10-28-2024 CC Agenda Packet - Laserfiche WebLink

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AFMN Community Grant Application with Assurances (GK203)18 iii.Duty not to infringe on intellectual property rights of others. Grantee represents and warrants that the Works and Documents created and paid for under this grant do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 5, Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at Grantee’s expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of these Works or Documents infringe upon the intellectual property rights of others. Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney’s fees. If such a claim or action arises, or in Grantee’s or State’s opinion is likely to arise, Grantee must, at State’s discretion, either procure for 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 State will be in addition to and not exclusive of other remedies provided by law. iv.Federal license granted.If federal funds are used in the payment of this grant, pursuant to 45 C.F.R. § 75.322, the U.S. Department of Health and Human Services is granted a royalty- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 7. Publicity and Endorsement Any publicity regarding the subject matter of this grant must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the Grantee’s website when practicable. Grantees should use the following language when crediting the State, “This [project] was supported in part with funding from Age-Friendly Minnesota.” Grantees should refer to AFMN’s Communication Policy for further information and adhere to approval policy and process outlined there. The Grantee must not claim that the State endorses its products or services. 8. Information Privacy and Security a. It is expressly agreed that State will not be disclosing or providing information protected under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) as “not public data” on individuals to Grantee under this grant. b. It is expressly agreed that Grantee will not create, receive, maintain, or transmit “protected health information,” as defined in the Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. § 160.103 (https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart- 111