100K DEMONSTRATION CITY GRANT 2015 PHOENIX GRANT AGREEMENT FINAL.PDF

Aspen Forum for Community Solutions
Opportunity Youth Incentive Fund
One Dupont Circle, NW Suite 700, Washington, DC 20036 Tel. 202-736-3557 • Fax 202-467-0790
www.aspencommunitysolutions.org
Aspen Institute Opportunity Youth Incentive Fund
100k Opportunities Demonstration City Grant Agreement
November 18, 2015
Kristine Morris
Opportunities for Youth c/o MCESA
4041 N. Central Ave., Ste. 1200
Phoenix, AZ 85012
REF: GRANT# OYIF – 1060001-002001
Dear Kristine:
We are pleased to inform you that the Forum for Community Solutions at the Aspen
Institute (the “Institute” or the “Forum”) has approved an Opportunity Youth Incentive
Fund (OYIF) 100K Demonstration City grant $150,000 to Maricopa County
Education Service Agency (MCESA) (“Recipient”), for the period of December
1, 2015 through November 30, 2016.
We have agreed that Recipient’s work will encompass the duties and
responsibilities described in Exhibit A and will be performed in accordance with
the budget attached thereto as Attachment 1. Any requests for material changes to the
goals and objectives of the grant, the lead project personnel, the budget or the term of the
grant must be submitted in writing and then approved in advance by the Forum. For
purposes of the budget, any change that causes or contributes to a variation in any line
item of ten percent (10%) or more from the amount of that line item as reflected in
Attachment 1 shall be deemed material.
Purpose of Grant: See Exhibit A
Reporting and Payment Schedule: See Exhibit B
Forum Contact: Monique Miles
Deputy Director, Aspen Forum for
Community Solutions
Director, Opportunity Youth Incentive Fund
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In exchange for a grant of funds in the amount set forth above (the "Grant"),
Recipient agrees to the each of the following terms and conditions of this agreement
(the "Agreement"):
Section 1. Purpose and Use of Grant Funds; Restrictions. All funds advanced by the
Institute under this OYIF - 100k Demonstration City Grant shall be used solely for the
activities described in Exhibit A (the "Grant Purposes") and, in any event, only for charitable,
educational or scientific purposes within the meaning of Section 170(c)(2)(8) of the Internal
Revenue Code of 1986, as amended (the "Code"). The funds may not be used a) to carry on
propaganda, or otherwise to attempt to influence any legislation (within the meaning of the
Lobbying Disclosure Act of 1995, as amended; b) to influence the outcome of any specific public
election; c) to make grants to individuals for travel, study or other similar purposes; or d) to
make any grant to any other organization unless approved in writing in advance by the
Institute. Any income earned from the investment of the Grant funds must be utilized for the
Grant Purposes.
Section 2. Final Reports. Unless the duration of the performance of the Grant Purposes is
such that only a Final Report is required by the Institute, Recipient will submit periodic
narrative and financial reports to the Institute on the use of the OYIF 100k Demonstration City
Grant funds, compliance with the terms of the Grant, and the progress made toward achieving
the goals of the Grant Purposes consistent with the schedule in Exhibit B or until the Grant is
otherwise terminated. In addition, Recipient will submit to the Institute an annual audited
financial statement for any year in which the Grant is active. In all events, within thirty (30)
days after the use of the Grant funds is completed or the Grant is otherwise terminated,
Recipient will make a Final Report with respect to all expenditures made from such Grant
funds and indicate the progress made towards the goals of the Grant.
Section 3. Attendance at Aspen Forum OYIF & 100k Convenings. Recipient agrees to
attend in person every convening and participate in every phone conference or webinar
organized by the Aspen Forum for OYIF and 100k Demonstration City grant recipients.
Recipient understands and agrees that such attendance and participation is a material condition
of this agreement, and that any failure of Recipient to attend or participate could, in the
Forum’s sole discretion, give rise to termination of this Agreement and suspension or
repayment of the Grant funds.
Section 4. Payment of Grant Funds. The funds granted shall be advanced by the Institute
in accordance with the schedule set forth in Exhibit B.
Section 5. Program Monitoring and Evaluation. At its own expense, the Institute may
monitor and conduct an evaluation of operations and activities conducted pursuant to this
OYIF 100k Demonstration City Grant, including by means of on-site visits, to observe
Recipient's procedures and operations and to discuss the Grant Purposes with Recipient’s
personnel (if any).
