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HomeMy WebLinkAboutFY23 SRC OATS CONTRACT 1 INTELLECTUAL PROPERTY LICENSE AND SUBGRANT AGREEMENT This Intellectual Property Licensing and Subgrant Agreement (the “Agreement”), effective as of May 31, 2022 (“Effective Date”), is between Older Adults Technology Services, Inc., a New York nonprofit corporation, with a principal place of business at 168 7th Street, Suite 3A, Brooklyn, NY 11215 (“OATS”) and New Hanover County Senior Resource Center, a Government Agency with a principal place of business at 2222 S College Road, Wilmington, NC 28403 (“Organization”). OATS and/or Organization may be referred to as a “Party” or collectively as the “Parties.” WHEREAS, OATS is a 501(c)(3) tax-exempt, nonprofit organization that provides resources and services (collectively known as “Senior Planet”) to adults aged 60 and older (“seniors”) which are designed to produce positive outcomes related to seniors’ social connection, health and wellness, civic participation, economic security, creativity and lifelong learning; and WHEREAS, OATS has developed the Senior Planet licensing program to expand its reach in additional communities; and WHEREAS, OATS has developed and owns the rights and title to certain intellectual property used in connection with its Senior Planet programs; and WHEREAS, OATS is the recipient of a grant from AARP Foundation, an affiliated 501(c)(3) organization, (“Grant”), as part of AARP Foundation’s work with Google.org on the Digital Skills Ready@50+, an initiative to provide digital skills training to older adults with a focus on women and people of color from low income communities to help them achieve economic security (“DSR@50+); and WHEREAS, Organization provides programming for seniors and desires to license the intellectual property (“Licensed IP”) (as defined herein) from OATS in order to offer Senior Planet licensed programming to its clients within (the “Territory”) (as defined herein) that is aligned with the goals of DSR@50+; and WHEREAS, in concert with the licensing of Licensed IP for the Senior Planet licensing program, OATS wishes to subgrant Grant funds to Organization in order to execute on the DSR@50+ (“DSR@50+ Subgrant”); andWHEREAS, Organization wishes to license the Licensed IP, receive the DSR@50+ Subgrant funds and use both to help deliver on the goals of DSR@50+; and WHEREAS, the Parties desire to enter into this Agreement setting forth the terms and conditions upon which OATS will license the Licensed IP to Organization for use by Organization in piloting the Senior Planet licensing program in order to executee on the DSR@50+ Subgrant; NOW THEREFORE, for the mutual agreements and promises set forth herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Intellectual Property License. a. OATS hereby grants to Organization a limited, non-exclusive, nontransferable, non-sublicensable, royalty-free right and license to reproduce, distribute, publicly DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 2 display, publicly perform, and otherwise use specific intellectual property consisting of instructional and other materials required to operate the Senior Planet licensing program and execute on the DSR@50+ Subgrant, as further described on Exhibit A attached hereto (the “Licensed IP”), provided that Organization shall have no right to create unauthorized derivative works of the Licensed IP and any derivative works created by Organization shall be owned by OATS. b. The Licensed IP shall be used by the Organization solely during the Term and solely for the limited purpose of offering the Senior Planet licensing program to groups of seniors on its premises to seniors residing in following ZIP codes: 28401, 28403, 28405, 28409, 28411, 28412, 28428, 28429, 28449, 28480 (the “Territory”). Organization shall make its own determination regarding its ability to provide safe in-person services during the COVID-19 public health crisis and will implement safety protocol based on recommendations by the Center for Disease Control (CDC) and in accordance with all applicable federal, state and local laws. c. Except to the extent embedded within the Licensed IP, Organization shall not use OATS’s trademarks or logos absent OATS’s prior written approval (e.g., Organization shall not display the OATS logo on its website absent prior written approval). d. Upon request, OATS shall provide an initial allocation of up to seventy-five course packets containing the Licensed IP, to be shipped to Organization at its principal address. OATS shall also provide online access to the Licensed IP. 2. Ownership of Licensed IP. Organization agrees that, subject to the rights and licenses granted herein, OATS is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Licensed IP and any copies of the Licensed IP, whether made by, or on behalf of, OATS or Organization, and Organization shall take no action and make no statement inconsistent therewith. OATS reserves all rights and licenses related to the Licensed IP not expressly granted in this Agreement. Nothing in this Agreement is intended to convey to Organization the legal title to any Licensed IP. All use of the Licensed IP by Organization will inure solely to the benefit of OATS, and Organization shall acquire no rights therein. Organization shall not apply for or register, or cause or permit any third party to apply for or register, any of the Licensed IP. If, at any time, Organization acquires any rights in, registrations of, or applications for, the Licensed IP by operation of law or otherwise, Organization shall immediately, upon request by and at no charge to OATS, assign such rights, registrations, and/or applications to OATS, along with any and all associated goodwill. 