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GRADUATES, INC. THIS Agreement, dated to be effective the 1 st day of September, 2011 between the Florida Agricultural and Mechanical University, a public body corporate pursuant to Part IV, Chapter 1001, Florida Statutes, by and through its Board of Trustees, hereinafter referred to as “FAMU”, and The Florida Endowment Foundation for Florida’s Graduates, Inc., a Florida not for profit corporation (the “Foundation”), with an address of 306 SOUTH OCEAN SHORE BLVD., FLAGLER BEACH FL 32136, and a Federal I.D. No.: 59-3580979. FAMU and The Endowment shall be referred to collectively as the "Parties".
RECITALS WHEREAS, for fiscal year 2011-2012 FAMU has received an appropriation from the Educational Enhancement Trust Fund as approved by the 2011 Florida Legislature for “Targeted Student Assistance Programs”; and WHEREAS, The Foundation is a non-profit community based organization established which operates Florida’s Graduates, Girls Get I.T., VOiCE and SUPERB with the intent to increase Florida’s high school graduation rate and increase individual students’ post graduation opportunities; and WHEREAS, from the funds appropriated to FAMU for the Targeted Student Assistance Programs, FAMU agrees to give Nine Hundred Thousand 00/100 Dollars ($900,000.00) (the “Funds”) to the Foundation as a grant; and WHEREAS, FAMU desires to accommodate the transfer of the Funds while providing reasonable measures to ensure such funds are used and accounted for as contemplated by the Florida Legislature; and WHEREAS, the Foundation desires to use the Funds on the terms and conditions hereinafter provided; and WHEREAS, the use of the Funds as provided in this Agreement will benefit FAMU’s recruitment and retention program by producing mature, self-disciplined candidates that are able to successfully matriculate through its undergraduate program. NOW, THEREFORE, the Parties agree as follows:
TERMS AND CONDITIONS 1.0 2.0 3.0 RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. TERM. The term of this Agreement shall commence as of the date first above written and shall continue until June 30, 2012. AGREED REPRESENTATIVES. Heather Beaven, Chief Executive Officer, will serve as the Foundation’s lead representative (the "Foundation Representative") during the term of this Agreement. FAMU’s primary representative during the term hereof shall be Teresa Hardee, CFO and Vice President for Administration and Financial Services, (the "FAMU Representative"). SCOPE OF SERVICES/ACTIVITIES. In exchange for the Funds, the Foundation agrees to use its reasonable commercial efforts to perform or ensure the performance of the services and activities as provided in Exhibit A, attached hereto and incorporated herein by reference. SUBMISSION OF BUDGET; PAYMENT OF FUNDS. FAMU shall disburse the Funds to the Foundation in equal quarterly payments and each payment shall be made within thirty (30) days of FAMU’s receipt of funds as approved by the Florida Legislature for the 2011-2012 fiscal year. FAMU anticipates that it will receive the first quarter of funding of the amounts so appropriated in July 2011. All subsequent payments shall be made every quarter after the above. Notwithstanding the forgoing, no disbursement shall be made to the Foundation from funds not appropriated to FAMU by the Florida Legislature for the 2011-2012 fiscal year for such purpose. During the term of this Agreement, the Foundation shall expend the Funds for to conduct the services and activities set forth in Exhibit A, attached hereto , and the portion of the Funds not so expended during the term is the sole property of the Foundation and can be retained by the Foundation as part of its operating reserve. The Foundation has provided FAMU its form for reporting on the activities to be completed during the term and agrees to provide FAMU a report on the activities completed during the quarter prior to each subsequent quarterly payment. The Foundation further agrees to provide FAMU a year-end report, which shall be provided on or before August 31, 2012. To the extent that any adjustment is necessary due to an adverse audit finding or in the event an expense or funding is disallowed by the Florida Legislature for any reason, the Foundation shall immediately repay/reimburse FAMU the sum of money equivalent to the amount of any expenditure disallowed. 6.0 REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Each party hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and to fully perform its obligations hereunder without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to
execute and deliver it. Assuming the due authorization, execution, delivery, legality and enforceability hereof by or against a party when executed and delivered by the Parties, this Agreement will constitute a valid and binding agreement of the Parties, enforceable against the other party in accordance with its terms, subject only to the application of general principles of equity and limitations arising from bankruptcy, insolvency, moratorium and other similar laws affecting the rights of creditors generally. 6.2 The Foundation has not employed or retained any person employed by FAMU to solicit or secure this Agreement and it has not offered to pay, paid, or agreed to pay any person employed by FAMU any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. The Foundation is aware of the conflict of interest laws of the State of Florida, and covenants that it will fully comply in all material respects with the terms of said laws.
