The NFPA Education and Technology Foundation is committed to supporting programs and research in fluid power. We have established this Giving Program to achieve the following objectives:
• Actively engage students at all grade levels in learning about fluid power.
• Encourage the development of new teaching resources—fluid power laboratories as well as on-line, print and hands-on instruction tools.
• Support research in motion control through fluid power at the two-year, four-year and graduate school levels.
• Foster ongoing forums between educators and industry so that ideas and priorities of mutual interest can be shared and set.
The Giving Program consists of two funding mechanisms—
gifts and
grants. The selection of funding recipients will be based on the following criteria:
• Merits of the project---its goals and objectives
• Relevance and importance to fluid power technology
• Utilization of gift/grant funding
• Student involvement
• Evaluation measures
• Multiplier effect (for gifts only)
• Suitability of researcher and his/her knowledge of prior work relevant to the project (for grants only)
• Probability of successful outcomes (for grants only)
Gifts will be awarded to recipients as undesignated funds. Gifts will be awarded to those seeking support of projects that do not involve considerations of intellectual property. 100% of the award designated as a gift will go directly to the actual project costs and will not be applied to any overhead.
Supported activities at middle schools, high schools, technical colleges, and university undergraduate and graduate programs will fall within the range of $1,000 - $5,000, though exceptions may be made. Some examples include:
• Student activity-based learning
• Senior capstone projects
• Student competitions
Other supported activities funded with gifts in excess of $5,000 will be determined based on the application. Some examples include:
• Curricula development by faculty
• Development of teaching tools (e.g., textbooks, software programs, training stations)
• Lab development
(Please see appendix A for a prioritized list of preferred projects.)
Grants will be awarded to recipients as designated funds. Support of fluid power-related research will be the focus of these grants. Though overhead may be charged by universities for these grants, considerations of intellectual property dictate a grants channel. Grants must support inquiry into topics related to the fluid power industry and are not required to be of a specific length. (Please see appendix B for a prioritized list of preferred research topics.)
The grant program has multiple goals. In addition to strengthening ties between individual researchers and industry, the grant program seeks to stimulate interest in fluid power on campuses across the country and attract some of the best and brightest students to the field. It also seeks to provide world-class university research on pre-competitive problems of wide interest to the fluid power industry.
The research should have potential applications targeted within 5 years. The duration of the grant will be for two years. Should extensions to the duration be necessary, they can be applied for at the appropriate time.
The target support level should be $50,000-$75,000/year for each of the two years resulting in a total target proposal level of $100,000-$150,000. Grant funds can be used to pay for salary for faculty, stipends for graduate students or post-doctoral fellows, equipment, supplies and services and relevant travel required for the grant-funded project. Note that the grantee may be required to travel to present their work to the NFPA member companies at annual meetings, campus visits or webcasts and this should be budgeted accordingly. Applicants should identify the overhead rate and how it will be applied to this project.
A signed Grant Agreement is required in order to receive funding. We understand that each educational institution may require minor changes to the agreement. However, this agreement must be finalized and signed before funding can be provided. (Please see appendix C for a sample agreement.)
To download an application for funding consideration, please complete the application
here.
This Grant Agreement (“Agreement”) is entered into as of ____________ (“Commencement Date”) by and between The Board of Trustees
of the University _______________, a _______ not-for-profit corporation (“University”), with principal offices at _______________,
and the NFPA Education and Technology Foundation, an Illinois not-for-profit corporation (“Foundationr”), with principal offices
at 3333 N. Mayfair Road, Milwaukee, Wisconsin.
RECITALS
WHEREAS, the Foundation is committed to supporting programs and research in fluid power, and has established a giving program
(“Giving Program”) in order to achieve the following objectives: (i) actively engage students at all grade levels in learning
about fluid power; (ii) encourage the development of new teaching resources—fluid power laboratories as well as on-line, print
and hands-on instruction tools; (iii) support research in motion control through fluid power at the two-year, four-year and
graduate school levels; and (iv) foster ongoing forums between educators and industry so that ideas and priorities of mutual
interest can be shared and set (collectively, the “Purposes”); and
WHEREAS, the University desires to participate in the Giving Program by receiving a grant from the Foundation, and the Foundation
desires to make a grant to the University pursuant to the Giving Program and the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises hereof and the mutual covenants and agreements contained herein, the parties
hereto agree as follows:
1.