3. DSR@50+ Subgrant. Organization agrees to: a. Identify a single point of contact who will provide leadership to the relationship and who will communicate with OATS on a regular basis; b. Complete the work described in the scope of work (SOW) attached hereto as Exhibit B; DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 3 c. Submit quarterly programmatic reports through OATS’s designated portal (the “Portal”), currently supported by Qualtrics and Salesforce. The programmatic report shall consist of what is provided in Exhibit C. Submitted and approved reports are required in to maintain compliance with DSR@50+ Subgrant terms and failure to do so may trigger termination of the Agreement as well as 3(g) set forth below. i. Quarterly programmatic reports shall include the following metrics and demographic data:  The number of people served by the DSR@50+ Subgrant program.  The number of older adults (age 50 and older) with low-income served by the DSR@50+Subgrant program.  The number of people trained through the DSR@50+ Subgrant program.  The number of older adults (age 50 and older) with low-income trained by the DSR@50+ Subgrant program.  The number of women and people of color with low-income trained through the DSR@50+ Subgrant program.  Progress on the administration, collection , reporting of participant outcomes against the strategic objective listed in the SOW.  Demographic data for DSR@50+ Subgrant program participants and people trained to include birth year, gender, ethnicity, race income level and household size. This data should be used to calculate the number of individuals served and trained by the DSR@50+ Subgrant program age 50 and older with low income.  Gender sexual orientation, ethnicity and race data for older adults (age 50 and older) with low income. This data will be reported separately from the total group of people served/project participants/people trained.  Net Promotor score (NPS) information to gauge DSR@50+ Subgrant program participants satisfaction. d. Collect personal stories of participants in the DSR50+ Subgrant program as described in Exhibit D. e. Obtain each participant’s informed consent for any survey distributed to participants of any DSR@50+ Subgrant program, for the purposes of reporting de- identified outcome data to OATS, or for any other reason, as presented in Exhibit E attached hereto (“Informed Consent”); DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 4 f. Not issue any press release or otherwise make any public announcement or disclosure with respect to this DSR@50+ Subgrant or this Agreement, any of the activities contemplated hereunder, or concerning the relationship between the Parties without OATS’ prior written consent in each instance and acknowledge OATS and AARP Foundation on all public communications, as appropriate; g. Use the DSR@50+ Subgrant funds exclusively in the performance of this Agreement as outlined by the terms of this Agreement, and in the event that OATS reasonably determines that any funds were used by the Organization for purposes other than the performance of this Agreement, or for any unbudgeted expenses, or not expended by the Organization by the conclusion of this Agreement, the Organization shall promptly reimburse OATS for the amount of such improperly expended or unused funds; and h. Retain invoices, receipts, accounting records and other supporting documentation for at least three (3) years after October 6, 2023. The Organization will maintain books and records consistent with generally accepted accounting principles and good business practices. OATS shall have the right to audit the Organizations’s books and records with reasonable notice, for the limited purpose of confirming that funds are expended by Organization solely in performance of the activities noted in Exhibit B, 4. Manner of Payment. OATS will provide grant funds for expenses relating to the activities described in this agreement and within the grant period not to exceed $20,000. Payments will be made following execution of this License and Subgrant Agreement as well as completion of necessary vendor form and related documents. Payments are contingent upon receipt of funds from AARP Foundation. 