HomeMy WebLinkAboutOGLE FOUNDATION FOR NACHAND FIELDHOUSE TO: PARKS AUTHORITY BOARD - CITY OF JEFFERSONVILLE
RE: CONDITIONS OF THE PAUL OGLE FOUNDATION, INC. FOR MAKING
GRANT AND RECIPIENT'S AGREEMENT TO SAID CONDITIONS
GRANT: $300,000
GRANT PERIOD: 2018
PAYMENT(s): ON OR AROUND DECEMBER 14, 2018
The funds awarded by the Foundation must be used for the specific purpose stated
below. Use for any other purpose is unauthorized and will subject the recipient to a
refund claim by the Foundation. The Grant awarded herein must be used as follows:
SUMMARY ON PURPOSE OF GRANT AND CONDITIONS
THE OGLE FOUNDATION OFFERS THE PARKS AUTHORITY
BOARD OF JEFFERSONVILLE INDIANA A MATCHING GRANT
OPPORTUNITY IN THE AMOUT OF $300,000 FOR THE REPAIRS &
RENOVATION OF THE NACHAND FIELDHOUSE. THIS MATCH
WILL BE PAID UPON RAISING $1.5 MIILLON; SEE THE
FOLLOWING PAGES FOR THE FULL GRANT CONDITIONS FOR
WHICH THIS MATCHING GRANT WILL BE ADMINISTERED.
This statement of Conditions sets forth the terms and conditions upon which the
Grant is made. Under the laws of the United States applicable to Foundations, all grants
(including this one) must be expended solely for religious, charitable, scientific, literary,
or educational purposes. Thus, the Grant is made only for such purposes and is further
limited to the above-referenced purpose and approved Grant application on file at the
Foundation. The laws of the United States applicable to Foundations also require that
certain reporting and record keeping requirements be imposed upon grant recipients.
Thus, the Grant is subject to the restrictions enumerated below, and is made upon the
condition that Grantee comply with the reporting and record keeping requirements
enumerated below. The conditions and restrictions stated herein are made in compliance
with the applicable provisions of the Internal Revenue Code and Regulations as they
pertain to Private Foundations.
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SPECIFIC GRANT CONDITIONS
Grantee agrees to the following conditions specific to the awarding of this Grant and
supersede any of the GENERAL GRANT CONDITIONS listed below if there is a conflict
between the two:
1. GRANT/MATCHING GRANT:
(a) THIS IS A ONE-TIME $300,000 MATCHING GRANT OPPORTUNITY FOR
THE RENOVATION OF THE NACHAND FIELDHOUSE IN
JEFFERSONVILLE AND MAINTAINED BY BOTH THE PARKS
AUTHORITY BOARD OF THE CITY OF JEFFERSONVILLE AND THE
GREATER CLARK COUNTY SCHOOL SYSTEM
(b) THE CITY/PARKS AUTHORITY MUST RAISE $1.5 MILLION BY NO
LATER THAN DECEMBER 1, 2018 AND PROVIDE THE FOUNDATION
PROPER DOCUMENTATION (DEFINED IN THE NEXT SECTION) AT
LEAST 45 DAYS PRIOR TO THAT DATE FOR VERIFICATION PURPOSES
BEFORE OGLE WILL MAKE PAYMENT IN FULL AS COMMITTED.
(c) OGLE FOUNDATION ONLY COUNTS CASH DONATIONS TOWARDS
THAT MATCHING GRANT FIGURE. WHILE THERE WAS "NO IN-
KIND DONATIONS" PERMITTED TO BE COUNTED TOWARDS THE
$1.5 MILLION GOAL; THIS UPDATED AGREEMENT WILL PERMIT THE
THE ADDITION OF AN ESTIMATED $450,000 IN HVAC UPDATES BY
THE SCHOOL SYSTEM TO BE COUNTED THIS ONE -TIME ONLY.
(d) ANY LONG-TERM PLEDGE PAYOUTS (LONGER THAN A YEAR)
SHOULD BE PAID WITHIN THREE YEARS OF THE OFFICIAL CLOSING
OF THE CAPITAL CAMPAIGN OR THOSE FUNDS SHOULD BE
EXCLUDED FROM THE $1.5 MILLION MATCH CALCULATIONS.
