and retention
 Before-and after-school and/or summer recess activities to be funded;
 Where the program will take place (must be in a safe and easily accessible facility);
 Hours and Days of operation – Centers must be in operation for at least three days per week at a
   minimum of 12 hours per week;
 How students will travel safely to and from the center and home;
 The program will take place in a safe and easily accessible facility;
 How the organization will disseminate information about the center (including its location) to the
   community in a manner that is understandable and accessible;
 How the activities are expected to improve student achievement; cite clear timelines and
   objectives;
 How the program will meet the following principles of effectiveness by being based on:
   o An assessment of objective data regarding need for the before- and after-school programs
       (including during summer recess periods) and activities in the schools and communities;
   o An established set of performance measures aimed at ensuring the availability of high-quality
       academic enrichment opportunities; and
   o If appropriate, scientifically based research that provides evidence that the program or activity
       will help students meet State and local student academic achievement standards;
 The eligible organization’s experience, or promise of success, in providing educational and related
   activities that will complement and enhance the academic performance, achievement and positive
   youth development of students; and
 The program will offer daily, nutritious snacks that meet the requirements of the USDA National
   School Lunch Program for meal supplements.
 As part of the Mississippi Department of Education’s Dropout Initiative, applicants must implement
   at least one activity focused on reducing dropout rates in the targeted student population from the
   National Dropout Prevention Center/Network.
 Applicant must provide character education to student participants through specific activities
   and/or embedded topics within other activities. The philosophy of character education is rooted in
   the belief that, in addition to academic attainment, a comprehensive educational experience
   includes the students’ social, ethical, and emotional development.

Collaboration
 The collaboration between an LEA or school(s) and a community-based organization or another
   public or private organization;
 The program was developed and will be carried out in active collaboration with the schools the
   students attend;
 Federal, State, and local programs that will be combined or coordinated with the proposed
   program for the most effective use of resources;
                                                  20
   How the applicant will use qualified seniors to serve as volunteers (optional); and
   How the applicant will create and maintain an Advisory Committee.

Evaluation
 Evaluation methods to measure project success, including ongoing evaluation for modifications
   and enhancements of the project;
 How the project will increase student achievement, including multiple measures of success; and
 How the evaluation methods are related to the overall objectives of the project.

Continuation
 How will the efforts proposed be sustained after the 21st CCLC funding ends; and
 How the applicant will effectively manage the program.

Academic Criteria (Required For Years Two, Three, Four, And Five)
 Sufficient gains in participating student academic achievement, as evidenced in:
  State assessments for accountability (MCT, Subject Area Test)
  o End-of-year report card grades
  o Student classroom portfolio
  o Student classroom participation
  o Student after school attendance
  o Student conduct reports;
 Other indicators for Program Quality
  o Family involvement and/or participation
  o Community involvement and/or participation, and
  o Participation in enrichment activities.




                                                   21
                           INSTRUCTIONS FOR BUDGET FORMS

                                      GENERAL INSTRUCTIONS

This budget form is for the 21st CCLC competitive grant program. Provide the same budget
information for year one and two of the funding request. You may request an amount equal to or less
than the first year for year two. Pay attention to applicable program specific instructions given in the
RFP.

                                         BUDGET SUMMARY

Budget Summary Form A (REQUIRED)
All applicants must complete Form A and provide a breakdown by the applicable budget categories
shown in lines 1-12.

Lines 1-11 Project Year 1-5: For each project year for which funding is requested, show the total
amount requested for each applicable budget category.

Line 12, Project Year 1-5: Show the total budget request for each project year for which funding is
requested.

Budget Summary for Matching Funds Form B (REQUIRED)

Provide matching funds, in-kind or other non-Federal resources to the project; however, if you are
providing resources from other areas, these resources should be shown for each applicable budget
category on lines 1-12 of this budget section.

Lines 1-11, Project Year 1-5: For each project year for which matching funds or other contributions
are provided, show the total contribution for each applicable budget category.

Line 12, Project Year 1-5: Show the total matching or other contribution for each project year.