Recitals. The recitals are incorporated herein by reference.
2.
Performance. The University agrees to perform, through the Principal Investigator (as defined below),
and other necessary parties, including, but not limited to its students, faculty and other associates and affiliates, research
in furtherance of the Giving Program’s Purposes pursuant to the terms of that certain proposal, dated _______, a copy of which is
attached hereto as Exhibit A and incorporated herein by reference (the “Research Project”).
3.
Access to Facilities and Data. University agrees to furnish and make available such laboratory facilities
and equipment, faculty, personnel, materials, and services, as are necessary for the work to be done on the Research Project in
accordance with the terms of this Agreement and Exhibit A attached hereto (the “Proposal”). Foundation representatives may visit
University’s facilities at reasonable times and with reasonable frequency during normal business hours to (i) observe the progress
of the Research Project; (ii) review procedures being used by University in performing the work hereunder; and (ii) review, copy
and inspect all materials and other documents prepared or developed during the course of the work being performed.
4.
Principal Investigator.
(a) The Principal Investigator assigned by the University for directing the performance of the Research Project is __________. The
Principal Investigator shall perform or directly oversee the performance of the Research Project pursuant to the terms of this
Agreement and in strict adherence with the Proposal, as the same may be amended from time to time in writing by the University
and the Foundation.
(b) If, for any reason, the Principal Investigator becomes unavailable, the University shall notify the Foundation. If a mutually
acceptable successor is not identified, this Agreement may be terminated immediately by the Foundation. All costs and expenses
incurred by the University to the date of such termination and otherwise allowable hereunder, including obligations to third parties,
to the extent they cannot be cancelled, shall be paid to the University by Foundation.
5.
Term and Termination.
(a) This Agreement shall be effective as of the Commencement Date and continue in full force and effect until
___________, unless earlier terminated as set forth herein.
(b) Any party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other
party. Any party may terminate this Agreement immediately upon the breach by the other party of a material
provision of this Agreement or in the event of the termination of the Giving Program or the Research Project.
(c) In the event the Foundation terminates the Agreement without cause, Foundation shall pay for all direct costs
incurred, and applicable indirect costs incurred, up to and including the effective date of termination, and
for all non-cancelable obligations made before receipt of notice of termination, even though they may extend
beyond such termination date.
(d) In the event the University terminates this Agreement without cause, the Foundation shall pay the University
for all direct costs incurred, and applicable indirect costs incurred, up to and including the effective date
of termination.
(e) In the event this Agreement is terminated for any reason (including cause), the University shall reimburse
Foundation all sums paid by it to the University pursuant to this Agreement that have not been expended.
6.
Rights In Data. All original research, data, methods, and records created in connection with the Research
Project, including the results of the Research Project (collectively, “Project Data”), shall be the property of the
University. Neither the University, the Principal Investigator, or any University researcher or affiliate, shall divulge
or provide copies of the Project Data to any entity or individual outside of the University or Foundation, unless it has
first complied with the prepublication review procedures set forth in Section 7(b) below.
7.
Publication.
(a) University warrants that it shall retain no ownership over any and all copyrightable material which results from the
Research Project, including, but not limited to, the Project Data, and hereby assigns all such ownership rights to
Foundation. Accordingly, Foundation is free to release or publish the Project Data, or other material resulting from
the Research Project, or to use such materials in any way they see fit, in their sole and absolute discretion.
(b) After completion of the Research Project (and/or termination of this Agreement), it is understood that University reserves
the right to publish or otherwise disclose the Project Data. In order to protect potentially patentable subject matter,
the University will provide copies of any and all proposed publications or other materials prepared for presentation of the
Project Data to the Foundation sixty (60) days prior to submitting same for publication or presentation. During such period,
Foundation shall have the right to comment on the proposed publication or materials for presentation, and the University shall
give such comments due consideration. If potentially patentable subject matter is identified, the University agrees to delay
enabling public disclosure of such patentable subject matter for a period not to exceed three (3) months from the date of
Foundation's receipt of the proposed publication or other materials in order to file for statutory protection.
