AGREEMENT WITH NATIONAL ASSOCIATION OF WORKFORCE BOARDS.PDF

January 17, 2016
Mr. Bruce Liggett
Director of Human Services
Maricopa County
234 North Central Avenue
Phoenix, AZ 85004-2208
Dear Mr. Liggett:
The National Association of Workforce Boards (NAWB) and Innovate-Educate (herein referred to as
the Partnership) is pleased to award Maricopa County (herein referred to as the Grantee) a grant in
the amount of $25,000 for the Grant Period of July 1, 2016, through June 30, 2017, to begin
developing a scalable, sustainable two generation model for linking early education and care to
employment for low- income families through partnerships between workforce investment boards
and early care and education stakeholders (herein referred to as the Project). Grant funds shall be
used solely to support the purposes of this project, and in accordance with the following terms and
conditions of this Grant Agreement (herein referred to as the Agreement).
1. Budget, Reporting Period(s) and Expenditures: Grant funds shall be used solely for the purpose
of the Project and only as indicated in the approved budget submitted by Grantee in their final
proposal, to be submitted on April 15, Grantee must obtain advance written approval from the
Partnership for disbursements substantially deviating from this budget. Expenses directly
tracked to the grant are allowed. The Personnel budget category should include only salaries,
benefits and payroll taxes for individuals working directly on the Project. Expenses charged to
the Personnel budget category must be based on actual time spent working directly on the
Project and shall be tracked through the use of time sheets or time studies. In limited
circumstances, indirect costs are permitted and require preapproval from the Partnership.
Indirect costs are expenditures for activities or services that are not directly tracked to the
Project, but rather are an allocation or percentage of organization-wide expenses. If approved,
indirect costs shall not exceed 20.4% percent of the total grant amount (excluding indirect
costs). Indirect costs exceeding this percentage or not preapproved by the Partnership may be
disallowed. Expenses must be incurred against the budget and during the Year 1 timeline of July
1, 2016 through June 30, 2017.
2. Payment: Upon receipt of Grantee’s signed acceptance of this Agreement, payment of $25,000
will be made to Grantee. Anticipated successive payments of $50,000 for Year II and $25,000 for
Year III are contingent upon receipt and approval of reports, as defined in the Reporting section,
which demonstrate to the Partnership satisfactory progress of the stated objectives of the
Project. The Partnership reserves the right to change or adjust the payment schedule of the grant
at any time and will inform Grantee of such change.
3. No Earmarking: Beyond the rights and obligations specifically stated in this Agreement, the
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Partnership disclaims any right to control or otherwise influence Grantee’s use of these
funds. Accordingly, the Partnership will not engage in earmarking any funds under this
Agreement.
4. Sub-granting: Grantee agrees that any sub-grant shall be made pursuant to terms and conditions
that bind the sub-grantee to those set forth in the following sections: Accounting and Audit, Legal
and Tax Requirements, Patriot Act Compliance, Ownership and Royalties, Termination/Repayment
of Grant Funds, Release and Indemnity, Use of Logo/Letterhead/Copyright, and Governing Law and
Compliance. Sub-granting occurs when Grantee provides Partnership funds in the form of a grant
to one or more organizations that are selected by the Grantee. The Partnership retains no rights to
select or veto ultimate recipients. Financial reporting on sub-grants must be done on a cash basis.
5. Accounting and Audit: Grantee must maintain a separate accounting for this grant. This should be
accomplished through the establishment of a separate general ledger account, fund or cost center.
Grantee is encouraged to use all interest earned on grant funds to further the Project; however, a
formal accounting of such income is not required. Grantee shall: i) maintain complete and accurate
separate accounting, detailing receipts and expenditures made under the grant; and ii) retain these
records during the Grant Period and continuing at least four (4) years after receipt and acceptance
of the final report. During this time, Grantee shall make such records available to the Partnership
(or its designated representatives) for inspection or audit at the Partnership’s expense and on
reasonable notice to Grantee. The Partnership may also, at its expense and on reasonable notice to
Grantee or any sub-grantee, monitor and evaluate operations under this grant, including on-site
visits to observe Grantee/sub-grantee’s procedures and talk with Grantee/sub-grantee’s personnel.
