Community Impact Grant Agreement

Grant Number: 15090

 

Grantee:                Rural Action Inc

Project Title:         New Straitsville Community Garden

Grant Amount:    $4,000

Date:                      4/11/2012

 

1. In support of charitable purposes, and as detailed in your project description of the original grant application for the above reference project (Project).

 

Payments received by the Grantee from The Home Depot Foundation (THDF) may be expended only for the purposes outlined in the approved scope of work, subject to any special conditions itemized below.  No other uses are authorized without the express, written consent of The Home Depot Foundation.

 

1. The agreement shall be effective 3/1/2012 and will be completed no later than 9/1/2012.

 

1. Grantee agrees that none of the funds covered by this Agreement shall be used to participate in, or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office.  If the project involves any lobbying activities, as defined by the Internal Revenue Code of 1986 (the Code), the Grantee represents that 1) this grant is not earmarked for any lobbying activities and 2) the amount of this grant, together with any other grants by THDF for the same project for the same year, does not exceed the amount budgeted (if any) for the year of the grant, by the Grantee for non-lobbying activities.

 

1. If the Grantee is currently tax exempt under Code Section 501(c)(3) , then in the event Grantee loses its tax exempt status, this Agreement will be considered null and void and all unexpended funds will be immediately returned to THDF.

 

1. The Grantee agrees to immediately notify The Home Depot Foundation, in writing, if: 1) Grantee’s federal tax status is revoked or altered; 2) Grantee has reasonable grounds to believe its tax exempt status may be revoked or altered; or 3) has reason to believe that the grant monies cannot be or continue to be expended for the specified purposes.  If grant funds cannot be expended for the originally awarded purpose, unspent portion must be returned to THDF.

 

1. The Grantee shall indemnify and hold the Home Depot Foundation, its directors, officers, employees, consultants, representatives and agents harmless from and against all third party claims, liabilities, suits, demands, losses, judgments, fines, penalties, interest, expenses and costs (including, without limitation reasonable accounting and attorney’s fees and disbursements) which result from any breach of the terms of this Agreement, or from any negligent acts or omissions of the Grantee, its directors, officers, employees, consultants, representatives and agents relating to or in any way connected with, activities pursuant to this Agreement.

 

1. The Grantee will cooperate with The Home Depot Foundation in supplying any information or complying with any procedures which might be required by any governmental agency in order for THDF to establish the fact that it has observed all requirements of the law with respect to this grant.

 

1. THDF may monitor and conduct formal evaluations of operations under this grant, which may include a visit from THDF personnel to observe your projects and programs and to review financial and other records and materials connected with activities supported by this grant.  The Grantee agrees to keep accurate and complete books and records of receipts and expenditures using grant funds for at least four (4) years after the completion of use of the grant funds and will make these books and records available to THDF for inspection as reasonably required from the time of the Grantee’s acceptance.

 

1.  A Final Report is required within 30 days of the end of the grant terms. Grantee agrees to submit the final report using THDF’s online format accessible at https://www.grantrequest.com/SID_248.

 

1. Funding for this grant will be paid exclusively in The Home Depot gift cards and in one disbursement, upon execution of this agreement.  Lost or stolen gift cards will not be reissued.

 

It is anticipated that the grant will be paid in accordance with the disbursement schedule noted in this section.  However, in the case of a multi-year grant or other grant payable in installments, the payment of each installment shall be additionally subject to a determination by THDF, in its sole and absolute discretion, that i) Grantee has provided the deliverables requested by THDF in a timely manner; ii) payments received from THDF have been used solely for the purposes for which they were authorized; iii) additional payments shall be used solely for the purposes for which they are authorized; iv) Grantee has otherwise strictly complied with the terms and conditions of this Agreement; v) there have been no material changes in the Grantee’s operations, staffing or funding which would adversely affect the objectives for which the Grant was authorized; and vi) the context in which the Project is to be executed has not been changed so substantially that the objectives for which the funds were authorized cannot be adequately realized.

 

1. Grantee agrees to use its best efforts to comply with all applicable requirements of the USA Patriot Act and Executive Order 13224, and all subsequently enacted legislation, executive orders, or regulations, designed to prevent any Grant funds from being used in support of terrorism or a terrorist organization.

 

1. The Grantee acknowledges that none of the activities financed by the grant violates U.S. laws that prohibit corrupt payments to foreign officials for the purpose of obtaining or keeping business and that The Home Depot Foundation has not authorized any activity that would constitute such payments.  The Grantee will use reasonable efforts to ensure that grant funds are not used to make corrupt payments to foreign officials for the purpose of obtaining or keeping business.

 

1. All press releases, manuscripts, papers, exhibits or interviews prepared for scientific meetings, the public or private press, magazines, periodicals, radio, television or other means of communication dealing with the activities or achievement of the work of the grant shall acknowledge The Home Depot Foundation’s support.  All such material shall be submitted to The Home Depot Foundation for written approval prior to use.

 

1.  Either party may terminate this grant upon thirty (30) days written notice to the other.

 

1.  This Agreement constitutes the entire understanding of THDF and the Grantee with respect to the subject matter, and supersedes all prior agreements and understandings, whether oral or written.  This Agreement may not be amended or modified except in writing and signed by THDF.  This Agreement shall be deemed to be made under, and in all respects, interpreted under and governed by the laws of the State of Georgia.

 

 

The undersigned duly authorized official of the Grantee agrees to these terms and conditions:

 

For the Home Depot Foundation:                   

 

 

___________________________________________

Foundation Manager

 

_____________________

Date

 

 

 

For the Grantee:

 

 

___________________________________________

Executive Director

 

______________________

Date