(e) OGLE FOUNDATION WISHES THAT IT NOT HAVE ITS NAME ON THE
FLOOR OF THE GYM AS PER THE "LEVEL" OF DONATION PERMITS.
WE GRANT THE PARKS AUTHORITY TO UTILIZE THAT PREMIUM SO
LONG AS IT WILL MAXIMIZE IT TO BRING IN THE HIGHEST LEVEL
OF ADDITIONAL FUNDS FOR THE CAPITAL CAMPAIGN. A SIMPLE
PLAQUE ALONG WITH OTHERS ACKNOWLEDGING OGLE'S
DONATION WILL SUFFICE.
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2. PAYMENT SCHEDULE:
(a) NUMBER OF PAYMENTS: ONE
(b) DISPERSAL DATES: ON OR AROUND DECEMBER 14, 2018.
3. REPORTING REQUIREMENTS:
(a) BEYOND THE NORMAL REPORTING REQUIREMENTS FOUND IN
SECTION THREE OF THIS DOCUMENT, THE FOUNDATION REQUIRES
IT BE PROVIDED A LIST OF DONORS/FUNDERS UPON CAMPAIGN
CLOSURE AND PAYMENT. THIS REPORT SHOULD AT A MINIMUM
CONTAIN THE FOLLOWING DATA POINTS:
(i) THE NAME(S) OF THE INDIVIDUALS AND/OR
ORGANIZATIONS, THE AMOUNT PLEDGED AND TIME
FOR PAYMENT OF THE PLEDGE (IMMEDIATE OR OVER X
YEARS)
(ii) ANONYMOUS DONORS CAN BE DENOTED AS SUCH
(iii) LIST INDIVIDUALLY ALL PLEDGED AMOUNTS OVER
$5,000 AND ABOVE. LIST SMALLER AMOUNTS
COMBINED IN AN "OTHER" CATEGORY BUT PLEASE
DENOTE THE NUMBER OF THOSE OF DONORS THAT
FALL IN THAT "OTHER" CATEGORY
(iv) SEPARATELY, WE WOULD LIKE A REPORT ON HOW THE
PARKS AUTHORITY WAS ABLE TO USE THE "FLOOR
NAMING" PREMIUM OFFER AND MAXIMIZED ITS USE
FOR ADDITIONAL FUNDS TOWARDS THE CAMPAIGN.
(b) IF THE PARKS AUTHORITY SEEKS PAYMENT WITH THE OFFICIAL
DECEMBER 15, 2018 DATE, THIS REPORT NEEDS TO BE IN THE OGLE
FOUNDATION FOR VERIFICATION AT LEAST 30 DAYS AND NO
MORE THAN 45 DAYS PRIOR. IF YOU ARE SEEKING AN EARLIER
PAYMENT DATE THAN THE ONE SET IN THIS AGREEMENT, YOU
MUST SEND IT TO THE FOUNDATION AT LEAST 60 DAYS IN
ADVANCE OF OUR NORMAL MID-JUNE OR DECEMBER PAYOUTS.
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4. MISCELLANEOUS ITEMS:
(a) REPEAT...IT IS OUR WISH NOT TO UTILIZE OGLE'S NAME ON THE
FLOOR FOR COMING IN AT THIS "LEVEL". A PLAQUE
RECOGNIZING OGLE AND OTHERS WILL SUFFICE. WE DO INSIST
THAT THE PARKS AUTHORITY REUSE THAT PREMIUM LEVEL
OPTION TO RAISE MORE MONEY OR BE CREATIVE IN HOW IT IS
USED SO LONG AS IT WILL MAXIMIZE ITS RETURN FOR THE
OVERALL CAMPAIGN. WE SOLELY WISH THAT IT BE USED TO
RAISE THE MOST IN ADDITIONAL FUNDS, OTHERWISE WE'D SIMPLY
WISH TO SEE IT LEFT BLANK WITH THE FIELDHOUSE NAME ALONE!