5. Term and Termination. a. Term. This Agreement shall commence as of the Effective Date and shall continue until July 31, 2023 (“License Subgrant Termination Date”) unless terminated earlier pursuant to section 5.b. Agreement (“Termination”). b. Termination. Before expiration of the Term, either Party may terminate this Agreement upon: (i) any material breach of the Agreement by the other Party, if such breach is not remedied to the reasonable satisfaction of the non-breaching Party within ten (10) business days after written notice; (ii) ten (10) business days’ written notice to the other Party whenever the notifying Party in its sole discretion determines that the continuation of the Agreement will damage its reputation or good will, or is inconsistent with its tax-exempt status; (iii) written notice in the event one Party (a) becomes or is declared insolvent or bankrupt or is subject to the appointment of a trustee or receiver or any equivalent thereof, or (b) is the subject of any proceeding related to its liquidation or insolvency (whether voluntary or involuntary) which is not dismissed within ninety (90) days; or (iv) by either Party for any reason, with or without cause, by providing a 30-day written notice to the other party. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 5 c. Effect of Termination. Upon expiration or the earlier termination of this Agreement, Organization shall immediately cease all use of the Licensed IP and shall delete, destroy or return any remaining and/or unused physical copies of the Licensed IP to OATS. Any unused DSR@50+ Subgrant funds in receipt of the Organization must be refunded to OATS by the date of Termination. 6. Quality Control. Organization agrees to comply with any quality control standards announced from time to time by OATS regarding the Lic ensed IP. Organization agrees not to use the Licensed IP in a manner that is defamatory, misleading, libelous, obscene, or otherwise potentially damaging to the reputation or goodwill of OATS. OATS may reasonably request that Organization deliver representative samples of any materials containing the Licensed IP to ensure all quality control standards and usage guidelines are being maintained and adhered to, and Organization shall promptly comply with such requests. In no event may Organization remove any copyright or intellectual property notice, proprietary legend, trademark or service mark from any of the Licensed IP. 7. Additional Responsibilities of Parties. a. The Parties agree to create a program plan and schedule that will define the Parties’ respective roles and responsibilities and the operational conditions upon which the Licensed IP will be used in accordance with the terms of this Agreement in order to promote the collaborative production of positive outcomes in the lives of seniors in support of DSR50+ initiative. Organization acknowledges and agrees that OATS will have final approval rights regarding the manner of use of the Licensed IP. b. Organization shall comply and shall also require its trainers to comply with the Trainer Quality Assurance Standards as set forth in Exhibit F and provide OATS with a list of its approved trainers who have met said requirements (“Authorized Trainers”). c. Organization shall comply and shall also require its administrator(s) to comply with the Quality Assurance Requirements set forth in Exhibit F, (including the Quality Assurance Protocol and Quality Assurance Plan set forth therein) and provide OATS with a list of its approved administrators who have met said requirements, (“Program Administrators”). d. Organization agrees to provide OATS such reasonable assistance as OATS may require in their efforts to register and protect their rights in the Licensed IP. e. Nothing contained herein grants Organization the right to use any other intellectual property of OATS, including any other trademark, service mark, certification mark, tag line, and/or logo, or any confusingly similar designations of the same, without express written permission. Use of the Licensed IP in any manner inconsistent with the terms of this Agreement or use of any other intellectual property of OATS or any confusingly similar designations of the same, without explicit written permission, shall be considered an infringement and a material breach of this Agreement. For the avoidance of doubt, third party trademarks and logos are not included in the Licensed IP and shall not be used by Organization absent such third party’s prior written approval, in each instance. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 6 8. Compliance with Law. Organization represents and warrants that Organization will comply with all local, state, and federal laws and regulations applicable to the use of the Licensed IP under this Agreement. 9. Confidentiality. Each Party acknowledges that certain information received under this Agreement, including, but not limited to, non-public information concerning the disclosing Party’s business, methods, programs, activities, services, donors, members, clients, or finances (“Confidential Information”), is confidential and proprietary. Each Party agrees to hold any and all Confidential Information of the disclosing Party in strict confidence and not disclose such Confidential Information to any third party, except as required by law or as authorized by the disclosing Party. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) was known to the Party receiving such information at the time of its receipt from the disclosing Party; (iii) is rightfully received from a third party who did not acquire or disclose such information by a wrongful or tortious act; (iv) is independently developed by the receiving Party without reference to any Confidential Information; or (v) is inherently non-distinctive or non-proprietary in nature. This confidentiality provision shall survive termination or expiration of the Agreement. Parties agree that Confidential Information shared with OATS by Organization may be shared further with AARP Foundation exclusively in furtherance of purposes of the DSR50+ Subgrant program. 10. Representations & Warranties. a. OATS represents and warrants that it possesses all rights to license the Licensed IP in accordance with the terms of this Agreement. b. Each Party represents and warrants that: i. it has the right, power and authority to enter into this Agreement, grant the rights and benefits herein described and satisfy its obligations hereunder; ii. the execution and performance of this agreement by the party will not violate or conflict with the rights of any third party or with any service, employment, confidentiality, consulting or other agreement to which the party or its employees is a party or by which the party or its employees may be bound; iii. it shall not take any action or perform a service that would tarnish the name, reputation or brand of the other party; and iv. it and its employees will comply with all local, state, and federal laws (including common law fiduciary obligations), ordinances, regulations, and orders with respect to its performance under this Agreement. 11. Indemnification. a. Organization shall defend, indemnify and hold harmless OATS, and their respective agents, representatives, directors, officers, and employees, from and DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 7 against any and all actions, claims, demands, liabilities, expenses and costs, including, without limitation, reasonable attorney’s fees and legal expenses, which arise out of any claim regarding (i) any breach by Organization of any representation, warranty, term and/or covenant herein; (ii) the negligence or willful misconduct of Organization in connection with Organization’s performance (or failure to perform) under this Agreement; or (iii) Organization’s use of the Licensed IP outside the Territory or for any purpose other the purpose specified in Section 1b of this Agreement. OATS shall promptly notify Organization of any such claim or cause of action; Organization shall control the defense of any such claim, and shall have the right to settle any such claim in its discretion, provided, that any such settlement or resolution contemplated by the Organization that (x) imposes any obligation on an indemnified party, (y) may impact OATS’ rights in the Licensed IP, or (z) does not fully release an indemnified party shall not be concluded without the prior written approval of such indemnified party (not to be unreasonably withheld, delayed, or conditioned). OATS shall cooperate with Organization (at Organization’s expense) in a reasonable manner to facilitate the defense of such claim. b. This indemnification obligation shall continue beyond the termination or expiration of this Agreement to the extent permitted by law. 12. Insurance. At all times during the Term of this agreement, both parties, individually, shall carry and maintain in full force and effect comprehensive general liability insurance in an amount not less than One Million dollars ($1,000,000), and workers’ compensation insurance in an amount as required by applicable law covering all personnel engaged in the furnishing of services under this agreement. 13. Guidance Regarding Advocacy and Lobbying Activities. DSR@50+ Subgrant funds may not be used directly or indirectly to influence legislation; to influence the outcome of any specific public election or to carry on any voter registration drive; to make any grants that do not comply with the rules for individual grants and organization grants in Section 4945 of the Internal Revenue Code; or to undertake any activity for a non-charitable purpose. 14. Discrimination. The Organization agrees that in performance of this Agreement, it will abide by all applicable laws prohibiting discrimination on the basis of age, disability, sex, sexual orientation, gender identity, gender expression, race, color, religion, national origin or any other characteristic protected by applicable law. 15. Waiver. The failure of any Party at any time to require performance of any provision of or resort to any remedy provided under this Agreement shall in no way affect the right of that Party to require performance or resort to a remedy at any time thereafter, nor shall the waiver by any Party of a breach be deemed to be a waiver of any subsequent breach. A DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 8 waiver shall not be effective unless it is in writing and signed by the Party against whom the waiver is being enforced. 