Budget Narrative Information – Please pay attention to applicable program specific
instructions and allowable expenditures.
1. Provide an itemized budget breakdown, by project year, for each budget category listed in the
   budget summary pages.
2. Enter the indirect cost rate that will be in effect during the funding period. Use the restricted rate.
   In addition, enter the estimated amount of the base to which the rate is applied, and the total
   indirect expense.
3. Provide the rate and base on which fringe benefits are calculated.
4. Provide other explanations or comments you deem necessary.
5. Administrative and Indirect cost rates for non-profits are to be handled according to OMB Circular
   A-122 and in accordance with the governing authority of that specific non-profit.
6. There is no specific cap on administrative costs for school districts.




                                                   22
                                                     FORM A                                                           FY 10, 11, 12, 13 and 14 Projected
                                       Mississippi Department of Education                                            Budget Summaries
                                            BUDGET SUMMARY PAGE
                             21ST CENTURY COMMUNITY LEARNING CENTERS PROGRAM                                          Fund Number: 2812
                                                                            Applicants must request funding for five years. Applicants requesting funding for multi-year
Name of Institution/Organization:                                           grants should complete all applicable columns. Please read all instructions before
                                                                            completing form.

                                                           BUDGET SUMMARY – FORM A
                                                 st
                                               21 Century Community Learning Centers Program Funds
                                    Project Year 1         Project Year 2    Project Year 3                 Project Year 4                    Project Year 5
Budget Categories                       100%                   100%         80% (20% Match)                60% (40% Match)                   40% (60% Match)
1. Personnel
(Non Administrative)

2. Administration

3. Fringe Benefits

4. Travel

5. Equipment

6. Supplies

7. Contractual

8. Other (Specify)

9. Total Direct Costs
(lines 1-8)

10. Indirect Costs

11. Training Stipends
12. Total Costs
(lines 9-11)
                                              FORM B - BUDGET SUMMARY
                                       FOR OTHER LOCAL, STATE RESOURCES OF
                            MATCHING OR IN-KIND FUNDS (NOT REQUIRED FOR YEAR 1 AND YEAR 2)
                                                                   Applicants requesting funding for multi-year grants should complete all
Name of Institution/Organization:                                  applicable columns, using additional resources. Please read all
                                                                   instructions before completing form. Completing this form will not add
                                                                   points to the proposal.

                            Project Year 1   Project Year 2        Project Year 3            Project Year 4              Project Year 5
Budget Categories           Not Required     Not Required            Required                  Required                    Required

1. Personnel
(Non Administrative)

2. Fringe Benefits

3. Travel

4. Equipment

5. Supplies

6. Contractual

7. Construction

8. Other (Specify)

9. Total Direct Costs
(lines 1-8)

10. Indirect Costs

11.Training Stipends

12. Total Costs
(lines 9-11)




                                                              24
                                                                     BUDGET NARRATIVE

Use the Budget Narrative form to provide a complete budget narrative for each year of the project. On this page, please provide a brief but detailed budget narrative that
explains: (1) the basis for estimating the costs of professional personnel salaries, administrative costs, benefits, project staff travel, materials and supplies, consultants,
indirect costs, and any projected expenditures; (2) how the major cost items relate to the proposed activities and how these activities will help students achieve higher
standards; and (3) using a duplicate of this form, provide a detailed description, if applicable, explaining in-kind support or funding provided by partners in the project. This
information should include a detailed description of the costs included, sufficient to document the necessity and reasonableness of all costs, and a clear and concise
description of the computations used to arrive at the total amounts indicated. This page may be reproduced as needed.
CATEGORY / ACTIVITY                 AMOUNT              GENERAL DESCRIPTION

Personnel
(Non Administrative)

Administration

Fringe Benefits

Travel

Equipment


Supplies

Contractual

Other (Specify)

Indirect Costs

Training Stipends

Subtotal for Each Page
GRANT TOTAL

Organization:                                                                                                                                     Page            of


                                                                                      25
Additional

 Required

Information
                      REQUIRED COLLABORATION
          (Required for all Applicants EXCEPT Schools or LEAs)
The proposed project must be developed, and carried out, in active collaboration with the
school(s) where the targeted students attend. Please list in the chart below the school
personnel that participated in these activities. (Must include the superintendent and
principal(s) of school(s) involved.) The participation letter found on page 31 must be
submitted for each school/district listed below.



