Cooperator Tax ID No.
Cooperator Agreement No.
12/8/08
MEMORANDUM OF UNDERSTANDING
BETWEEN
The Hope Alliance
AND
South Sudan Literacy Project-Solomon
This MEMORANDUM OF UNDERSTANDING is made and entered into by and between the The Hope Alliance (referred to as THA) and South Sudan Literacy Project -Solomon (referred to as SSLPS).
A. PURPOSE:
The purpose of this MOU is to continue to develop and expand a framework of cooperation between THA and the SSLPS to develop mutually beneficial literacy programs, projects and educational activities in Sudan. These programs, projects and activities comprise part of the THA multiple use mission.
STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
THA benefits include an active partnership with SSLPS to plan and construct school facilities in the village of Duk Padiet, Sudan and an opportunity to expand its mission to assist the people in Southern Sudan. The benefits for SSLPS through this cooperative effort are assistance in fundraising, providing donors to this project with a tax benefit to the extent allowable by law, and proper stewardship and accounting of funds donated and expended. Both THA and SSLPS are interested in increasing literacy and levels of education in Southern Sudan and also in the improvement in quality of life in communities lacking the basic necessities of daily living.
B. THE HOPE ALLIANCE SHALL:
1. Work with SSLPS to identify opportunities (literacy projects, education and assistance) and jointly pursue such projects with the Local Education Department community and local Districts.
2. Advise SSLPS on activities needed to make projects sustainable for the benefiting community.
3. Make THA’s literacy projects, policies, education plans, and other sustainable development policies and related activities, as directed by THA’s Board and management; comply with applicable Federal laws and regulations.
4. Include and utilize SSLPS’s technical and village community expertise in developing THA programs as they relate to Sudan’s literacy projects.
5. Promptly review all publications or printed materials intended for public distribution regarding SSLPS.
6. Accept donations for THA projects involving SSLPS paid directly to THA and account for them in a separate liability account on THA’s balance sheet. Direct expenses for THA projects involving SSLPS will be accounted for out of this account. This allows for easy auditing by SSLPS or, where appropriate, the SSLPS’s donors. Funds need not be segregated from other THA funds, however. THA will also send out “Thank You” letters to donors to SSLPS for tax deduction purposes. THA will be more than a conduit for funds, as required under U. S. tax law.
7. Provide some fundraising assistance for the SSLPS.
8. Provide proper accounting and review this agreement with SSLPS no less than annually and modify as necessary.
9. Review and approve an Annual Plan of Operations and Budget prepared by SSLPS and modify as necessary.
C. SSLPS SHALL:
1. Work with the THA to identify appropriate partnership opportunities in Southern Sudan and provide expertise that has to do with the knowledge and understanding of the communities.
2. Provide technical assistance to communities involved with projects and educational activities.
3. Encourage the community to work with local THA officials to discuss and identify opportunities for cooperative work or mutually beneficial projects or activities, when appropriate.
4. Provide training and instruction to the community regarding “In-Kind Donations”.
5. Obtain from the Local Education Department approval prior to implementation of any construction, maintenance, educational or publication or distribution of any printed material regarding the Literacy Project.
6. Serve as ambassador for the literacy programs and encourage cooperation with all local authorities.
7. Provide THA with a quarterly project plan.
8. Prepare an Annual Plan of Operations and present to the THA for Approval. This plan may be modified as necessary.
9. Review this agreement with the THA no less than annually and modify as necessary.
10. SSLPS will contribute, or THA will retain, 10% of all donations assigned to the literacy project involving THA. This 10% will be used to cover THA general administrative expenses.
11. Coordinate all construction activities of the education facilities, providing the proper specifications and collection of the proper proof of expenditures.
12. Provide locally or make THA aware of any pertinent educational or South Sudanese government programs for required certifications necessary in the community.
13. Allow THA to write about and show pictures of the SSLPS partnership projects and participants in THA publications.
14. Submit to THA for review all publications or printed materials intended for public distribution and not distribute them without the approval of THA.
15. Not engage in prohibited transactions or other activities which will prevent U. S. donors from receiving tax deductions for charitable contributions.
D. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.
2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the THA or SSLPS from participating in similar activities with other public or private agencies, organizations, and individuals.
3. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration.
4. PRINCIPAL CONTACTS. The principal contacts for this instrument are initially:
The Hope Alliance
/ South Sudan Literacy Project SolomonMonty Eggett, Executive Director
Phone number: 801-952-0400 / Solomon Awan
Phone number: 801-694-3048
FAX: 801-741-0311
E-Mail:
/ E-Mail:
The Hope Alliance
1775 West 1500 SouthSalt Lake City, UT 84104
Phone: 801-952-0400
FAX: 801-973-7473
E-Mail:
www.thehopealliance.org
Each party will promptly inform the other of any change in contacts or in contact information.
5. NONFUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document for any particular project. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Except for the administrative expenses described in C. 10. above, such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by the appropriate authority for each party.
6. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through ______, at which time it will expire unless extended.
The parties have executed this agreement as of the last written date below.
The Hope Alliance. / South Sudan Literacy Project SolomonMonty Eggett, Executive Director / Solomon Awan
DATE / DATE
DATE
The authority and format of this instrument has been reviewed and approved for signature.
DATE
THA Agreements Coordinator
1
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