16. Severability. If any term or provision of this Agreement is determined to be invalid, illegal, or incapable of being enforced by any law, regulation, or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect. 17. Survival. In addition to those provisions of the Agreement that, by their express terms, survive the termination or expiration of this Agreement, any provision which would, by its nature, survive the termination or expiration of this Agreement, shall do so. 18. Assignment. Organization shall not assign this Agreement, or any rights, interests, or obligations hereunder, without the prior written consent of OATS. 19. Notices. All notices required or permitted to be given under this Agreement shall be deemed to have been duly given: (a) when delivered in person, (b) upon confirmation of receipt when transmitted by e-mail (only if followed by delivery by national overnight courier or hand for delivery on the next business day), (c) upon receipt after dispatch by registered or certified mail, postage prepaid, or (d) on the next business day if sent by national overnight courier (with confirmation of delivery). All such notices shall be delivered to the addressees listed below (or at such other address as may be furnished in writing to the notifying Party): If to OATS: 168 7th Street, Suite 3A Brooklyn, NY 11215 Email: ffields@oats.org Attn: Fred Fields, COO With a copy to: AARP Office of General Counsel 601 E Street, NW Washington, DC 20049 Attn: Sarah Shaw, Sr. Associate General Counsel If to Organization: 2222 S College Road Wilmington, NC 28403 Email: tbradley@nhcgov.com Attn: Tufanna Bradley, Assistant County Manager 20. Governing Law. This Agreement shall be construed and governed by the laws of the North Carolina, without regard to conflicts of laws principles. 21. Miscellaneous This agreement and the exhibits may be modified, altered or amended only by written agreement of the parties. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 9 Organization must have its own written fiscal and administrative requirements for expending and accounting for all DSR50+ Subgrant funds and extend such policies to all subrecipients, if applicable. These fiscal and administrative requirements must be sufficiently specific to ensure that costs are reasonable and necessary for operating these programs, and funds are not used for expenses unrelated to the performance of this Agreement. In addition, Organization shall have written procedures for determining the reasonableness, allocability and allowability of costs associated with expenses related to grant funds. 22. Entire Agreement. This Agreement shall constitute the complete understanding of the Parties and shall supersede all prior written or oral agreements or understandings. This Agreement shall not be modified or amended except in writing signed by the authorized representatives of each Party. 23. Counterparts; Electronic signatures. This Agreement may be executed in counterparts and by electronic signature, each of which shall be considered an original signature and shall have the same force and effect as an original signature for all purposes. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, or versions of an original signature that are electronically generated and transmitted (e.g., pdf, DocuSign,) or any electronic signature that complies with the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act, the Uniform Electronic Transactions Act (UETA), or equivalent State law. [signatures on following page] DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 10 In WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives on the dates indicated below. Older Adults Technology Services, Inc. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title __________________________________ Date Organization ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title __________________________________ Date DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A Thomas Kamber 9/2/2022 | 2:45 PM PDT Executive Director Assistant County Manager 9/6/2022 | 2:04 PM EDT Tufanna Bradley 11 EXHIBIT A Description of Licensed IP Senior Planet Licensing Program Training Materials:  Materials for Session 1: Intro to OATS & Senior Planet  Materials for Session 2: Program Setup 1  Materials for Session 3: Program Setup 2  Materials for Session 4: Teaching Older Adults  Materials for Session 5: Curriculum & Preparing for a Lesson  Materials for Session 6: Best Practices & Engagement  Materials for Session 7: Classroom Management  Materials for Session 8: Localization, Observation, & Discussion  Materials for Session 9: Practice Teaching  Materials for Session 10: Tying it All Together Senior Planet Licensing Program Curriculum:  Courses o Computer Essentials o Chrome Essentials o iPad Essentials o Android Essentials o Intro to Digital Culture  Multi-Session Series o Online Basics o Hosting on Zoom o Using Google Docs o Creating Your LinkedIn Profile o Using Google Workspace Tools o Video Conferencing for Remote Work  Workshops