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HomeMy WebLinkAboutEXHIBIT2455 Paces Ferry Road. NW. Bldg C-17. Atlanta. Georgia 30339 toll free: 866-593-7019. toll free fax: 866-593-7027. HomeDepotFoundation.org FOUNDATION Grant No. 7387 Grant Authorization Date 5/30/2008 Grant Report Due Date 6/30/2010 The Horne Depot Foundation Grant Agreement Mr. David Cornell Director of Development Dade Community Foundation 200 South Biscayne Blvd Suite 505 Miami, FL 33131 Dear Mr. Cornell: ORIGINAL The Home Depot Foundation (the "Foundation") is pleased to approve a grant to the Dade Community Foundation ("Grantee") in the amount of $1 ,000,000 (the "Grant") over two years for the Miami Green Lab Renovation and the Green Miami Campaign (the "Program"). In order to receive your Grant, we ask that you complete this Grant Agreement (the "Agreement"). Please sign both copies of the Agreement, return one copy to the Foundation with a copy of your 501 (c)(3) letter, and retain the other copy for your files. Payment of the Grant is contingent upon the Foundation's receipt of a signed copy of this Agreement and a copy of Grantee's 501 (c)(3) letter and Grantee's compliance with the terms of this Agreement. Your signature on this Agreement acknowledges your acceptance of the following terms of this Grant: 1. Funds paid to Grantee pursuant to the Grant and any income earned thereon, shall be used exclusively for the Program. During the grant period, the organization intends to achieve the following outcomes with regard to the Program: A. $250,000 of this grant is to be used to advance the environmental initiative of the Green Miami Campaign by planting 1,000 trees in urban areas within the City of Miami, targeting neighborhoods with the lowest tree canopy; and B. $750,000 of this grant is to be used to renovate a city owned building for adaptive use for the Miami Green Lab to meet LEED Silver certification. The Miami Green Lab will serve as an educational center and model to serve the south Florida community by providing resources in environmental best practices and sustainability. The -specific charitable purposes -of are -set -forth -more fully in -Grantee's---------- grant proposal to Foundation and the related budgets, documents, and correspondence between the Foundation and the Grantee, to the extent approved by the Foundation, and all such documents are incorporated herein by reference. Grantee agrees that neither the purposes for which the Grant may be expended nor 61'0' 44.13' the manner in which the Grant may be used will be amended without the prior written consent of the Foundation. This grant is made for the period May 30,2008 to June 30, 2010. 2. All Grant funds must be used exclusively for charitable purposes in accordance with all applicable federal and state laws, rulings and regulations. If any law, ruling or regulation now or hereafter in effect shall render any provision of this Agreement void, unenforceable or unlawful, either party may terminate this Agreement immediately by providing written notice to the other party. Immediately upon such termination, all disbursements or expenditures of the Grant funds shall cease and Grantee shall return any unexpended portion of the Grant to the Foundation. 3. Grant funds and any interest earned thereon shall not be used: A. To carry on propaganda, or otherwise to attempt to influence legislation (within the meaning of section 501 (c) (3) of the Internal Revenue Code of 1986, as amended (the "Code"); B. To participate or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office (within the meaning of section 501 (c) (3) of the Code ); C. Making a "taxable expenditure" described in section 501 (c) (3) of the code or; D. To make any grants to individuals or organizations (unless approved in writing by the Foundation). 4. Grantee shall maintain separate records of receipts and expenditures of Grant funds and make books, records and personnel available to the Foundation and its agents at reasonable times. The Foundation may, at its own expense, monitor or evaluate the use of Grant funds through various methods, including but not limited to site visits, conferences with your staff, third party evaluations, examination of books and records, etc. Grantee agrees to cooperate with the Foundation with regard to any such monitoring or evaluation. 5. This Agreement shall terminate immediately, the Foundation shall have no obligation to disburse any additional amounts payable under the Grant, all further disbursements or expenditures of the Grant by Grantee shall cease, and Grantee shall immediately return any unexpended portion of the Grant to the Foundation if Grantee ceases to be recognized by the Internal Revenue Service as an organization exempt from taxation under section 501 (c)(3) of the Code. Any organizational or operational changes by Grantee that reasonably could be expected to affect the exempt status of Grantee under section 501 (c)(3) of the Code must be reported to the Foundation in writing immediately, and the Foundation, in its sole discretion, shall have the right to terminate this Agreement immediately upon such notice and shall thereafter have no further obligations to Grantee hereunder. 