HomeMy WebLinkAboutC2008-274 - 8/12/2008 - ApprovedAMERICAS PROMISE
ALLIANCE
• s
June 16, 2008
Ms. JoAnn Hooks
City's Education Advisor
1201 Leopard Street
5th Floor
Corpus Christi, TX 78401
Dear Ms. Hooks:
This letter serves as the grant agreement (the "Grant Agreement") between America's Promise Alliance
and the fiscal agent (the "Grantee"). As such, it outlines the terms and conditions that apply to the
$10,000 grant awarded for the purposes of hosting a summit that will allow community leaders to
convene key stakeholders to develop and/or advance action plans for improving the high school
graduation rate and ensuring young people are ready for college, work and life.
America's Promise Alliance will work with grantee to meet the intended summit goals, which include:
• Demonstrating leadership from multiple sectors, preferably through direct participation of elected
officials, chamber ofcommerce leaders and/or major employers, education officials, faith leaders,
academia, media, young people and the non-profit youth-serving community, among others.
• Building upon and partnering with existing local education reform efforts to raise academic
expectations that are aligned with requirements for success in college, work and life and ensure
necessary supports are in place to meet those expectations.
• Including youth voice and leadership in the planning of the summit, visible speaking roles, and
follow-up activities.
• Focusing on policy implications and opportunities to influence policy development at the local, state
and/or federal level.
• Promoting issues important to high-need populations, including youth in the child welfare system,
homeless and runaway youth, youth in the juvenile justice system, teen parents, etc.
• Including topical discussions that will result in the development of an action plan to improve youth
outcomes by strengthening low-performing schools and providing more wraparound supports to the
young people who need them most in that state or community.
• Committing to the development of aPost-Summit Action plan, based upon a common template,
within 60 days after completion of the Summit with elements derived from the following:
o The Alliance's three National Action Strategies (Where the Kids Are -beginning with schools,
wraparound services where at-risk youth and their families already are engaged; Ready for the
Real World -service-learning and career exploration for middle school aged students; and All
Kids Covered - enr~itment of eligible youth in state- and federally-funded health insurance
2008-274
08~12~08 LTS SAFE PLACES HEALTHY START EFFECTIVE EDUCATION OPPORTUNITIESTO HELP OTHERS
M2008-198 D, Washington, D.C. 20005 www.ameriraspromise.org tel 202.6570600 fax 202.657.0601
America's Promise Alliance
programs) which are supported by the Alliance's national partner organizations, and are viable
and agreed-upon solutions for providing more wraparound supports to young people.
o The "10-Point Plan to Address America's Silent Epidemic" whose policy and practice
recommendations have been approved by more than 100 leading national organizations.
o Other research-based solutions, such as those outlined by the American Diploma Project.
Terms and Conditions
Use of Grant Funds -All grant funds must be used only for charitable or educational purposes
within the meaning of Intemal Revenue Code Section 170(c)(2) and, more specifically, for the
purposes stipulated above (the "Permitted Uses") and substantially in accordance with the
attached approved budget. The grant funds may not be expended for any other purpose without
America's Promise Alliance's prior written approval. Any funds not expended for the purposes
of the grant during the grant term must be immediately returned to America's Promise Alliance.
Grantee must contact America's Promise Alliance if it wishes to propose an alternate use of Grant
funds from the Permitted Uses. Alternate use of Grant funds is permissible only if the Grantee
has first contacted America's Promise Alliance to propose such changes, and subsequently has
received America's Promise Alliance written approval to proceed with those changes.
2. Changes to the ~roiect plan -The Grantee is required to alert America's Promise Alliance to any
significant changes to its organization or the project that could potentially impede its ability to
implement plans and programs outlined in its proposal. Such changes would include but aze not
limited to significant alterations to its project activities/work plan, budget, staffing, funding from
other sources or relationships with other organizations in effect at the time of this Grant
Agreement. If there is any doubt about whether these changes are sufficiently significant to
require reporting, America's Promise Alliance staff must be consulted.
3. Prohibited activities -The Grantee agrees that no portion of the Grant shall be used for activities
that are prohibited to organizations exempt from federal income tax, including, without
limitation, the participation or intervention in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for public office, nor should the
Grant be used for attempting to influence legislation or lobbying.