   School Official, Title, and Phone Number            School / District




                    Note: Page may be duplicated as many times as needed.




                                              27
             AGREEMENT FOR CONSORTIUM GRANTS
When jointly submitting a consortium grant, each member of the consortium must have a
contact person and phone number. The participation letter found on page 31 must be
submitted for each member listed. This form is required for all consortium applications.



Project Contact Person/Title - Phone              District/Organization, etc.
Number




                    Note: Page may be duplicated as many times as needed.




                                             28
     AGREEMENT FOR COLLABORATION PRIORITY POINTS
When jointly submitting a grant with partnerships, each partner participating in the grant
must have a contact person and phone number. The participation letter found on page 31
must be submitted for each partner listed. This form is required to receive priority points.



Project Contact Person/Title - Phone Number             District/Organization, etc.




To create 21st CCLC programs that are both comprehensive and high-quality, preference for
funding will be given to applications that are submitted jointly between at least one Local
Education Agency (LEA) proposing to serve students who attend schools identified for
improvement by the Mississippi Department of Education (MDE), and are receiving funds under
Part A of Title I, and at least one public or private community organization and/or faith based
organization. Narratives must explain and provide documentation verifying participation of the
partner. Detailed letter(s) of joint application, beyond the standard partnership commitment letters,
are required.

To be viewed as a joint application, there must be evidence that (1) the LEA and at least one other
organization collaborated extensively in the planning and design of the program; (2) each joint
applicant organization has substantial roles to play in the delivery of services; (3) all joint applicant
organizations share grant resources and have significant and ongoing involvement in the
management and oversight of the program. (4) Joint applicants must sign all assurances, as
required by MDE. An organization contracted to provide services is not considered a joint
applicant.

                       Note: Page may be duplicated as many times as needed.




                                                   29
AGREEMENT FOR MIDDLE/HIGH SCHOOL PRIORITY POINTS
Priority points will be given to those organizations submitting a proposal written for the
Middle School and/or High School students. Each participating must have a contact name
and number. The participation letter found on page 31 must be submitted for each partner
listed. This form is required to receive priority points.



School’s Name and Address                             Contact Name and Number




Preference for funding will be given to qualified applicants that (1) have previous experience and
success in providing services to middle school and/or high school students; and (2) propose
offering services exclusively to students from eligible middle school and/or high school students (6th
through 12th grade). Programs claiming this priority may not serve elementary school students as
part of this proposal, though may submit a separate proposal to include elementary school
students.

                      Note: Page may be duplicated as many times as needed.




                                                 30
                             PARTICIPATION LETTER


                                                            , 2009




Dear   (fiscal agent)                        :

This letter confirms that                                          is an active participant in the
project activities included in the proposal submitted by          (fiscal agent)
         . We have been involved in the planning and development of this project and will continue
to be involved in the following capacity:




Sincerely,




Authorized Signature



Title of Authorized Person




 This letter must be completed by the superintendent and principal of the school(s)
 the targeted students attend as well as by all active partners. It is to be addressed
to the fiscal agent of the project and it should contain the authorized signature(s) of
               the responsible parties. Additional lines may be added.




                                                 31
                DOCUMENTATION OF PRIORITY POINTS
In order to receive priority points, the appropriate
information must be completed on this form.
Serving students who attend schools identified for improvement according to Section 1116 of
Title I legislation. (2 points)


                          Provide Name of District(s) and School(s):




Submitting a proposal jointly by eligible entities consisting of not less than one LEA receiving
funds under Title I Part A and a community-based organization or other public or private
entity. (4 points)

                          Documentation: List all eligible entities here:




                          Must provide participation letter on page 31 for each partner
                          involved in the project.

                          In order to receive priority points, each entity must play
                          substantial roles in the delivery of services, share grant
                          resources to carry out those roles, and have significant on-going
                          involvement in the management and oversight of the program.
                          (According to the 21st CCLC Guidance, Section F-4.)