o Connecting to the Internet o Finding Information Online o Getting Started with LinkedIn o Getting Started with PayPal o Getting Started with Venmo o Getting Started with Zoom o Making the Most of Gmail o Hosting a Zoom Meeting o Staying Safe Online o Using Job Search Engines  Lectures o Affordable Home Internet o All Things Zoom o Cloud Storage o Crowdfunding for Entrepreneurs o eBay and PayPal o Google Maps o Google Workspace o How to Choose a New Computer DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 12 o Introduction to Hosting on Zoom o P2P Payments • Smartphones o Protecting Your Personal Information Online o Social Media for Job Searches o Startup! o Video Chat o Using Google Doc Templates for Resumes and Cover Letters OATS often updates, refines and makes changes to its content to continue to meet the needs of the program. Accordingly, although the items listed above constitute the current content, OATS reserves the right to update, refine, rename, add or remove materials from the Licensed IP at OATS’ sole discretion. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 13 EXHIBIT B Statement of Work Under this agreement New Hanover County Senior Resource Centeragrees to:  Serve 75 individuals living with low-income, with at least 50% being women and people of color. Low income is defined as individuals with household income of less than $40,000.  Identify a single point of contact who will provide leadership to the program and who will communicate with OATS on a regular basis (program administrator)  Complete required onboarding and training required for program implementation  Identify at least one staff person to serve as a trainer  Provide classroom space with projector and screen or TV as well as a sound system with room audio and microphone to host training programs  Provide a classroom set of 8-15 devices and an internet speed capable of supporting hands-on training including workshops and/or multi-session training programs (50 Mbps download speed or higher)  Inform OATS in a timely manner of program selection and course book needs  Develop marketing plan and provide local outreach and recruitment to 50+, living with low-income, with a focus on women and people of color, using pre-approved DSR@50+ templates and messaging  Enter participant enrollment and attendance via the systems OATS provides (currently Salesforce and Qualtrics) and collect all critical participant data and metrics in a timely way.  Complete quarterly reporting using documents provided by OATS to track participants served, trained and some employment data. See Reporting Requirements below for dates.  ProvideDSR@50+ participant success stories to AARP Foundation and OATS. Please provide monthly training outcomes for the Initiative period: Month/Year # of digital skills classes hosted # of WFY or BTW classes hosted # of people per class Total # of 50+ low income trained # of women # of People of Color Example 20 4 20 480 335 240 July 2022 0 0 0 0 0 0 August 0 0 0 0 0 0 September 0 0 0 0 0 0 October November December January 2023 February March April May June July Total Please provide a description of the uses of the microgrants Purchase Category Amount Explanation Ex. Technology $2,500 Purchase of 10 Chrome Books DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 2 Volunteer Stipend 4 4 0 10 2 Technology 0 small stipend to volunteer instructors 2 4 4 10 2 4 2 2 4 2 0 2 2 Charging cart for tech equipment 410 44 10 Supplies 4 4 4 10 0 2 2 2 0 4 2 4 10 0 4 4 0 0 4 17200 800 2 10 4 10 2 10 2 0 2 0 4 4 2 2 0 2 10 2 42 10 2000 4 Combination of chromebooks/iPads/PCs 14 Total Amount $ Under this agreement OATS agrees to:  Provide a grant of $20,000 Program Microgrant Amount Digital Skills Courses $20,000 Total $20,000 DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 20000 15 EXHIBIT C Programmatic Report Template Data Collection Reporting Form Organization will submit reporting on the following quarterly basis to OATS using the below form: Reporting Period Report Deadline Report # 1 Oct 7, 2021 – Jul 31, 2022 On or before Jul 31, 2022 Report # 2 Aug 1 – Oct 31 2022 On or before Oct 31, 2022 Report # 3 Nov 1 2022 – Jan 31, 2023 On or before Jan 31, 2023 Report # 4 Feb 1 – Apr 30, 2023 On or before Apr 30, 2023 Final Report May 1 – Jul 31, 2023 On or before Jul 31, 2023 DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 16 Exhibit D Personal Stories Powerful, relatable stories are how OATS and AARP Foundation inspire others to act, whether it’s to sign up for a program, become a volunteer, make a donation or be featured in national media. As an OATS subgrantee, you're well positioned to help us identify these stories. We require that you submit two (2) personal stories every six (6) months — program participants or volunteers — that demonstrate the program’s impact. Please prioritize stories of older adults who fit one (or more) of the following profiles:  A program participant who had a very positive experience participating in an OATS program.  