TERMINATION. 7.1 7.2 Either party may terminated this Agreement by providing thirty (30) days written notice to the other party’s contact identified in Section 20. Either party may terminate this Agreement if the other party breaches this Agreement (including, without limitation, the failure to provide a report required to be delivered or the misappropriation of funds), but such right to terminate will apply only if that other party does not cure the breach within thirty (30) days after the breaching party receives written notice of such breach from the non-breaching party and only if the notice specifies in detail the nature of the breach. If not earlier terminated pursuant to Section 7.1 or 7.2, this Agreement shall terminate at the end of the term in Section 2.0. Upon termination of this Agreement, this Agreement shall have no further force or effect except that the provisions of this Section 7, Section 12 and Section 13 below shall survive termination of this Agreement and remain in full force and effect.
ASSIGNMENT AND THIRD PARTY BENEFICIARIES. This Agreement may not be assigned by the Foundation. This Agreement shall be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. COMPLIANCE WITH LAWS. The Foundation shall comply with all applicable State laws relating to provision of services and the grant given to it under this Agreement, now or hereafter in effect.
RELATIONSHIP/AUTHORITY. In performance of services in accordance with Section 4.0, the Foundation shall be an independent entity and not an employee or agent of FAMU. The Foundation shall have no authority to act for or in the name of or on behalf of FAMU or the State of Florida, or to otherwise bind FAMU or the State of Florida, without the express prior written consent of FAMU and the State of Florida. INDEMNIFICATION. The Foundation shall indemnify and hold harmless and defend FAMU, its appointed officers, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action which may arise from any negligent act or omission and the conduct or misconduct of the Foundation, its agents, servants, or employees in the performance of services under this Agreement. The Foundation shall pay all claims, losses, liens, fines, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, all costs, expert witness fees, reasonable attorney’s fees, and court and/or arbitration costs. These indemnifications shall survive the term of this Agreement or any renewal thereof.
AUDIT AND INSPECTION OF RECORDS. All of the Foundation's books and records, as they relate to the Funds disbursed under this Agreement, must be made available for inspection and/or audits by FAMU, and any other organization conducting reviews for FAMU, upon reasonable notice throughout the term of the Agreement. In addition, the Foundation must retain all records concerning the payments paid hereunder in proper order for up to three (3) years following the expiration of the Agreement. FAMU or the State of Florida, or any its agents or representatives, shall have access to such books, records, and documents as required in this Section for the purpose of inspection or audit during the three (3) year period. This Section shall survive the expiration of the Agreement. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the Parties determined in accordance with Florida law, and the rules and regulations that govern FAMU. The Parties submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that proper venue for any suit concerning this Agreement shall be Leon County, Florida. LITIGATION. In the event suit is filed to construe or enforce this Agreement, the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal. WAIVER. Any party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in this Agreement shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time i n the future.
AVAILABILITY OF FUNDS. FAMU’S performance and obligation to pay under this Agreement is contingent upon FAMU’s receipt of the appropriated funds from the Florida Legislature. CONFLICT OF INTEREST. 17.1 The Foundation represents that it has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance of services and activities described in Exhibit A, as provided for in Section 112.311, Florida Statutes. The Foundation further represents that no person having any such conflicting interest shall be employed for said performance. The Foundation shall promptly notify FAMU’S representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the Foundation’s judgment or quality of services and activities described in Exhibit A. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Foundation may undertake and request an opinion of FAMU as to whether the association, interest or circumstance would, in the opinion of FAMU, constitute a conflict of interest if entered into by the Foundation. FAMU agrees to notify the Foundation of its opinion by certified mail within thirty (30) days of receipt of notification by the Foundation. If, in the opinion of FAMU, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Foundation, FAMU shall so state in the notification and the Foundation shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services and activities performed by the Foundation as described in Exhibit A.
UNILATERAL CANCELLATION. This Agreement may be unilaterally canceled by FAMU for refusal by the Foundation to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 120, Florida Statutes, and made or received by the Foundation in conjunction with this Agreement. LOBBYING. The Foundation is prohibited from using funds provided under this Agreement for the purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government. NOTICE. All written notices, demands and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby:
Florida A & M University Attn: Teresa Hardee, CFO & Vice President Office of the Vice President for Administrative and Financial Service Room 304, Foote-Hilyer Admin. Center Tallahassee, Florida 32307
to The Foundation: The Florida Endowment Foundation for Florida’s Graduates, Inc. Attention: Heather Beaven, CEO 306 South Ocean Shore Blvd. (A1A) Flagler Beach, FL 32136 21.0 22.0 AMENDMENTS. This Agreement may only be modified by written agreement executed by the Parties. INTEGRATION. This Agreement and the attached Exhibit A constitutes the entire agreement between the Parties concerning the subject matter hereof and shall govern the respective duties and obligations of the Parties and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the Parties. HEADINGS. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. EXHIBITS. Any exhibit referred to in this Agreement forms an essential part of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.