                                               32
    Tips

For Submitting

      A

  Proposal




      33
           TIPS FOR FORMATTING PROJECT NARRATIVE
   Number narrative sections and create headings to correspond to the required components.

   Avoid difficult-to-read fonts (i.e., Script, ALL CAPS).

   Adhere to the number of pages allowed; narrative should include all relevant material;
    appendices should not be used as “extra pages”.

   An Appendix is not required; however, if you have one, it should be limited to five pages.

   Use no fonts smaller than 11.

   Staple or securely bind proposal (this is a requirement); do not use paper clips or rubber
    bands.

       TIPS FOR COMPLETING THE PROJECTED BUDGET
       SUMMARY AND EXPENDITURE FUNCTION PAGES
   Indicate the name of your organization in the appropriate blank.

   If you are applying as the fiscal agent of a consortium, an appropriate breakout of the
    budget must be given. This may require more than one budget summary page and/or more
    than one copy of the expenditure function pages.

   Use the space provided under “General Description” to note your object descriptions, as well
    as the formula used for figuring the costs. Have several people check for accuracy of
    computations.

   Provide original signatures in blue ink.

   In completing the expenditure function narrative pages, provide in the general description
    space the computations used to arrive at the total amount indicated for each line item. The
    expenditure function pages should include a detailed description of the costs included,
    sufficient to document the necessity and reasonableness of costs, and a clear and concise
    description of the computations used to arrive at the total amounts indicated. Again, have
    several people check the computations for accuracy.

   Review the limitations that the guidance and legislation provide.

   The following expenditures are not allowable:
        Construction;
        excessive equipment/software purchases without companion professional
            development;
        unreasonable and/or unnecessary expenditures; or
        excessive consultant salaries;
        cost to develop, prepare, and/or write 21st CCLC proposal cannot be charged to the
            contract directly or indirectly by either the proposer or contractor
        out of state or overnight field trips, including retreats, lock-ins, etc.;
        dues to organizations, federations or societies;
        purchase of land and buildings and costs of new construction, renovation, or capital
            improvements to existing facilities;
        incentives for student participation.

                                                 34
                 MISSISSIPPI DEPARTMENT OF EDUCATION
                      STANDARD GRANT TERMS AND CONDITIONS

Appropriate terms and conditions should be selected from the list below to be included in
grants entered into by the Mississippi Department of Education. Other Special Conditions
may be included depending on the type of services and the grantee. Please note that some
federal grants may require alternate or additional conditions.

Changes

This agreement shall not be modified, altered or changed except by mutual agreement by
an authorized representative(s) of each party to this agreement, and must be confirmed in
writing through MDE grant modification procedures.

Independent Grantee

The Grantee shall perform all services as an independent Grantee and shall discharge all of
its liabilities as such. No act performed or representation made, whether oral or written, by
Grantee with respect to third parties shall be binding on the MDE.

Termination

The Mississippi Department of Education, by written notice, may terminate this grant, in
whole or in part, if funds supporting this grant are reduced or withdrawn. To the extent that
this grant is for services, and if so terminated, the Mississippi Department of Education
shall be liable only for payment in accordance with payment provisions of this grant for
services rendered prior to the effective date of termination.

The Mississippi Department of Education, in whole or in part, may terminate this grant for
cause by written notification. Furthermore, the Mississippi Department of Education and
the grantee may terminate this grant, in whole or in part, upon mutual agreement.

Either the Mississippi Department of Education or the grantee may terminate this
agreement at any time by giving 30 days written notice to the other party of such
termination and specifying the effective date thereof. The grantee shall be paid an amount
which bears the same ratio to the total compensation as the services actually performed
bear to the total services of the grantee covered by the agreement, less payments of
compensation previously made.