4. Termination of Grant and Reversion of Grant funds -America's Promise Alliance reserves the
right to terminate this Grant Agreement, if, in its discretion, it deternunes that the Grantee has
made any misrepresentations, has in any way misappropriated Grant funds or has violated the
purpose or terms of this Grant Agreement. The declazation of bankruptcy by your organization or
loss of your organization's exemption from Federal income taxation as provided under Section
501(c)(3) of the Internal Revenue Code will automatically terminate the Grant. In the event that
America's Promise Alliance terminates this Grant Agreement pursuant to this Section, then the
Grantee will return Grant funds unexpended as of the date of such terrnination, declazation of
bankruptcy or loss of exemption to America's Promise Alliance within ten working days of such
date.
America's Promise Alliance also reserves the right to terminate this Grant Agreement if a force
majeure event (defined as an event beyond the control of America's Promise Alliance or the
Grantee and not involving America's Promise Alliance or the Grantee's fault or negligence and
not foreseeable, including, but not restricted to, acts of God; acts of the Government; and
unusually severe weather) substantially delays or prevents performance by the Grantee for more
than thirty (30) days.
Grantee also reserves the right to terminate this Grant Agreement at any time if sufficient
program funds aze not obtained. However, in the event that Grantee ternunates this Grant
Agreement pursuant to this Section, then the Grantee will return Grant funds unexpended as of
the date of such termination within ten working days of such date.
Grant period -The period for the project being supported by this Grant will begin on June 15,
2008 and will end on December 31, 2009.
Grant disbursement -Grant funds will be disbursed from America's Promise Alliance to the
Grantee in one payment of $10,000 following the receipt by America's Promise Alliance of a
signed copy of this Grant Agreement.
Grantee monitoring and reporting -America's Promise Alliance and its representatives will
monitor program operations under this Grant. Such monitoring may include visits by America's
Promise Alliance staff or contractors to observe Grant administration and discuss project with
Grantee personnel. America's Promise Alliance may contact summit attendees and planners via
email for evaluation purposes.
Grantee will be required to submit brief monthly progress reports via email and participate in
scheduled conference calls throughout the grant period.
Grantee will be required to submit a project narrative, including afully-completed attendance
report, due ten (10) days after completion of summit, and no later than December 31, 2009.
Grantee will be required to submit apost-summit action plan (using a template provided by
America's Promise Alliance), final report and financial report including a cash basis financial
statement attested to by the responsible financial officer of the Grantee or a certified public
accountant is due within sixty (60) days after completion of the Summit. The Final report should
include a narrative account of what was accomplished by the expenditure of funds and plans for
post-summit activities.
Press releases, photos and other materials demonstrating the successes of the project are
encouraged as attachments to the reports. America's Promise Alliance may also request photos
and supporting materials related to the Grant at any time during the Grant period.
Proiect budeets - It is understood that no substantial variances (10 percent or more) to the project
budget submitted to and approved by America's Promise Alliance will be made without prior
written approval.
Financial Records -Grant funds are to be used for the purposes stated in this Grant Agreement.
The Grantee must be able and willing to prove to America's Promise Alliance's satisfaction that
no portion of the Grant funds have been used for purposes other than those stipulated above. To
this end, vouchers consisting of bills, invoices, canceled checks, receipts and other documents
which provide evidence of the disbursement of funds for the total budget under this Grant, as well
as copies of reports submitted to America's Promise Alliance, shall be retained by the Grantee for
at least three years following completion of the grant term. The Grantees' books and records
shall be made available for America's Promise Alliance or its representatives' inspection upon
reasonable notice during regular business hours for the purpose of making such fmancial audits,
verifications or program evaluations as America's Promise Alliance deems necessary concerning
the Grant. Copies of such documents shall be furnished to America's Promise Alliance or its
representatives upon request.
10. Public announcements -The Grantee agrees to inform America's Promise Alliance of any public
announcement made with respect to this Grant, at least three weeks prior to issuing one to allow
for America's Promise Alliance internal review as well as that of our funders.
11. Use of trademarks - If Grantee desires to use America's Promise Alliance trademarked logos and
marks, the Grantee agrees to adhere to the terms and conditions of the Use of Mark agreement
attached hereto (Attachment A) and made a part hereof.
12. Income tax exemptions - It is understood that by countersigning this agreement, the Grantee
confirms, represents and warrants that it is an organization exempt from federal income taxation.