The Florida Endowment Foundation for Florida’s Graduates, Inc. _Heather Beaven _____________ Print Name:_Sept 26, 2011______ By: _______________________________ Heather Beaven, CEO
The Florida Endowment Foundation for Florida’s Graduates, Inc.
Statewide Best Practice Projects for Youth of Untapped Promise
The Foundation’s Purpose: 2,000 young people drop out each school day. Today, the average graduation rate for all youth in the nation is just 68%. When 1/3 of our nation’s youth leave school without a diploma or direction, we are compromising our future. One of the bottom line numbers that brings the enormity of this problem into focus it the incarceration rate for dropouts: 65% of state prison inmates are high school dropouts. It is our mission to stem that tide by enriching core academic subjects through real world relevance leading to life-long learning and increased earning. The Florida Endowment Foundation for Florida’s Graduates operates the Jobs for Florida’s Graduates, Girls Get I.T., VOiCE and SUPERB. It is the intent of this partnership to increase Florida’s high school graduation rate and increase individual students post graduation opportunities. Our continuing partnership with FAMU leverages existing partnerships with the USDOL, FLDOE, FLDJJ, Twin Oaks Juvenile Development, Jacksonville Youth Crisis Center, Jobs for America’s Graduates, WorkSource, as well as community based organizations and private foundations. Our partnering school districts include Broward, Flagler, Seminole, Hillsborough, Pinellas, Duval, Orange, Putnam, Brevard and Liberty. JFG’S SCOPE OF WORK: Our program consists of a comprehensive set of services designed to help young people graduate thereby building the confidence to move onto gainful employment or postsecondary education. More then 500,000 youth have received Jobs for America’s Graduates nationwide services since 1980. In 2007, The Urban League called JAG “the most effective drop-out prevention program for African American males in the Country.” In 2006, former USDOL Secretary Chao named JAG the wisest investment state and regional workforce boards can make because it is a “hand up not a hand out.”
Educating, Engaging & Empowering Young Floridians
In accordance with JAG, JFG is a competency-based work and life skills program targeting at-risk youth in middle schools, high schools, community colleges, incarceration facilities and community based organizations. Students are selected by an advisory committee based on their individual barriers to success. The JAG Model includes: Classroom Instruction. A Career Coach provides individual and group instruction for credit as an elective.
Employability Skills. Employability competencies and intensive career exploration and training opportunities. Adult Mentoring. Individual attention at risk students need to overcome barriers that stand in the way of personal and academic success Advisement and Support. Career Coaches provide guidance as students make significant career and life decisions and connect participants to other services in the community as needed. Summer Employment Training. Job placement is provided and partnerships are developed with employers to maximize year-long learning. Student-Led Leadership Development. Participants join a highly motivating student-led organization to develop leadership and teaming skills through learn and serve activities. Job and Postsecondary Education Placement Services. Employer marketing and assistance with postsecondary education opportunities. 12-Month Follow-up Services. No less than twelve months of follow-up services. Accountability System. National computerized tracking of participants served, services delivered and performance outcomes. SUPERB’S SCOPE OF WORK: Student United with Parents and Educators to Resolve Bullying (SUPERB) is a unique program model works with entire grade levels to increase their capacity to understand interpersonal communication, peer-to-peer relationships, empathy and conflict resolution. SUPERB was made possible by Senator Jeremy Ring and Nova Southeastern University Graduate School of Humanities and Social Sciences. SUPERB’s curriculum was recognized by the Sun-Sentinel for our awareness and sensitivity to society’s diversity in culture, ethnicity, and social class.
Educating, Engaging & Empowering Young Floridians In addition, the Broward County
Sheriff’s Office has repeatedly recognized SUPERB for its significant contribution to youth conflict resolution. For the purposes of this proposal, SUPERB will focus on serving socio-economically disadvantaged high schools, incarceration facilities and community based organizations. The National Association of Colleges and Employers (NACE) reports that the top 10 qualities employers seek have little to do with technical skills and a lot to do with personality and attitude. Employers want team players with great verbal and written communication skills, honesty and integrity, interpersonal skills, motivation and initiative, a strong work ethic, and analytical skills. Many people refer to these "soft skills" as "people skills" or "emotional intelligence." Whatever you choose to call it, individuals with the right attitude are more likely to be hired and more likely to get ahead in the workplace.