Access to Records

The Grantee agrees that the MDE, or any of its duly authorized representatives, at any time
during the term of this agreement, shall have access to, and the right to audit and examine
any pertinent books, documents, papers, and records of Grantee related to Grantee's
charges and performance under this agreement. Such records shall be kept by Grantee for
a period of five (5) years after final payment under this agreement, unless the MDE
authorized their earlier disposition. Grantee agrees to refund to the MDE any overpayments
disclosed by any such audit. However, if any litigation, claim, negotiation, audit or other
action involving the records has been started before the expiration of the 5-year period, the
records shall be retained until completion of the action and resolution of all issues, which
arise from it.




                                             35
                  MISSISSIPPI DEPARTMENT OF EDUCATION
                      STANDARD GRANT TERMS AND CONDITIONS

Laws

This agreement, and all matters or issues collateral to it, shall be governed by, and
construed in accordance with, the laws of the State of Mississippi.

Legal Authority

The Grantee assures that it possesses legal authority to apply for and receive funds under
this agreement.

Equal Opportunity Employer

The Grantee shall be an equal opportunity employer and shall perform to applicable
requirements; accordingly, Grantee shall neither discriminate nor permit discrimination in
its operations or employment practices against any person or group of persons on the
grounds of race, color, religion, national origin, handicap or sex in any manner prohibited
by law.

Copyrights

The Grantee: (i) agrees that the MDE shall determine the disposition of the title to and the
rights under any copyright by Grantee or employees on copyrightable material first
produced or composed under this agreement; and, (ii) hereby grants to the MDE a royalty
free, nonexclusive, irrevocable license to reproduce, translate, publish, use and dispose of,
to authorize others to do so, all copyrighted or copyrightable work not first produced or
composed by Grantee in the performance of this agreement, but which is incorporated in
the material furnished under the agreement, provided that such license shall be only to the
extent Grantee now has, or prior to the completion or full final settlements of agreement
may acquire, the right to grant such license without becoming liable to pay compensation
to others solely because of such grant.

Grantee further agrees that all material produced and/or delivered under this grant will not,
to the best of the Grantee’s knowledge, infringe upon the copyright or any other proprietary
rights of any third party. Should any aspect of the materials become, or in the Grantee’s
opinion be likely to become, the subject of any infringement claim or suite, the Grantee
shall procure the rights to such material or replace or modify the material to make it non-
infringing.

Personnel

Grantee agrees that, at all times, the employees of Grantee furnishing or performing any of
the services specified under this agreement shall do so in a proper, workmanlike and
dignified manner.

Surrender of Equipment

On termination or expiration of this agreement, grantee shall restore all equipment
furnished under this agreement to the Mississippi Department of Education in the same
condition as when originally made available to grantee, reasonable wear and tear expected.
Grantee and the Mississippi Department of Education shall jointly conduct a closing
inventory and grantee shall replace or repair all equipment lost, damaged, or destroyed to
make up any deficiency between opening and closing inventories.


                                             36
                 MISSISSIPPI DEPARTMENT OF EDUCATION
                        STANDARD GRANT TERMS AND CONDITIONS
Assignment

Grantee shall not assign or subgrant in whole or in part, its rights or obligations under this
agreement without prior written consent of the MDE. Any attempted assignment without
said consent shall be void and of no effect.

Availability of Funds

It is expressly understood and agreed that the obligation of MDE to proceed under this
agreement is conditioned upon the appropriation of funds by the Mississippi State
Legislature and the receipt of state and/or federal funds. If the funds anticipated for the
continuing fulfillment of the agreement are, at anytime, not forthcoming or insufficient,
either through the failure of the federal government to provide funds or of the State of
Mississippi to appropriate funds or the discontinuance or material alteration of the program
under which funds were provided or if funds are not otherwise available to MDE, MDE shall
have the right upon ten (10) working days written notice to the Grantee, to reduce the
amount of funds payable to the Grantee or to terminate this agreement without damage,
penalty, cost or expenses to MDE of any kind whatsoever. The effective date of reduction
or termination shall be as specified in the notice of reduction or termination.

Mississippi Ethics

It is the responsibility of the grantee to ensure that subcontractors comply with the
Mississippi Ethics Law in regard to conflict of interest. A statement attesting to said
compliance shall be on file by the grantee.




                                              37

				
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