Grants:PEG/Example project grant agreement for individuals

Purpose and background

This type of grant agreement is used by WMF to make grants to individual grantees with approved Project and Events grant requests.

These grant agreement examples are provided for information only. They are not intended for use with any specific project or grant, and may not be suitable for the needs of other projects or organizations. These examples do no constitute a grant offer or legal advice. If you receive a grant offer from the Wikimedia Foundation, Wikimedia Foundation will contact you at that time to provide an appropriate grant agreement specific to your project and your organization. While these examples are updated regularly, minor changes do sometimes occur. If you have concerns, you may need to contact the WMF Grants Administrator for the most current version of this example.

Highlights

These highlights are a user-friendly summary of some important parts of the Grant Agreement. They are not part of the Grant Agreement.

Congratulations! We are providing you Grant money for approved charitable or educational purposes.

In return, you agree to:

• Submit all grant progress and financial reports to us on time.
• Maintain accurate and detailed records about your use of the grant money.
• Notify us about major changes in your organization, any conflicts of interest, and legal allegations against your organization or employees.
• Comply with all applicable laws and regulations.

You should use the grant money for: charitable and educational activities consistent with the specific purposes of the Grant (as set out in Appendix 1) and the Wikimedia mission.

You may not use the grant funds for: lobbying, support of political candidates or campaigns, voter registration drives, or other propaganda.

If you are unable to comply, we will discuss with you, but we may:

• Reduce the Grant funding; or
• Terminate the Grant and ask for return of the Grant funds.

If you have any questions, please contact the WMF Grants Administrator <grantsadmin wikimedia.org>

Agreement text

Introduction

This agreement will be addressed to the person who has requested the grant and will include a date of issue at the top of the agreement.

The first paragraph of the grant agreement will be specific to this grant and this grantee and will include details about the grant, including the grantee name, the grant amount, the grant term, the effective date of the agreement. It informs that the Grantee will use this Grant only for the specific purposes set forth in Appendix 1 (“Purposes”).

1. Dedicated Bank Account:

You will keep the Grant funds in a single, non-commercial bank account. If requested by WMF, you will establish a joint account with other Grant recipients working on the same project. If requested by WMF, you may not commingle your personal funds with the Grant funds.

2. Payments and Funding Requirements:

a. Payment: WMF will pay the Grant in installments on a schedule set in consultation with you, contingent upon your complying fully with this Agreement. If WMF pays any costs you incur in connection with the Grant (e.g. travel or lodging), WMF may reduce the amount of the Grant funds paid to you by that amount.

b. Funds Transfer: WMF will pay the Grant funds to you by a payment processing service or by wire transfer according to the wire transfer instructions that you provide to WMF. See Appendix 2.

c. Use of Grant Funds: You will use the Grant funds, and interest earned on the funds, only for charitable or educational purposes within the meaning of U.S. tax law.

d. Return of Excess Funds: You will return any Grant funds that are unexpended within sixty (60) days of the end of the Grant Term to WMF or spend them as instructed by WMF.

e. Termination:

i. After consultation with you, WMF may terminate or reduce the Grant if, at any time, WMF determines that: (A) you are not making adequate progress towards the Purposes of the Grant, or (B) any terms of this Agreement are not met or are not likely to be met.

ii. You must repay within ten (10) business days of WMF’s notice of termination or reduction (A) any unused Grant funds, and (B) any Grant funds expended in violation of this Agreement.

3. Reporting and Notifications:

a. Reports: You agree to publish a complete and accurate Final Report on Meta according to the instructions provided at http://meta.wikimedia.org/wiki/Grants:Index/Reporting_requirements, and you will deliver such interim or other reports as WMF may request (collectively referred to as “Reports”). You will also submit all Reports to the WMF Grants Administrator at grantsadmin@wikimedia.org. You must submit all required Reports on or before their due dates as instructed by WMF. You will submit the Final Report within sixty (60) days of the end of the Grant Term. In that Final Report, you will describe the outcomes and knowledge learned, and provide an impact assessment of the Grant as well as any other information requested by WMF.

b. Follow-up: WMF may request additional information or meetings to review or discuss your activities and Reports. In its discretion, WMF may withhold Grant funds until receiving complete and adequate Reports from you.

c. Notification of Changes: You will promptly notify WMF of material changes or developments in any of the following: (i) your ability to fulfill the Purposes of the Grant; (ii) any financial variation of 20% or more from any line-item in your project plan; (iii) any changes with respect to the identity of the individuals who have control of or access to the dedicated bank account; or (iv) any actual, potential, or threatened legal or regulatory actions relating to the Grant. WMF may modify the above threshold for reporting a financial variation from any line-item in your project plan by providing you written notice to that effect.

4. Re-granting:

You may not re-grant any of the Grant funds to any third party without approval from WMF.

5. Maintenance of Financial Records:

You will keep copies of all Reports and financial records, including receipts and other expense documentation, for at least four (4) years after completing the Grant. You will make your Reports and financial records available to WMF staff at reasonable times for review or audit.