(c) Foundation shall not use the name of the University (except in order to acknowledge or publicize University’s participation
in the Giving Program) in publications, advertising, or for any other commercial purpose without the prior written approval of
the University. The Foundation shall not state or imply in any publication, advertisement, or other medium that any product or
service bearing any of the Foundation’s names or trademarks, and manufactured, sold, or distributed by Foundation, has been
tested, approved, or endorsed by the University.
(d) University shall not use the name of Foundation (except in order to acknowledge or publicize University’s participation in the
Giving Program) in publications, advertising, or for any other commercial purpose without the prior written approval of
Foundation. University shall not state or imply in any publication, advertisement, or other medium that the Project Data, or
any product or service bearing any of the University’s names or trademarks, and published, manufactured, sold, or distributed
by Foundation, has been tested, approved, or endorsed by Foundation or the National Fluid Power Association.
8.
Data and Reports. University shall furnish to Foundation all Project Data, and any other information obtained as a result of
the Research Project, as well as written and periodic in-person reports and presentations regarding the progress of the Research
Project, at all reasonable times upon Foundation’s request. Additionally, University shall make periodic in-person presentations
and reports regarding the progress of the Research Project to the Foundation at the University, at all reasonable times upon
Foundation’s request. Within ninety (90) days following either the completion of the Research Project or termination of this
Agreement (for any reason), the Principal Investigator shall provide Foundation a final technical report detailing the work performed
by the University under this Agreement and the results thereof, and shall present the final technical report and results of the
Research Project to Foundation at an in-person meeting at a mutually acceptable time. All travel expenses associated therewith
shall be the sole responsibility of University. University acknowledges and agrees that Foundation is free to use all such Project
Data and reports as they see fit, in their sole and absolute discretion, including the publication thereof.
9.
Intellectual Property Rights.
(a) The University owns an invention, [Insert Registration/Patent Number], (“Background Intellectual Property") and filed a U.S.
patent application for such invention on _________. The Research Project requires use of this Background Intellectual Property.
Other than filing for the above named patent, the University represents and warrants that it has not disposed of or granted rights
adverse to or inconsistent with the rights herein granted to Foundation.
(b) It is anticipated that work performed under the Research Project may result in improvements to the Background Intellectual Property.
The University will own all new research results and associated intellectual property, but will disclose all research results to
Foundation ("Project Intellectual Property").
(c) In consideration for the funding provided for the Research Project, the University grants Foundation a perpetual, irrevocable,
non-exclusive, royalty-free license to use Project Intellectual Property for any purpose, including commercial purposes, subject to
the restriction specified below in Section 9 (e), without further obligation to the University.
(d) In addition, if the Background Intellectual Property is required in order to use the Project Intellectual Property, then the University
also grants Foundation a perpetual, irrevocable, non-exclusive, royalty-free license to use the Background Intellectual Property
solely in connection with the use of the Project Intellectual Property, which use shall include, without limitation, commercial
purposes, subject to the restriction specified below in Section 9 (e), without further obligation to the University.
(e) Foundation has the right to sublicense both the Project Intellectual Property and the Background Intellectual Property to third
parties.
(f) The University has no obligation, and makes no commitment, to Foundation to continue patent prosecution for the Background
Intellectual Property, or to pursue patent protection for Project Intellectual Property, using University funds. However, in the
event that Foundation desires patent protection, the University shall pursue statutory protection in the University's name, at
the sole expense of Foundation for such protection, pursuant to the terms of a written agreement to be entered into between the
parties which shall be negotiated in good faith.
(g) In the event patent(s) issue, the University will not grant options or licenses for exclusive rights to Background Intellectual
Property or Project Intellectual Property to Foundation, or to any third party, provided, however, the University will be free
to non¬exclusively license such patent(s) to third parties without obligation to the Foundation.