6. Notwithstanding anything stated herein, this Agreement shall terminate and all further disbursements or expenditures of the Grant by Grantee shall cease if any of the facts contained in Grantee's grant proposal cease to be correct and accurate or if Grantee fails to perform any of the requirements of this Agreement. In such event, Grantee shall immediately return any unexpended portion of the Grant to the Foundation, and the Foundation shall have no obligation to disburse any additional amounts payable under the Grant, regardless of any claimed adverse effect on the programs or operations of the Grantee. 7. Grantee will notify the Foundation immediately in the event that any of the following occur: A. The Grantee is unable to use any portion of the Grant funds for the intended purposes; B. The Grantee is unable to comply with any of the terms of this Agreement; or C. Any Grant funds are used in a manner inconsistent with the terms of this Agreement. 8. Public announcements of the Grant may be made by the Grantee and the Foundation. The Foundation's consent is required prior to the distribution of any such announcements, including press releases or media alerts. Copies of such materials should be submitted to the Foundation at least fourteen (14) business days before such public announcement is to be released. Any written materials printed with funds from the Grant should acknowledge the support of the Foundation. Grantee will provide the Foundation with prior written notice of any reference to the Foundation in its written materials, and will give the Foundation an opportunity to approve any such references, such approval not to be unreasonably withheld. Copies of all such materials should be submitted to the Foundation at least fourteen (14) days before such approval is required to be received, and final copies of such written materials must be included with Grantee's next written report to the Foundation. All public announcements or printed materials must comply with the requirements for use of the Foundation's name and logos as specified in the Foundation's Communications Kit, a copy of which will be provided to you with the first Grant payment. 9. Grantee shall submit a full and complete written report to Foundation, in the format outlined on our website under the Grantee Requirements link, which shall include information regarding the degree to which Granteeachieved the outcomes specifically set forth in Section 1 hereof. This report shall be due no later than the grant report due date set forth on page one of this grant agreement. Grantee agrees that the Foundation shall have no obligation to make a disbursement of any Grant funds so long as a written report due pursuant to this Agreement has not been received by the Foundation in a form acceptable to the Foundation in its sole discretion. Grantee's reporting obligation to the Foundation shall survive the termination of this Agreement, regardless of the reason therefore. 10. 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. 11. No part of the Grant funds shall be paid to any official of the Foundation, The Home Depot or any affiliate thereof, and Grantee acknowledges that no gifts or services were or will be rendered to the Foundation, The Home Depot or any affiliate thereof, or any official of any of these organizations in exchange for this Grant. 12. The undersigned declares that Grantee operates in accordance with the Foundation's non-discrimination policy and does not discriminate against any person or group on the basis of age, political affiliation, race, national origin, ethnicity, disability, sexual orientation, or religious belief. 13. The Foundation reserves the right, in its sole discretion: A. To withhold any payments provided for under this Grant, to recover from the Grantee any unexpended Grant funds, and, if the terms of this Agreement are violated by Grantee, to require restitution by the Grantee of any previously expended Grant funds; B. To require the Grantee to take reasonable precautions to prevent any diversion of Grant funds; and c. To withhold any applicable taxes from any Grant payments. 14. This Agreement is personal among the parties hereto and shall not be assignable by any party or transferable by operation of law or otherwise. 15. Grant payments shall be as follows: . $500,000 upon execution of grant agreement . $500,000 in March 2009 upon submission of an acceptable interim report demonstrating project progress Sincerely, 'resid =" t The Ho e•ot Foundatib Agreement of Grantee: - - 3-U8 Date —4, o /9,62> Gra 'ee's President or Board Chair Date Grantee's Executive Director Date