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Section 6. Proprietary Rights. As between Recipient and the Institute, Recipient shall hold
title to proprietary rights resulting from the performance of the Grant Purposes, including but
not limited to any patents, patent applications, copyrights and applications and registrations
thereof, or other intellectual property rights. Recipient hereby grants to the Institute a non-
exclusive, royalty-free, perpetual, worldwide right and license to use, display, copy, and
redistribute in any and all media now known or hereinafter created all such intellectual
property created by Recipient pursuant to the Grant. Recipient represents , warrants, and
covenants that: (a) the Institute's posting, copying or redistribution, of such work created
hereunder does not and will not infringe upon any intellectual property rights of any other
person or entity ; (b) Recipient has acquired, or will acquire from each of its employees,
subcontractors, and consultants, if any, the necessary rights to all such intellectual property
produced or otherwise used by such employees, subcontractors, and consultants, within the
scope of their employment or engagement in performing services in connection with the
Grant.
Section 7. Additional Grantee Representations and Warranties. Recipient represents and
warrants that (a) Recipient is either (i) recognized by the U.S. Internal Revenue Service as a
tax-exempt public charity within the meaning of Sections 501(c)(3) and 509(a) of the Code, or
(ii) a government agency or, (iii) a non-profit or similar organization that is organized and
operated for charitable, educational and/or scientific purposes, has no shareholders or
members with a proprietary interest in Recipient's income or assets and does not otherwise
permit its income or assets to more than incidentally benefit private persons, does not engage
in more than an insubstantial amount of lobbying, does not intervene directly or indirectly in
any political campaign and, on dissolution, any remaining assets would remain committed to
charitable, educational and/or scientific purposes.
Section 8. Records; Accounting; Financial Review. Recipient will maintain its books and
records in such a manner that the receipts and expenditures of the Grant funds will be shown
separately in any easily checked form. Recipient will keep records of receipts and
expenditures made of Grant funds as well as copies of the reports submitted to the Institute
and supporting documentation for at least three years after completion of the use of the Grant
funds, and will furnish or make available such books, records, and supporting documentation
to the Institute for inspection at reasonable times while the Grant is active. The Institute may,
at its expense and on reasonable notice, audit or have audited Recipient records insofar as they
relate to the activities funded by this Grant.
Section 9. Quality of Performance; Termination. If, as the result of the consideration of
reports or information submitted to it by Recipient or from other sources, the Institute shall
determine that continuation of the Grant Purposes is not reasonably in the interest of the
Institute or the general public, the Grant Purposes are not being carried out in substantial
compliance with this Grant Agreement or Recipient is incapable of satisfactorily completing
the work of the Grant Purposes, the Institute may, in its sole discretion (a) withhold payment
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of funds until in its opinion the situation has been corrected or (b) declare the Grant
terminated. If the Institute terminates the Grant, it shall so notify Recipient, whereupon
Recipient, if so requested by the Institute, shall promptly pay back to the Institute any
unexpended balance of the Grant funds in the Recipient's hands or under its control.
Section 10. Acknowledgment of Institute Support. Recipient agrees that any publication or
display of the deliverables (regardless of medium) and any public statement regarding the
Grant shall acknowledge the Institute's support substantially as follows: "This project was
supported by the Forum for Community Solutions at the Aspen Institute.”
Recipient shall not use social media or any other form of communication (a) in a way that
could be construed as speaking on the Institute's behalf or (b) to discuss this Grant Agreement
or the services to be performed hereunder, unless the Institute has given express written
permission.
Section 11. Branding. The Institute and Recipient grant one another a non-exclusive license to
use their respective names, logos, trademarks, service marks, and trade names solely during the
Term and solely for the Grant purposes, providing to the other the benefits due under this
Agreement, and otherwise to fulfill this Agreement. In exercising the foregoing license, each of
the Institute and Recipient will comply with any trademark or servicemark guidelines provided
to it by the owner of the marks and will allow the owner the opportunity to review and approve
each usage of its trademark or servicemark prior to release.
(a) Each of the Institute and Recipient agrees to use any such marks solely
to the extent authorized herein in connection with this Agreement.
(b) Except as otherwise provided herein, each of the Institute’s and
Recipient’s trademarks, designs, product identifications, and artwork are and shall remain the
property of each. In no case shall this Agreement be construed to grant any rights to either the
Institute or Recipient to use any trademarks of the other, other than in connection with this
Agreement. All rights other than those expressly granted hereunder are reserved.
(c) The Institute may film select events related to the work contemplated
by this Agreement (“Event”), and all Event video footage shall be owned by the Institute. The
Institute retains the right to grant permission for use of Event-related photos, video, and other
content to additional outlets, including in connection with the Institute’s “The Aspen Institute
Presents” program.
Section 12. Compliance with Laws. Recipient shall comply with all applicable federal, state
and local laws and regulations of the United States and of the jurisdiction(s) in which the Grant
Purposes are carried out, including compliance with federal anti-terrorist laws. Recipient
agrees that it will take care to ensure that the funds are not misdirected to terrorist purposes. If
the project includes giving funds to other organizations or individuals, then Recipient shall
confirm that the organizations and individuals are not on the U.S. government terrorist watch
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lists and, in interim and final financial reports, Recipient will also provide the Institute with all
payee names and addresses.
