1. Use of Funds These grant funds may be used only for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). No portion of this grant is earmarked for use in carrying on propaganda or otherwise attempting to influence legislation. You may not use any portion of the funds to participate in any political campaign on behalf of or in opposition to any candidate for public office, to make grants to individuals on a non-objective basis, or for any other non-charitable purpose. You may not use the grant funds for purposes different from those set forth in the Grant Application and this Grant Agreement without first notifying and obtaining the consent of the Southwest Initiative Foundation (the “Foundation”). Expenses charged against this grant must be incurred during the approved grant period noted above.
2. Commitment to Nondiscrimination No person shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, marital or parental status, political affiliation, military service, physical or mental ability, or any other improper criterion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available by the Foundation, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Foundation.
3. Acknowledgment of Grant Funds You will give public recognition to the Southwest Initiative Foundation’s support in all advertising, publications and press releases concerning the grant project.
4. Certification and Maintenance of Exempt Status You certify that you are a public charity because you either (a) have been determined by the Internal Revenue Service to be a tax-exempt organization under Section 501(c)(3) of the Code, and not a private foundation within the meaning of Code Section 509(a); (b) are a state or any political subdivision thereof within the meaning of Code Section 170(c)(1); or (c) are a state college or university within the meaning of Code Section 511(a)(2)(B). You will immediately inform the Foundation of any change in or challenge to your status as a public charity.
5. Payment of Grant Funds You will receive electronic payment in the amount listed above. You will repay The Foundation any portion of the grant which is unused or not used for the charitable purposes required by this agreement.
6. Records You will maintain your books and records to show, and separately account for, the funds received under this grant, along with maintaining records of expenditures adequate to identify the purposes for which grant funds have been expended. You will permit the Foundation, at its request, to have complete access to the files and records for the purpose of making such financial audits, verifications, and investigations as it deems necessary concerning the grant, and to maintain such files and records for a period of at least six years after completion or termination of the project.
7. Termination This grant may be terminated at any time if you and the Foundation mutually agree on the termination in writing. Upon termination of this grant agreement, all unexpended funds shall be returned to the Foundation. In addition, in the event the Foundation determines that you have failed to comply with the terms of this agreement, upon written notice from the Foundation you will return all unexpended grant funds to the Foundation and the Foundation may terminate this agreement.