The Grantee should provide America's Promise Alliance with immediate notification of any
changes in its tax-exempt status as soon as it occurs.
13. Good standing with state Government -The Grantee confirms that it is in good standing with
appropriate state governmental agencies. If requested by America's Promise Alliance, the
Grantee shall provide written evidence of its good standing. The Grantee agrees that it shall
immediately notify America's Promise Alliance of any change in the Grantee's good standing,
including the initiation of any proceeding, investigation, audit, or inquiry of which the Grantee is
a party.
14. Chances in law -The foregoing conditions comply with obligations imposed upon America's
Promise Alliance by federal law to make reasonable efforts and establish adequate procedures to
see that grant funds are solely used for the purposes for which they were granted, and to obtain
full and complete reports on how grant funds have been expended. Changes in federal law, or in
regulations interpreting it, may require America's Promise Alliance to ask that more detailed
reports be submitted or that other steps be taken.
15. Annlicable Statutes and Rules- Grantee agrees to be bound by all the terms and conditions of this
grant agreement and all applicable state and federal statutes and regulations.
16. Violations -Any violations of the foregoing conditions will require refunding to America's
Promise Alliance of any amounts subject to the violation. America's Promise Alliance may
discontinue, modify or withhold any payments due under this grant award or require a refund of
any unexpended grant funds if, in its judgment, such action is necessary to comply with the
requirements of any law or regulation affecting its responsibilities under this grant award.
17. Governing Law -The State and Federal Courts located in the District of Columbia shall have
exclusive jurisdiction over any dispute which might arise in connection with this grant, and the
laws of the District of Columbia shall govern the interpretation of the terms of the Grant.
If this letter correctly sets forth your understanding of the terms of this Grant, please indicate your
organization's agreement to such terms by countersigning the two original copies and returning one to
America's Promise Alliance.
W e look forward to working with you.
America's Promise Alliance
Accepted and agree to by
Signature:
Please print
Name:
Title:
Organization:
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Donna Anderson
CFO and Senior Vice President
America's Promise Alliance
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ATTACHMENT A - USE OF AMERICA'S PROMISE ALLIANCE MARKS
Whereas America's Promise Alliance is the Owner of America's Promise Alliance trademarked
logos and marks.
Whereas Grantee is qualified to and desires to use these Marks in connection with promoting its
work as one of the America's Promise Alliance Promise Zones and wishes to obtain a license for
such use of the Mark.
Now therefore, in consideration of the premises and of the mutual undertakings and obligations of
the parties hereinafter set forth, the parties hereto do hereby agree as follows:
A. Grant
America's Promise Alliance grants the Grantee anon-exclusive, non-assignable and
nontransferable license to use and display the Mark as described under "Use of Mark" below.
The Grantee agrees to use the Mark only as set forth in this Agreement. America's Promise
Alliance will provide the Grantee with a version of these Mazks. Nothing in this Agreement
will give the Licensee any right to the Mazk beyond the right granted in this Agreement.
B. Use of Marks
Placement
Grantee may display the Marks in transient advertising and solicitations, to include
newspaper advertisements, periodicals, billboards, posters, direct mail appeals, flyers and
television, in annual reports, or other promotion materials (hereinafter "advertising and
solicitations"). Grantee may install the Mazk anywhere on their primary World Wide Web
site, on web sites and in email (hereinafter "website displays") provided the Mark clicks to
americaspromise.org as described below. All uses must be consistent with the intended uses
described in this agreement.
2. Marks Usaee Specifications
Upon Grantee's signing of this Agreement, APA will provide Grantee with a digital version
of the Mark as well as specifications for usage for the Licensee to use in non-electronic
media. APA will also provide Licensee with access information to digital versions of the
Mark for the Licensee to download and install in electronic media. The Licensee may not
modify or change the PMS Colors used in the Mazks. The Marks should appear in the four
PMS (or PROCESS equivalent) colors specified or Black and White (Greyscale). No other
color or tint combinations are acceptable.
3. Restrictions
The Marks cannot be used in for-profit commercial ventures, such as affinity cards
(for example, Visa/Mastercazd). Such commercial ventures violate this agreement and can
result in the decision to curtail the Grantee's further use of the Marks.
The Agreement does not authorize the Licensee to alter the Marks in any way or to use them
in a manner which would reflect poorly on America's Promise Alliance or the community.
