Re: Grants vs gifts Chaffins, Gary 31 Jan 2003 11:31 EST
Wilma; We have a couple of ways to deal with such situations since our foundation has no research capability and for corporate reasons neither we nor they want to involve themselves in grant and contract activities: 1. If we see the proposal in advance (we usually do since we have policies and procedures in place with our foundation that this office must sign off through the University clearance process for all the compliance reasons) we try to determine if the 501(c)(3) status is a specific and hard requirement of the private foundation or if it is short hand for general tax exempt status. As a public university our tax exempt status flows through IRS section 117. We are of course subject to section 170(c)(1) regarding unrelated business income. In many cases we have found that the Foundation will accept the 117 status once they realize that we are exempt but not specifically under 501 (c)(3) and make the award to the University. 2. If the award must go to the university foundation, the foundation will route the award to the university before acceptance. This is to allow us time to look for unacceptable terms and conditions. If the award is made without acceptance sign-off and particular terms are unacceptable we may have to go back to the private foundation for resolution. Once we have the best award language circumstances will allow, we will then write an agreement with the university foundation for the to become a subrecipient and we will assume responsibility for the conduct and management of the grant. Gary Gary Chaffins Director, Office of Research Services and Administration 5219 - University of Oregon Eugene, OR 97403-5219 Voice (541)346-2395 FAX (541) 346-5138 E-mail xxxxxx@orsa.uoregon.edu -----Original Message----- From: Wilma Ennenga [mailto:xxxxxx@NAU.EDU] Sent: Friday, January 31, 2003 7:18 AM To: xxxxxx@HRINET.ORG Subject: [RESADM-L] Grants vs gifts How would your university handle a grant awarded with the conditions described below from a private foundation? Would the grant be administered by the foundation or by the university sponsored projects/grants office? The award in question is from private foundation whose literature states that "Grants are awarded to nonprofit public charitable organizations that are tax exempt under Section 501(c)(3) of the Internal Revenue Code". The purpose of the grant is to "recruit and train (ethnic minority) school administrators". The grant was "paid up front" rather than cost reimbursement, and allows 15% indirect costs which the foundation would intend to claim if grant expenditures are made directly from the foundation rather than from the university. The deliverable is a final product report/video to help distribute knowledge/lessons learned to others in the field. Other specific terms and conditions are that the award is revocable, a period of performance is specified, a detailed financial report is required showing how the funds were expended, and unexpended funds must be returned. Thanks for your responses, and please feel free to respond to me directly at xxxxxx@nau.edu Wilma G. (Winnie) Ennenga Director, Office of Grant and Contract Services Northern Arizona University BAC 100C, Building 51, Knoles Drive Flagstaff, AZ 86011-4130 Telephone: 928/523-8319 Fax: 928/523-1075 ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================