GENERAL GRANT CONDITIONS
Grantee agrees to the following GENERAL GRANT CONDITIONS:
1. ORGANIZATIONAL TAX STATUS: In order to receive funds from the Paul Ogle
Foundation, Inc., the Grantee organization must have received a ruling from the
Internal Revenue Service confirming that the organization is exempt from federal
income tax under section 501(c)(3) of the Internal Revenue Code and that the
organization is not a private foundation or Type III supporting organization as
defined in section 509(a) of the Internal Revenue Code. In the event there is any
change in the Grantee organization's tax exempt status, the organization will
immediately notify the Paul Ogle Foundation.
2. PROJECT/PROGRAM OR ORGANIZATIONAL CHANGES: Any significant
changes, additions or deletions to any part of the program goals, objectives,
activities, outcomes, timetable or budget as originally approved must be requested
in writing by the organization and approval, if given, will be indicated in writing
by the Paul Ogle Foundation. The Grantee organization will notify the Paul Ogle
Foundation if there is a change in key personnel essential to the ongoing
administration of the organization or program. If there is any question as to the
significance of a particular change, please contact the Paul Ogle Foundation.
3. REPORTS: The Paul Ogle Foundation expects that Grantee organization remain in
contact with Foundation on a regular basis as to the use of Grant funds over the
designated Grant period. However, the following are mandatory reports required
over the life of the Grant period or the Grant could be placed in jeopardy and
subject to termination.
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(a) Interim Reports—If the Grant funds are not expended within one year as
with multi-year awards. after their receipt, the Grantee, within 30 days
following that 12-month period, must submit a full and complete report
detailing:
(i) The progress made in accomplishing the purposes of the
Grant during that 12-month period; and
(ii) The reason the Grantee was unable to comply with this 12-
month requirement for the expenditure of the entire Grant if
applicable.
(iii) In the case where the Grant period has expired and the
project/program not completed per the Grant Application,
included with this interim report must be a request for the
continuation of the Grant for a specific additional amount of
time. If this request is approved by the Directors, Grantee
must continue to submit updates of this report every 90 days.
If this request is not approved, Grantee must be prepared to
return to the Foundation the amount up to the initial grant.
(b) Program/Project Completion Report—Within 90 days after completion of
the use of the Grant funds, Grantee shall make a final report detailing all
expenditures made with these funds and indicating the progress made
toward the overall goals of the Grant.
(c) Final Report—In the subsequent year after expenditure of the Grant, the
Grantee must also submit a final brief report on its project, including
statistics on utilization of the program or facility and an overview of the
mission which has been accomplished with the assistance of these funds.
4. ACCOUNTING &AUDITING RECORDS: Grantee shall maintain its books and
records in such manner that the grant funds will be shown separately on Grantee's
books and that the expenditures made in furtherance of the Grant purposes will be
shown as charged against the Grant, and shall maintain records of such funds in
such a form as to be checked readily. Grantee shall keep the records of the
expenditures, as well as copies of the reports submitted to the Foundation, for at
least four (4) years after the completion of the use of the Grant funds. Grantee
shall make its books and records available to the Foundation for inspection at
reasonable times.
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5. PROHIBITED GRANT USES: Grantee shall not use any of the Grant funds:
(a) To carry on propaganda, or otherwise attempt to influence legislation;
(b) To influence the outcome of any specific public election or to carry on,
directly or indirectly, any voter registration drive;
(c) For any grant to an individual for travel, study or other similar purposes by
the individual (unless the grant satisfies the requirements of§4945(g) of the
Internal Revenue Code of 1954), or for a grant to an organization (other than
a publicly supported organization as described in paragraphs (1), (2) or (3)
of§509(a) of the Internal Revenue Code of 1954) unless Grantee exercises
expenditure responsibility with respect to such grant; or
(d) For any purpose other than religious, charitable, scientific, literary, or
educational.
6. TERMINATION AND REPAYMENT OF GRANT: The following conditions apply
in the event that the Paul Ogle Foundation, Inc. must terminate and seek
repayment of all Grant funding to Grantee organization.