The Mazks must be used as designed. America's Promise has the right to void the License
Agreement if Licensee is found to have modified or broken-up components within the Mazks
live area.
4. Inspection
Grantee shall supply America's Promise Alliance with a sample of any advertising and
solicitations, and samples of any website display in which the marks will appear prior to their
use and/or distribution to the public. Grantee further agrees to supply America's Promise
Alliance with samples of any changes in the use or appearance of the Marks in connection
with the advertisements or solicitations or website displays already approved by America's
Promise Alliance prior to their use or distribution to the public. Grantee acknowledges
America's Promise Alliance's right to review and disallow any and all advertising and/or
promotional materials bearing the Marks before and after publication and distribution.
Grantee agrees not to use or distribute to the public any proposed advertising and solicitations
or website displays bearing the Marks or any previously approved advertising and
solicitations or website displays with changes in the use or appeazance of the Marks until
America's Promise Alliance approves the advertising and solicitations or website displays.
America's Promise Alliance's approval of the advertising and solicitations or website
displays shall be in its reasonable discretion and shall not be unreasonably withheld.
C. Ownership of Marks
Grantee acknowledges and agrees that the Mazks and the goodwill associated therewith are
the sole and exclusive property of America's Promise Alliance and that all use of the Mazks
by Grantee shall inure to the benefit of and be on behalf of America's Promise Alliance.
Grantee further acknowledges and agrees that nothing in this Agreement shall give the
Grantee any rights, title, or interest in and to the Marks other than the right to use the Mazks
in accordance with this Agreement. Grantee will not at any time do, or knowingly pennit to
be done, any acts or things which would or could affect the validity of the Marks.
D. Grantee Responsibilities
Upon request, Grantee agrees to provide America's Promise Alliance with information on
where the Marks will appear including the uniform resource locators (URL) where Grantee
will display the Marks online. If the UR1, changes, the Grantee will notify America's
Promise Alliance of the new URL and of the URL of the web site that will no longer display
the logo, if appropriate.
E. America's Promise Alliance Responsibilities
America's Promise Alliance will maintain the technology to ensure that the online Marks
click to an appropriate section of the americaspromise.org.
F. Term, Suspension and Termination
Term
The License is for the term of the grant agreement. The term of the License is renewable
with the written consent of America's Promise Alliance.
2. Suspension and Termination
This Agreement and the license may be suspended by America's Promise Alliance in its sole
discretion if there are substantial questions raised regazding the Grantee's use of the Marks or
the appropriateness of the Marks given previously unanticipated circumstances, particulazly
as they relate to the ongoing progress toward the goals of this agreement. America's Promise
Alliance may terminate this Agreement regarding the use of Marks upon ten days notice if
grantee violates any terms of the Ageement, is declared insolvent or bankrupt, or in any way
conducts themselves in a manner inconsistent with the objectives of the America's Promise
Alliance and detrimental to the communities' young.
3. Responsibilities upon Suspension and Termination
The Grantee agrees to remove the Mazks immediately from all electronic media, to discard
promptly all materials bearing the Mazks, and cease future use of the Marks.
G. Indemnification
The Grantee agrees to indemnify and hold America's Promise Alliance harmless against any
loss, damage or expense, including reasonable attorney's fees, arising out of any third party
claim alleging misuse by Licensee, or of any violation of the terms and conditions of this
Agreement.
H. Policing
America's Promise Alliance agrees that it will police infringements of the Licensed Marks
that are brought to its attention. Grantee agrees that it will cooperate with America's Promise
Alliance in preventing, enjoining, or prosecuting any infringements of the Licensed Marks. If
America's Promise Alliance elects not to bring action against any alleged infringer of the
Licensed Mark, Grantee shall have the right to initiate infringement proceedings at its own
expense, in its name and that of the America's Promise Alliance. America's Promise Alliance
agrees that it will cooperate with Grantee in any such suit, in any reasonable manner
requested by Grantee, at Grantee's expense.
I. Limitation of Liability
Grantee agrees that it will not sue America's Promise Alliance for monetary damages on any
matter concerning this Agreement.
J. Entire Agreement/Modifications
America's Promise Alliance may modify this Agreement from time to time. America's
Promise Alliance shall provide written notice of any modification to Grantee and Grantee
shall be deemed to have consented to the modification if Grantee continues to use the Marks
following receipt of the notice.