A program participant whose life was meaningfully improved by OATS programs and services (e.g., an older worker who was laid off, and then gained new skills and found a new job or started their own business following an OATS program).  A volunter who helped an older adult meet a need.  A volunteer who used technology to stay connected and continue giving back to their community. Please note that program participants and volunteers must be able and willing to:  Participate in a phone or video interview with an OATS or AARP Foundation writer.  Allow OATS and AARP Foundation to share their story in a variety of formats.  Sign a media release or, if unwilling to do so, give OATS and AARP Foundation written permission to use their story/quotes anonymously.  Be interviewed by the media.  Provide clear photos of themselves and give permission to use the photos on various channels. Allow OATS or AARP Foundation to follow up with them at a later date to get more details for their story (if needed). DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 17 EXHIBIT E Informed Consent The Organization shall draft and administer the informed consent in the method most suitable for the project, however, it is recommended that statements of informed consent include, but not be limited to:  the voluntary nature of participation  a description of what participation entails  benefits and risks of participation, if any  information on how responses will be maintained and used  contact information for the Organization Participants must provide their informed consent to the survey in order for the Organization to collect and report on participant outcomes to OATS. AGREEMENT TO PARTICIPATE IN A SURVEY You are being asked to volunteer to participate in a <insert type of survey>, for example, two- part survey. The purpose of the survey is to <insert purpose of survey>, for example, to help us learn more about the effect that participating in our program has on participants. If you decide to take part in the survey, you will <insert timeframe for survey>, for example, complete the first part of the survey today and the second part in about six months. Each part of the survey should take no more than <insert time to complete the survey>, for example, 10 minutes of your time. <If a multi-part survey, insert description of the procedure for contacting the participants.> For example, for the second part of the survey, a survey administrator from OATS will be contacting you by phone to administer the follow-up survey. I understand that there are no costs to me to take part in this survey. I understand that I may stop taking part in this survey at any time without penalty or loss of benefits to which I am otherwise entitled. I understand that I will not lose any of my legal rights by agreeing to participate in this study. I also understand that OATS will keep my data confidential and that my name and other personal identifying information, if provided, will not be used in any presentations, reports or public documents related to this project. I understand that my data and information will be analyzed as part of an aggregate result with responses from other individuals who participate in the survey. By providing my initials below, I agree that I understand the information presented above and volunteer to take part in a <insert type of survey>, for example, two-part survey. <If multi-part survey, insert language to confirm participant’s agreement to be contacted again.> For example, I also agree to be contacted in about six months to complete the second part of the survey. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 18 Participant's initials ___________________________ Today's date: (mm/dd/yyyy) _________________________________ DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 19 EXHIBIT F Trainer Quality Assurance Standards Organization shall require its Authorized Trainers to comply with the Trainer Quality Assurance Standards. Authorized Trainers assume a unique opportunity to empower older adults in their local communities by helping them thrive in the digital world and harness technology to achieve their personal goals. After Authorized Trainers successfully complete the train-the-trainer series and begin teaching the first Senior Planet class, they are no longer only the face of their local organization, but also that of OATS and Senior Planet. Therefore, in addition to delivering OATS curriculum and offering technology support, Authorized Trainers serve as “brand ambassadors” and are responsible for communicating the Senior Planet culture of excellence, curiosity, and attitude. In order to maintain the high quality of OATS and Senior Planet programs, Organization shall require that its Authorized Trainers:  Teach in-person technology courses using the OATS curriculum and approach  Represent and promote Senior Planet culture and opportunities to course participants  Create a warm and inclusive classroom learning environment  Demonstrate patience and respect toward all participants  Communicate technical information clearly and promote active learning  Are proficient with Windows computers, iOS, popular social media sites, and other common technologies/devices  Engage in regular communication with the Program Administrator, including feedback on site issues, curriculum, etc.  