6. Legal Compliance and Governance:

a. Compliance with Law. In administering the Grant funds you will comply with all applicable laws and regulations. You will not use any portion or proceeds of the Grant to engage in any attempt to influence legislation or propaganda, or to intervene in any election campaign to support or oppose any candidate for public office. You will not use any Grant funds to support any actual or potential terrorist activities or organizations.

b. Conflicts of Interest: You will promptly notify the WMF Grants Administrator at grantsadmin@wikimedia.org of any actual or potential conflict of interest that arises in connection with the Grant.

c. Tax Obligations: You are responsible for any tax associated with your receipt of the Grant funds. Please consult with a tax advisor if you have any questions about your tax reporting or compliance obligations under this Agreement.

7. Cooperation:

You agree to cooperate with other WMF grant recipients who receive Grants to conduct work related to your Grant project.

8. No Agency:

This Agreement creates a grantor-grantee relationship, and does not create any employment or agency relationship, or partnership between you and WMF. You will not represent otherwise to anyone.

9. Limitation of Liability:

In no event will either party be liable to the other party for any damages, injuries, or losses resulting from or arising out of this Grant.

10. Notice:

You will publish notices, Reports, and other information in the manner and time set out in this Agreement. You will provide notices, Reports, and other information to WMF by sending an email (with appropriate links to the relevant materials) to the WMF Grants Administrator at grantsadmin@wikimedia.org at the time they are due.

11. Choice of Law:

This Agreement will be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of laws principles. You and the WMF agree to submit to personal jurisdiction and agree to resolve any claim, cause of action or dispute arising out of or relating to this Agreement exclusively in a state or federal court located in San Francisco County.

12. Final Agreement:

You and WMF may execute this Agreement in multiple counterparts. Electronic or facsimile signatures on this Agreement are as binding and enforceable as original signatures. This Agreement may only be amended by a written agreement signed by you and WMF. This Agreement supersedes any prior agreements and constitutes the entire agreement between you and WMF concerning the Grant. WMF has not agreed to provide you with any funding except as set forth in this Agreement.

Signature page

The signature page will follow the last section and will include instructions for returning the agreement, a signature from a WMF representative and a place for the grantee representative to add their signature, name, title and the date.

Appendices

Appendix 1: Purposes of the Grant

Your program officer or the grants administrator will provide your grant details in the appendix, which is based on the information you provided in your grant submission. It also links to the URL of your approved submission.

Full project name: This will be the name of your project as it appears on your approved grant submission.

Date of approval: This date is recorded by the grant administrator and in the history of your approved grant submission. Changes to your grant submission after this date may not be included in this grant agreement unless you have notified WMF of these changes and they have been approved in writing.

Start date: This is the date listed in your approved grant submission, and confirmed by the grants administrator.

Completion date: This is the date listed in your approved grant submission, and confirmed by the grants administrator.

URL of the approved grant submission: This will be a link to your approved grant submission.

Project goal:

This information will be pulled from your approved grant proposal. It may be summarized by your program officer or the grants administrator, since this appendix is usually between one and two pages long. This section describes what you will achieve through your project.

Project scope and list of activities:

This information will be pulled from your approved grant proposal. It may be summarized by your program officer or the grants administrator, since this appendix is usually between one and two pages long. This section describes what you will do to complete your project.

Appendix 2: Wire Transfer Information

The form in this appendix is included for your information. You do not need to complete it here if you have already returned a completed copy to the grants administrator.

Congratulations on your approved grant submission! Please complete this form, which we will use to send you funds for this grant and future grants, and return it to the grants administrator. It is very important that you complete this entire form, and that you check with your banking institution to be sure that this information is complete and accurate, and also that you may receive a wire transfer from the US. Within the US, we may also send grant funds by check, but you will still need to provide your bank account information below and meet the requirements listed here. Individuals receiving grants (except Travel and Participation grantees) are encouraged to establish a separate project-specific account used only for your project whenever that option is available. In some cases we may also consider sending funds to an individual's personal account, but we cannot send funds to an account in the name of a for-profit business. You should receive and store the funds in the same account unless you have received permission from WMF to do otherwise. If you have questions about using this form, please visit http://meta.wikimedia.org/wiki/Grants:Bank_information_form.

1. Name of account holder:
2. Address of account holder:
3. What is this account used for?
4. List all people with access to this account here:
5. Name of financial institution:
6. Address of bank branch: (include country)
7. Bank account number: (IBAN outside US)
8. SWIFT or BIC code (outside US): / Routing number or ABA (within US):
9. Country specific requirement (ex. CPF, IFSC, Sort code):
10. Preferred currency for grants:

Please attach any special instructions to this form and bring them to the attention of the grants administrator. 'Note about bank fees and documents: If you need to be reimbursed for bank fees, please determine the exact amount to be charged by your bank and contact the grants administrator before any grant funds are sent. If you require additional documents along with the funds transfer for your records, please let the grants administrator know now.