SUPERB uses career exploration, work-based learning and community service as a tool of conceptual relevance. Upon completion, SUPERB participants have achieved the following objectives: -- Increased awareness of stereotyping, cliques, racism, and social exclusion; -- Increased empathy and support for peers; -- Increased understanding and exploration of “helping” careers; -- Increased attachment to the school and work environment; -- Decreased social exclusion based on stigma, economic status, ethnic background, appearances, and other differences; -- Increased social skills by improving communication, teamwork, and peer cooperation; and -- Increased self-esteem and awareness of unique skills and abilities. SUPERB’s curriculum has been reviewed by Dr. Art Bodin of the Mental Research Institute in Palo Alto, and Dr. William Pollack of Harvard Medical School. SUPERB’s research is published in the Journal of Peace and Conflict (2006, v13 *1+). After participating in SUPERB’s 8 week program, the findings demonstrated 90% of preteen girls, and 100% of young teens of both genders saw themselves as more positive leaders after the program; 89% of their parents and 90% of school officials independently saw positive changes. In addition, the SUPERB team has developed a ‘train-the-trainer’ component to allow school-based educators and administrators to bring key elements into the classroom and other school-based programs.
Educating, Engaging & Empowering Young Floridians
GGIT SCOPE OF WORK: The Girls Get IT! Science Club is designed to increase the number of minority females pursuing STEM courses and careers. Underserved schools, community based organizations and incarceration facilities are natural partners. The clubs extend the learning experience beyond the classroom through interactive, hands‐on activities leading toward a high energy summer camp full of college‐bound and career‐bound activities. Girls Get IT! programs provide at‐risk girls with year‐round inquiry‐based experiences to increase their confidence and competence in IT and STEM related careers. This next level of quality curriculum and programming will help students achieve the following: (1) master valuable and practical technological skills; (2) build essential academic and professional skills to help with critical thinking, problem solving, and teamwork; (3) receive crucial academic and career guidance; (4) establish mentoring relationships with female role models in the technology; and (5) complete technology projects that incorporate creative expression and community involvement. Ultimately, the overall goal is to “move the needle” on the number of young women entering STEM (science, technology, engineering and math) fields of study and careers. We believe this is a critical initiative. Women comprise 52% of the population yet fewer than 33% of students in computer courses are female, women comprise only 20% of IT professionals, 13% of engineers are female and only 6% of pilots are women.
The Florida Department of Education and Cisco Systems originally founded GGIT. It is currently supported through funds from the Florida Department of Education, the National Science Foundation, Verizon, AT&T, PBS&J, and Wal-Mart. SCOPE OF WORK: VOiCE (Victory Over Instability by Choosing Education) is a multi‐media academic enrichment, work based learning concept designed to give young people real‐world, work‐based opportunities in journalism, song‐writing, composing, graphic design, communications and publishing. VOiCE was originally made possible through our partnerships with the Florida Department of Education, the Verizon Foundation, Mobile Modular’s, The City of Palatka, Putnam County, Putnam County School District, the North East Florida Educational Consortium, and the First Coast Workforce Development Board.
Educating, Engaging & Empowering Young Floridians The objective of VOiCE is
four‐fold: 1) to use the power of self expression as a method of empowerment; 2) to publish the stories of disenfranchised communities; 3) to explore and report on local influences in music, entertainment and art; and 4) to provide real‐world, work based learning opportunities which translate into post secondary enrollment and/or employment within multi‐media careers. VOiCE measures its success by graduation rate, academic improvement, post secondary enrollment and employment rate. Today, there are more than 53,000 journalists in the USA. Ten percent of people working in journalism are minorities and 11% women. VOiCE is designed to diversify the multimedia career fields by providing opportunities for improving educational achievement, preparing for and succeeding in the workplace, leadership development, guidance and counseling as well as adult & business mentoring through the following activities and strategies: • Participate in relevant activities related to multi‐media careers in an afterschool club setting; • Hands‐on, minds‐on curriculum to discover the world of multi‐media technology courses and careers; • Collaboration between education, community, and business organizations to develop best practices, resource sharing and work‐based learning opportunities; and • Opportunities to empower young people to explore careers in multi‐media by offering possible mentors, internships and creating a pathway into the workforce. VOiCE is not only an after school activity, there is also a center under development. The land and building has been donated for a teen center located in Palatka, Florida. The community (and students to be served) is suffering from high crime, high unemployment, high drug trafficking and high racial tension. The idea of a center in this particular neighborhood has been supported with enthusiasm.
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