(h) The University has no obligation or commitment to the Foundation to defend or enforce any issued patents.
10.
Representations and Warranties. University represents and warrants that all information contained in its Grant Application, a
copy of which is attached hereto, is true and correct. University further represents and warrants that all grant money received
pursuant to this Agreement will be used to further one or more of the Giving Program’s Purposes and in accordance with the terms
of this Agreement.
11.
Grant. Pursuant to the Giving Program, the Foundation agrees to make a one-time grant to the University in the amount of $_______
to be used exclusively for the performance of the Research Project pursuant to the terms of this Agreement. Payments are to be
made in accordance with the following schedule:
(a) Upon execution $_________;
(b) Thereafter, as follows:
(i) [Monthly] [Quarterly] payments of $_________, beginning ________, with the last payment to be made on ___________________.
Payments shall be by check payable to the University of ____________, and mailed to:
University of ____________ (Payee)
__________________________
__________________________
__________________________
The University shall endeavor to perform the Research Project within the funding provided by the Foundation, provided, however, the
University is not obligated to expend any other funds on this work, and the Foundation is not obligated to pay the University in excess
of the stated amount.
12.
Fiscal Management. The University shall maintain complete and accurate accounting records in accordance with accepted accounting
practices for institutions of higher education. These records shall be available for inspection, review, and audit at reasonable times
by the Foundation, or its duly authorized representative, at Foundation's expense, for five (5) years following the end of the
University's fiscal year (July 1-June 30) in which such costs are incurred. The funds provided by the Foundation shall be applied
to the direct and indirect costs of the Research Project. Indirect costs shall be assessed at the applicable rate(s) in effect at
the time direct costs are incurred. Title to equipment and all other items purchased with funds provided by the Foundation shall be
titled to and remain with the University.
13.
Warranties/Release.
(a) THE UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING ITS PERFORMANCE UNDER THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, THE MARKETABILITY, USE OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE RESEARCH RESULTS DEVELOPED
UNDER THE RESEARCH PROJECT. Further, it is understood University shall not be liable for special, consequential, or incidental
damages, as a result of Foundation's use of the final technical report and the results contained therein provided by the
University.
(b) Foundation agrees to release the University and its employees, and agents from, and agrees to be responsible for, any and all
costs, damages, and expenses, including attorney's fees, arising from any claims, damages, and liabilities asserted by third parties
which are not due to the negligence of University and arising from Foundation's use of the results of the research developed by the
University under the Research Project.
(c) University agrees to release Foundation, and its directors, members, employees, and agents from, and agrees to be responsible
for, any and all costs, damages, and expenses, including attorney's fees, arising from any claims, damages, and liabilities
asserted by third parties due to the negligence of University and arising from the Foundation's use of the Project Data or other
results of the research developed under the Research Project.
14.
Amendments. This Agreement may be amended only by the mutual written agreement of the parties.
15.
Assignments. This Agreement may not be assigned by either party without the prior written consent of the other.
16.
Relationship Of Parties. The relationship of the parties created hereby shall be that of independent contractor and not as
partners, joint venturers or agents.
17.
Governing Law. This Agreement is to be governed by and construed in accordance with the laws of the State of Illinois, exclusive
of choice of law provisions.
18.
Venue and Jurisdiction. The parties hereto irrevocably agree that all actions or proceedings in any way, manner or respect,
arising out of or related to this Agreement shall be located only in courts having situs in the City of Chicago, Illinois.
Each party hereby consents and submits to personal jurisdiction in the State of Illinois and waives any right such part may
have to transfer the venue of any such action or proceeding.
19.
Entire Agreement. This Agreement, including the attached Exhibits, represents the entire agreement of the parties, and expressly
supersedes and cancels any prior oral or written agreements between the parties on the subjects herein.
20.
Severability. If any provision of this Agreement is found to be invalid under applicable law, it shall be omitted without
affecting the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
21.