6. Reporting: Within 45 days following the end of each Reporting Period, the Grantee will furnish to
the Partnership with a report. The report will contain: i) a narrative report of what was
accomplished by expenditure of the grant funds, (ii) an evaluation report and (iii) a financial
statement reporting expenditures according to the approved grant budget. This reporting should
be done using consistent accounting practices (cash or accrual) and should be certified only by an
agent of the Grantee authorized to submit financial accounting on behalf of the Grantee. Failure to
submit timely reports will result in delay in processing any subsequent payments to Grantee. A final
report (which includes a narrative report and a financial statement of expenditures) is to be
provided to the Partnership no later than three (3) months after the close of the final Reporting
Period. Any unexpended funds remaining at the end of the final Reporting Period must be
immediately returned to the Partnership, unless an extension has been approved in writing by the
Partnership. Grantee agrees to provide the Partnership, upon request, a copy of all information
relating to the results, findings or methods developed under the grant.
7. Evaluation: The Partnership views evaluation as an important management and learning tool. The
Grantee shall submit an evaluation proposal or plan, developed with the assistance of Partnership
staff and consultants, to the Partnership as part of the final proposal to be submitted by April 15,
2017. In addition, any evaluation reports created regarding the Project are to be submitted by the
Grantee, also in electronic format, along with Grantee’s narrative and financial reports at the end
of each Reporting Period.
8. Legal and Tax Requirements: Grantee represents and warrants to the Partnership that:
A. Grantee is an organization in good standing, is either a governmental unit or an organization
described in Section 501(c)(3) of the U.S. Internal Revenue Code (herein referred to at the
Code), and is not a “private Partnership” within the meaning of Section 509(a) of the Code.
Grantee will notify the Partnership immediately of any change in its tax status.
B. Grant funds may be expended only for charitable, educational, literary or scientific purposes.
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In no event will Grantee use grant funds or any income earned thereon:
a) To carry on propaganda or otherwise to attempt to influence legislation (within
the meaning of Section 4945(d)(1) of the Code).
b) To influence the outcome of any specific public election or to carry on, directly or
indirectly, any voter registration drives (within the meaning of Section 4945(d)(2) of
the Code).
c) To make grants to individuals or to other organizations for travel, study or similar purpose
that do not comply with the requirements of Section 4945(d)(3) or (4) of the Code.
d) To undertake any activity other than for a charitable, educational, literary or
scientific purpose specified in Section 170(c)(2)(B) of the Code.
C. Grantee agrees that any sub-grant utilizing funds from this grant must only be made to a
governmental unit or an organization described in Section 501(c)(3) of the Code and which is
not a private Partnership within the meaning of Section 509(a) of the Code.
D. No part of the grant can inure to the benefit of any private person or entity in violation of
Section 501(c)(3) and 4941 of the Code, including, but not limited to, any Partnership trustee,
officer, employee, or his/her spouse, children, grandchildren, and great grandchildren or their
respective spouses for any purpose.
9. Patriot Act Compliance: Grantee certifies that Partnership funds will be used in compliance with
all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders
including, but not limited to, the USA Patriot Act of 2001 and Executive Order No. 13224.
Furthermore, Grantee agrees to ensure that any Partnership funds, either directly or through a
sub-grant, will not be disbursed to any organization or individual listed on the United States
Government’s Terrorist Exclusion List or the Office of Foreign Assets Control (OFAC) Specially
Designated Nationals & Blocked Persons List. In addition, Grantee takes reasonable steps to
ensure that its board, staff, sub-grantees and volunteers have no dealings whatsoever with
known terrorist organizations.
10. Ownership and Royalties: Grantee shall retain all rights, title and interest in any intellectual
property to include, but not limited to, literary and artistic works, products, materials, information
and computer software created or developed as a result of this grant. Grantee hereby grants to the
Partnership a perpetual, worldwide, royalty-free, non-exclusive right and license to use, publish,
distribute, reproduce, copy and modify any intellectual property developed as part of the Project
for non-commercial purposes. Any moneys realized by the Grantee or sub-grantee from sales or
licenses of the intellectual property created or developed from this grant must be utilized
exclusively for the Project or for educational and charitable purposes and shall not inure to the
personal benefit of individual(s) or non-charitable entities.