Coordinate with the Program Administrator regarding classroom and technology set-up and access, site visits (if necessary), graduations, etc.  Participate in trainer meetings and other training events  Recruit participants, as determined by the Program Administrator  Complete all assigned tasks in a professional and timely manner, including (but not limited to) collecting surveys and evaluations, and working with the Program Administrator to enter data into Salesforce or other program agreed upon in writing by OATS and Organization  Comply with observations as requested by OATS In the event that Organization’s Authorized Trainees are unable to maintain these standards, Organization shall require its Authorized Trainees to submit to the Quality Assurance Protocol set forth herein. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 20 Quality Assurance Requirements Organization shall comply and shall require its Authorized Trainees and Program Administrator(s), as applicable, to comply with the Quality Assurance Requirements. Reporting  95% of program participants are recorded in Salesforce (or other program agreed upon in writing by OATS and Organization) by the final business day of the quarter.  90% of program participants complete all assigned surveys by the final business day of the quarter.  Organization maintains an average minimum net promoter score of 50 across all programs delivered during a quarter. Program Activity  All programs for an upcoming quarter are scheduled and submitted to OATS by the Program Calendar Deadline shared by OATS in the Program Calendar Plan.  The quarterly coursebook order is submitted to OATS by the Quarterly Coursebook Order Deadline shared by OATS in the Program Calendar Plan.  Organization will require that its Authorized Trainers adhere to all guidelines and standards set forth in the Train the Trainer series and utilize the supporting documents in the resources available in the Program Support Center.  Program Administrators are responsible for ensuring that all Authorized Trainers within their program adhere to Trainer Quality Assurance Standards. Quality Control  A Organization that fails to meet any Quality Assurance Requirement during a single quarter may be required by OATS to submit to the Quality Assurance Protocol.  A Organization that fails to fulfill the actions identified through the Quality Assurance Protocol may be removed from the Senior Planet licensing program.  A Organization that fails to meet all Quality Assurance Requirements during two quarters in a consecutive four-quarter period may be removed from the Senior Planet licensing program. Quality Assurance Protocol  OATS staff will meet with the Organization’s Program Administrator to outline specific actions to bring the Organization back in alignment with the Quality Assurance Requirements. OATS staff will capture these steps in a Quality Assurance Plan and share the plan with the Organization within 10 business days of the initial meeting.  The Quality Assurance Plan will identify a follow-up meeting date or dates to evaluate progress toward completing the actions outlined.  Within 10 business days of the final progress check-in date OATS will share a written update with the Organization either confirming or denying that the Organization has completed all actions identified in the Quality Assurance Plan.  A Organization that fails to complete all actions identified in the Quality Assurance Plan within the identified timeline may be removed from the Senior Planet licensing program. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 21 Quality Assurance Plan Date: _________________________ Organization: ________________________________ Meeting Attendees: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________________ Reason for initiating the Quality Assurance Plan: Meeting Notes: The following are notes from the meeting between the listed attendees on the above date. Following the meeting, OATS will formalize an action plan and share it with the Organization within 10 business days of the meeting. DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 22 Date: _________________________ Organization: ________________________________ Date: _________________________ Organization: ________________________________ Action Plan: DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 23 Date: _________________________ Organization: ________________________________ Date: _________________________ Licensed Organization: ________________________________ Action Plan: DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A 24 Program Administrator: Signature and date: OATS Representative: Signature and date: Authorized Trainer: Signature and date: By signing, I agree to comply with the action plan, including adhering to any dates listed, or the Organization may be at risk of losing its license. Organization: Signature and date: DocuSign Envelope ID: D7431627-93A1-4789-A667-1DB6823D2A7A