Notices. All notices shall be in writing and effective upon receipt. Notices shall be sent to the following addresses:
University:
University of _______________
Attn: _____________________
_________________________
_________________________
Foundation:
NFPA Education and Technology Foundation
Attn: Eric Lanke
3333 N. Mayfair Road, Suite 211
Milwaukee, Wisconsin 53222-3219
22.
Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original and all of
which, when taken together, shall be considered a single agreement.
Signature page to follow
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF _____________________________________________
By: ________________________________________________
Its: ________________________________________________
NFPA EDUCATION AND TECHNOLOGY FOUNDATION
By: ________________________________________________
Eric Lanke
Its: ________________________________________________
Executive Director
Merits of the project—its goals and objectives: (choose one)
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The goals and objectives of this project are meritorious in every respect.
Its goals and objectives make this a qualified project.
This project appears to be somewhat satisfactory.
This project is lacking in one or more critical respects.
This project has serious deficiencies.
Relevance and importance of the project to fluid power technology: (choose one)
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The proposed project is of the highest relevance and importance to fluid power technology.
The proposed project is very relevant and important to fluid power technology.
The proposed project is somewhat relevant and important to fluid power technology.
The proposed project is lacking in either/both short/long-term relevance and importance to fluid power technology.
The proposed project is of little or no relevance and importance to fluid power technology.
Project budget/need for support (choose one)
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The proposed budget provides detailed information; support from NFPA will be used wisely in meeting project objectives.
The proposed budget provides sufficient detail; support from NFPA appears to be needed to meet project needs.
The proposed budget is adequate; the requested amount of support from NFPA Is within an acceptable range based on project needs.
This request for support and/or budget is lacking in one or more key areas.
This request for support and/or budget is unreasonable, inadequate and/or incomplete.
Student involvement (choose one)
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
Plans for student involvement are exemplary; the project will lead to many opportunities for meaningful involvement.
Students will be involved in a sufficient number of meaningful activities.
Plans for student involvement should be developed further.
Plans for student involvement are inadequate in one or more respects.
Plans for student involvement are unsatisfactory.
Evaluation measures (choose one)
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The project will be effectively evaluated, both externally (by contest judges, project reviewers, and/or industry observers, etc.) and internally (by students and teachers)
Plans for evaluation, both internal and external, appear to be satisfactory.
Evaluation measures are barely adequate.
Evaluation measures are lacking in one or more critical respects.
Evaluation measures are seriously deficient.
The project’s multiplier effect (choose one) – GIFTS ONLY
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
This project clearly has a multiplier-effect, and will almost certainly impact students and teachers beyond the bounds of the current activity.
This project has the potential to effectively impact students and teachers once the project is complete.
With guidance, this project could be adapted to have a longer-term impact.
It is unlikely that this project will have any impact beyond its current parameters.
This project will have no long-term impact.
Suitability of researcher and his/her knowledge of prior work relevant to the project (choose one) – GRANTS ONLY
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The researcher’s qualifications and knowledge of related work make him/her ideally suited to lead the proposed project.
The researcher’s qualifications and knowledge of related work make him/her well prepared to lead the proposed project.
The researcher’s qualifications and knowledge of related work make him/her adequately prepared to lead the proposed project.
The researcher’s qualifications and knowledge of related work are not clearly well suited to lead the proposed project. Request for further information in the following areas: _________________________________________________________________________
The researcher’s qualifications and knowledge of related work appear to be ill suited to lead the proposed project.
Probability of successful outcomes (choose one) – GRANTS ONLY
__ = 5
__ = 4
__ = 3
__ = 2
__ = 1
The proposed project is almost certain to be successful in the eyes of the research, students and supporters.
The proposed project is likely to be successful in the eyes of the research, students and supporters.
The proposed project could succeed if the following modifications were made:
__________________________________________________________________________
The proposed project could succeed only if:
__________________________________________________________________________
The proposed project has little or no chance of succeeding because:
__________________________________________________________________________
____ Total of evaluation on all six measures: merit, relevance, budget, level of student involvement, plans for evaluation, and potential for a multiplier effect.
(enter total score from above)
Additional Considerations:
Please indicate the type of company that would most likely be interested in funding this project (i.e., valve, pump, cylinder, etc.):
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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