Section 13. Future Funding. Recipient acknowledges that the Institute and its
representatives have made no actual or implied promise of funding except for the amounts
specified in this Grant Agreement. If any of the Grant funds are returned or if the Grant is
terminated, Recipient acknowledges that the Institute will have no further obligation in
connection with this Grant.
Section 14. Modification. This Grant Agreement sets forth all terms of the Grant and
replaces all prior understandings and agreements. Any modification or amendment will
be made only in writing signed by an authorized officer of Recipient and an authorized
representative of the Institute.
Section 15. Applicable Law. This Agreement shall be governed by the laws of the
District of Columbia. The parties agree that any controversy, claim or dispute of
whatever nature arising between the parties shall be resolved exclusively through binding
arbitration in Washington, DC before a single arbitrator, pursuant to the American
Arbitration Association’s then-in-effect National Rules for the Resolution of Commercial
Disputes. The reasonable attorneys’ fees, as determined by the Arbitrator, of the
prevailing party shall be paid by the non-prevailing party. The award or decision
rendered by the arbitrator shall be final, binding, and conclusive, and judgment may be
entered upon such award by any court.
Section 16. The Institute’s Publications. The Institute publishes general information about
all of its activities, both in print and electronically on various web sites and on other
platforms, and hereby reserves the right to do so with respect to this Grant.
Section 17. Survival. It is the express intention and agreement of the parties that the
termination of the Term or Agreement, howsoever occasioned, will not affect any of the
provisions of this Agreement which are expressly or by implication to come into or to continue
in force after such termination or expiration
Section 18. Miscellaneous.
A. Enforceability and Authority
Recipient represents to the Institute that (i) Recipient is duly organized and validly existing, (ii) it
has the requisite corporate or other power to execute and deliver this Agreement, and to perform
its obligations hereunder, (iii) the execution and delivery of this Agreement have been duly
authorized, (iv) the execution of this Agreement and performance of Recipient’s obligations
hereunder shall not constitute a breach of or default under any agreement or obligation by which
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Recipient is bound, and (v) this Agreement constitutes a valid and binding obligation of the
Recipient enforceable against the Recipient in accordance with its terms.
B. Waiver
The waiver by the Institute or Recipient of a breach of any provision of this Agreement shall not
operate or be construed as a waiver of any other or subsequent breach by the Institute or
Recipient of such provision or any other provision.
C. Counterparts
This Agreement may be executed in more than one counterpart, each of which shall be an
original and all of which shall together be deemed to be a single instrument.
D. Indemnification
Recipient acknowledges that the Institute has no control over the operations, acts or omissions of
Recipient. Recipient shall indemnify and hold the Institute harmless from and against any claim,
liability, loss, damages, fines, penalties, and expenses (including but not limited to reasonable
legal fees and costs) arising out of the Grant, any breach by Recipient of this Agreement, or any
act or omission of Recipient in connection with Recipient’s activities.
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***
The Institute will be pleased to remit the first payment on this contract on or before January 1,
2016 upon receiving executed copies of the following documents to confirm Recipient's
willingness to receive and administer the funds subject to the limitations set forth within this
letter:
A countersigned copy of this Agreement; and
A completed copy of the enclosed W-9 form.
Please feel free to contact Monique Miles at 202-736-2296 or Monique.miles@aspeninstitute.org
with any questions.
ACCEPTED AND AGREED:
THE ASPEN INSTITUTE
By:
Monique Miles
Director, Opportunity Youth Incentive Fund
Deputy Director, Forum for Community Solutions at the Aspen Institute
Date: __________, 2015
By:
Dolores Gorgone
Chief Financial Officer
Date: __________, 2015
RECIPIENT
By: _________________________
Kristine Morris
Date: ___________________
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EXHIBIT A—PURPOSE OF GRANT – OYIF 100,000 Opportunities Demonstration City
Initiative, Phoenix-Maricopa
The Recipient agrees to administer the initiative in accordance with the provisions set forth by
the Forum in the Opportunity Youth Incentive Fund Request for Proposals dated August 2015.
This grant, and any interest income earned thereon, will be used for the specific purpose(s) as
described in the Recipient’s proposal to the Aspen Forum dated October 9, 2015. The Recipient
agrees to be responsible for the following deliverables as put forth in the proposal, with a focus
on Year 1 benchmarks for each area of work:
Robust cross-sector collaborative with plan for Opportunities for Youth (OFY)
strategically engaging employers Board of Directors (Board) already
consists of 42 cross-sector leaders.
100K employers will be invited to
serve on both the Board,
Executive Committee and the
various Action Teams.