(a) The Paul Ogle Foundation retains the right to terminate the grant at any
time if the organization ceases to be exempt from federal income tax as a
501(c)(3) organization.
(b) The Paul Ogle Foundation further retains the right to terminate this grant at
its sole discretion if it determines that the organization has made any
misrepresentation or misappropriated grant funds; or if it judges the
organization to be unable to carry out the purposes of the grant, ceases to be
an appropriate organization to carry out the purposes of the grant, or fails
to comply with any of the conditions or terms of the grant.
(c) Should termination of the grant occur for any reason, the organization will
provide the Paul Ogle Foundation within thirty days from the date of the
termination with a full accounting of the receipt and disbursement of funds
and expenditures incurred under the grant through the effective date of
termination.
(d) Grantee shall repay any portion of the amount granted which is not used
for the purpose of the Grant and shall also expect to repay any portion,
including any earnings, which are not expended by the Grantee for the
purposes of this Grant within one year of the date of our payment. Such
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repayment shall be made by Grantee immediately after receipt of
Foundation's demand therefore.
7. PUBLICATION OF GRANT AWARD: No plaques or other forms of recognition
will be installed in, on, or about buildings, etc., unless prior consent has been
obtained or unless requested by The Paul Ogle Foundation, Inc.
8. GRANT APPLICATION RESTRICTION: Applicants may apply for grant funds
only once in 36 months. Therefore, if an application is either granted or denied,
that applicant will not be considered for grant funding for the next three (3) years
and new grant applications will be denied. The organization can reapply for a
grant from the Paul Ogle Foundation beginning in the third calendar year from the
year of the first Grant payment or letter of declination of Grant request.
9. INDIANA LAW: The law of the state of Indiana exclusively shall govern and
apply to all legal proceedings pertaining to the Agreement, or otherwise
concerning the subject matter of this Agreement, and under no circumstance shall
reference be made to the law of any other jurisdiction for any purpose. This
Agreement shall be deemed to be entered into and formed in Indiana and shall
become effective when the Paul Ogle Foundation executes a copy of this
instrument, bearing the Grantee's signature, at the offices of the Foundation in
(Jeffersonville, IN). All legal proceedings pertaining to the Agreement, or
otherwise concerning the subject matter of this Agreement, shall be heard
exclusively in the state or federal courts with subject matter jurisdiction sitting in
Indiana. By execution of this Agreement, the Grantee submits to the personal
jurisdiction and venue of such courts for such purposes.
10. US PATRIOT ACT: The USA Patriot Act of 2001 and other federal laws and
regulations and executive orders administered by the U.S. Treasury Department's
Office of Foreign Assets Control (OFAC) prohibit, among other things, the
engagement in transactions with, and the provision of services to, certain foreign
countries, territories, entities and individuals. The organization warrants and
represents that as of the date of application through the term of the grant award,
none of the following is a country, territory, individual or entity named on the
OFAC lists of Sanctioned Countries or Specially Designated Nationals: grantee
organization; any person or entity controlling or controlled by grantee
organization; any person or entity having a beneficial interest in grantee
organization, or any person or entity for whom grantee organization is acting as
agent or nominee in connection with this transaction. The organization
understands and agrees that any violation of this paragraph will be grounds for
immediate termination of the grant.
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If the foregoing correctly sets forth your understanding of the terms and
conditions under which this Grant is being made, please initial each page of the
Agreement and sign both of the enclosed copies and return one copy to the Paul Ogle
Foundation, Inc., and it will constitute our agreement with respect to the subject matter
thereof. Upon receipt of a properly executed copy, the Foundation will forward funds
pursuant to the terms of the Grant, as shown on page one of these Conditions.
PAUL OGLE FOUNDATION, INC.
By: Jr' �� ,'
ent W. Lanum, President & CEO
FOR GRANT RECIPIENT:
The foregoing Conditions are accepted and agreed to this 2Z day of(-4, , 2018.
CITY OF JEFFERSONVILLE-PARKS
AUTHORITY BOARD
By: 17;14 1.)41A/
Title:
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