11. Termination/Repayment of Grant Funds: The Partnership reserves the right to discontinue funding
and terminate the grant at any time if the Partnership determines, in its sole discretion, that: (i) it is
not satisfied with the progress of the grant or the content of any written report, (ii) grant funds are
not being used by Grantee or any sub-grantee in an effective and efficient manner to further the
grant’s purpose or (iii) Grantee or any sub-grantee has otherwise failed to comply with the terms of
this Agreement. In the event the Partnership makes any such determination, the Partnership shall
have the right to (i) discontinue any further payments to Grantee (under this or any other
agreement the Partnership may have with Grantee), (ii) direct Grantee or sub-grantee to repay to
the Partnership any grant funds not used in accordance with this agreement and (iii) set-off any
funds owing to the Partnership by Grantee under this agreement against funds the Partnership
may owe Grantee under any other agreement.
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12. Release and Indemnity: To the fullest extent permitted by law, Grantee shall release, indemnify,
defend and hold harmless the Partnership and its directors, officers, trustees, employees,
representatives and agents from and against any and all claims, demands, suits, damages, liabilities,
injuries (personal or bodily), property damage, causes of action, losses, judgments, costs, expenses
and penalties, including, without limitation, court costs and attorney’s fees, arising out of (directly or
indirectly) or related in any way to the negligent or wrongful acts or omissions of Grantee or any
Grantee director, officer, employee or agent in connection with this grant or Project, except to the
extent resulting from the negligent or wrongful acts or omissions of the Partnership. Grantee shall
require any sub-grantee or subcontractor to indemnify the Partnership in a manner consistent with
this paragraph.
13. Equal Opportunity: The Partnership gives high priority to the realization of equality of opportunity
for all members of society and strongly encourages diversity by the Grantee in all aspects of the
Project and throughout all levels of the organization.
14. Assignment Clause: This Agreement, or any of the rights, obligations or funds awarded under this
Agreement, may not be assigned without the Partnership’s prior written consent. An assignment
includes any transfer of the Project; (ii) an assignment by operation of law, including a merger or
consolidation; or (iii) the sale or transfer of all or substantially all of Grantee’s assets.
15. Use of Logo/Letterhead/Copyright: The name, logo, letterhead or any item copyrighted by the
Partnership may not be used by Grantee or any sub-grantee without the written permission from
the Partnership.
16. Governing Law and Compliance: This Agreement will be governed by and construed in accordance
with the laws of the state of District of Columbia, with jurisdiction in the State and Federal Courts
of the District of Columbia. Grantee or any sub-grantee will comply with all applicable local, state
and federal laws and regulations.
17. Entire Agreement, Severability and Amendment: This Agreement contains the entire agreement
between the Partnership and the Grantee relating to the subject matter hereof and supersedes all
prior and contemporaneous negotiations, correspondence, understandings and agreements
between the parties relating to the subject matter hereof. This Agreement may be modified or
amended only by mutual written consent of the parties. In the event of any conflicting terms
between this Agreement and the Project, this Agreement will supersede and govern. The
Partnership’s waiver or failure to enforce the terms and conditions of this Agreement in one
instance shall not constitute a waiver of its rights hereunder with respect to other violations of this
Agreement.
18. Grantee Contact Information: Grantee has indicated the following individuals hold key roles for this
Project. Grantee shall provide written notification to the Partnership of any changes:
Project Director: Jacqueline Edwards_
Financial Designee: Celeste Bautista, Finance Manager Maricopa County
Human Services Department
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Partnership Contact Information: Your Partnership contact information for his grant is as follows:
NAWB: Josh Copus, Vice President and COO, CopusJ@nawb.org, (202)-857-7900
Innovate-Educate: Jamai Blivin, CEO, jamai.blivin@innovate-educate.org, (505)629-7071
On behalf of the Partnership, we extend every good wish for the success of this effort.
Sincerely,
Josh Copus Jamai Blivin
Vice President and COO President and CEO
NAWB Innovate-Educate
As an authorized representative of Maricopa County, Denny Barney, Chairman of the Maricopa County
Board of Supervisors, agrees to the terms and conditions of this Agreement.
Signature of Grantee:
Denny Barney, Chairman
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