After Oct. 30, the backbone will
expand commitment to a broader
local employer base, securing
commitments from employers
who will commit to hiring
opportunity youth, providing
support toward livable wage
employment, regular OFY
participation and local presence
within Maricopa County.
OFY will leverage public sector
employers through partner
institution entry-level jobs in
public health, education,
behavioral health, human services,
transportation and the courts.
Commitment to youth voice, ownership, and Recently partnered with Arizona
engagement in the opportunity youth Call-A-Teen Youth Resources,
employment effort Inc. (ACYR) to hire three Public
Allies Fellows. The Data Analyst
Fellow will assist in collecting and
analyzing OFY metrics. The
Outreach Fellow will assist in
outreach development and
implementation. The Research and
Innovation Fellow will work on
tactical planning for the four OFY
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Pathways. Fellows will partner
with ACYR and Phoenix Youth
Leadership Council, Maricopa
Workforce Connection Youth
Council and other Public Allies to
gain additional youth perspectives
for career connection and to
recruit youth to the Opportunity
Fair.
OFY will invite to the Board a
local youth leader who is on the
National Council of Young
Leaders and Public Allies.
Youth council leaders, Public
Allies and Board youth
representatives will be consultants
for the action team.
Initial plan for leveraging employer The backbone will leverage
commitments to hire, train, and provide work- employer commitments from the
based learning opportunities for young people fair and will convene the first
along a continuum cohort of OFY employers to
review the employer engagement
model. Feedback will inform
future employer recruitment
criteria. This cohort will provide
recommendations on goals and
metrics for employer adoption.
Asset mapping will also review
pathways in high demand sectors
such as energy, health care and IT.
Subsequently, the action team will
begin developing the
Opportunities for Youth Career
Connections Action Plan
(OYCCAP).
Action plans will contain long and
short term targets, shared
measures and action steps.
Employers and other key partners
will be engaged to meet local labor
needs by refining existing
pathways and developing
additional ones for opportunity
youth.
Initial plan for an infrastructure to connect Career Connections Action Team
employers, training providers, and opportunity will host an employer forum
youth that can grow and sustain demand-driven shortly after Oct 30 and develop a
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pathways for opportunity youth and leverage sustainable employer engagement
centralized tools created through the 100,000 plan to be integrated into the OFY
Opportunities initiative infrastructure.
The backbone will identify or
create a centralized hub with four
distinct elements for connecting
employers, training providers and
opportunity youth.
o The first element would
provide a joint space
where training providers
can assist one another in
recruiting youth to their
opportunities.
o The second element would
include a collective
platform for providers to
check the status of youth
in all programs.
o The third element would
provide employers one
centralized location to
solicit listings geared
towards opportunity
youth.
o The fourth element would
be an employment and
training opportunity bank
for youth.
The backbone and action team will
conduct asset mapping during the
first year to align training,
employers and education providers
utilizing technical assistance like
Jobs for the Future.
Initial plan to leverage public dollars to support The Maricopa County Workforce
effective employment pathways for opportunity Investment Board has outlined a
youth five-year industry demand plan
that workforce partners, including
Maricopa Workforce Connections
are implementing. Additionally,
Arizona policy reform is resulting
in a streamlined system where
labor market needs can be
identified and appropriate
pathways can be built upon or
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created.
With over 60 access points, 4 one-
stop centers, 4 Genesis Youth
Hubs and WIOA funding support,
Maricopa and Phoenix Workforce
Development can provide an array
of services to connect youth to
employment, education and
resources.
Additionally, the Greater Phoenix
Economic Council and the local
Chambers of Commerce will
provide further reach into the job
market to scale employer
partnerships.
The backbone will convene
community college, adult basic
education, and alternative
education partners and those who
develop pathways to determine
where entry points are needed for
opportunity youth and which
support systems can be integrated.
Population Level Outcomes
Based on the number of Opportunity Youth in your community and based on your proposal, we
have identified the following metric goal of youth reconnected across the systems in your
community for the period of December 1, 2015 through November 30, 2016: Connect at least
3,500 opportunity youth to employment placements.
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EXHIBIT B—REPORTING AND PAYMENT SCHEDULE
IMPLEMENTATION GRANTS
Written Reports
Recipient shall submit program narrative reports, using the official reporting form provided by
the Aspen Forum, in accordance with the following schedule:
Reporting Period Due Date
December 1, 2015 to November 30, 2016 December 30, 2016
Payment Schedule
The amount of the grant payment will be one hundred and fifty thousand dollars ($150,000),
contingent upon the Institute’s receipt and approval of the pertinent budget, and payable as
follows upon the Institute’s receipt of the documents set forth immediately below on or before
January 1, 2016:
A countersigned copy of this Agreement; and
A completed copy of the enclosed W-9 form.
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