PETSMART FOOD DONATION 4.2017.PDF

Maricopa County — Formal (2017-05-24)

View PDF Item 21 Meeting page

Extracted text (via pymupdf_layout) 7161 characters
ega
GRANT STATEMENT an-Kind Goods)
MIS GRANT STATEMENT is entered into and forms a part of that certain Master
Support Agreement dated August 18, 2011 (the "Agreement") by and between PetSmart
Charities, Inc. ("PetSmart Charities") and the "Organization" identified below. The Parties are
entering into this Grant Statement to set forth additional terms and conditions for a Grant from
PetSmart Charities to the Organization. Capitalized terms not otherwise defined herein shall
have the meanings set forth in the Agreement.
Parties and Contact Information - •
Pettraart , PetSmart Charities, Inc. QrgiinigatiM* Maricopa County Animal Care
Charges: and Control
Additio: . 19601 North 27'h Ave Address: 2500 S. 27' h Ave.
' Phoenix, AZ 85027 Phoenix, AZ 85009
ptio4sity Masa Pratt Prindipal Melissa Gable
COntrint — " . • Contact: '
NOt,lt.; . - :: Legal Department ,Ntitieb
Coital* . . . :., .' ' , Coritriet:
' Tel: 1-800-738-1385 Tel: : . 602.5063471
Fax: . 1-623-580-6561 • : '
Grant Terms .
.I1•Milil IMPNIIMIMINIMNIMPINIMIMIllI
EffiefIVEThite: . Each Grant's Effective Date will be as of the day each Grant of
Grant Goods from PetSmart Charities to Organization under this
Grant Statement physically occurs.
Page! ofi
Peansart Charities Gran! Statement
Pamart Charities CONFIDENTIAL

.__ ,
Grant Funds (Goods): Description of Property: Dry Dog and Cat Food . . . .
Manufacturer: . • •
•
Brand Name: Good Natured ..
Lot No(s). if applicable): .
Quantity: 3,502 bags, (80,546 pounds) of dry dog food. And 1,750
bags (28,000 pounds) of dry cat food. For a total of 5,252bags of dry
dog and cat food (108,546 pounds).
Fair Market Value of Property: Dry dog food -$117,662.20. Dry cat
• food - $57,872.50. For a total fair market value of $175,534.70
(A description of the Grant Funds may also be attached hereto as
Schedule A.)
_
Grant. Conditions:
•GrantDistributions: * Organization agrees that the Grant may be delivered to
Organization by a party other than PetSmart Charities, and
Organization agrees that it may be responsible for shipping costs.
Grant Purpose: Provide pet food to organization to assist in saving the lives of
homeless pets.
Grant Period: The Grant Period will commence on the Effective Date set forth in
this Grant Statement, which in no event shall be earlier than effective
. date of the Agreement and will continue for a period of until in-kind
needs are expended.
-
Reporting :0Pgations: To ensure effective and appropriate use, Organization agrees to
provide a report of how the food was fed and/or distributed Report
should include any food that has not been used prior its expiration
date.
Additional Tertn : Subject to the terms of the Grant Statement Additional Term
attached hereto as EXHIBIT A.
Organization may transfer the Grant Goods, for no consideration or
value whatsoever, to one or more Eligible Recipients. An "Eligible
Recipient" is an organization that rescues and provides shelter and
care for animals that have been abused, injured, abandoned or are
otherwise in need, and meets the following requirements:
• Holds current 501(c) 3 status
• No breeding of animals occurs
• All animals shall be housed in a clean, comfortable, safe, ,
Page 2 of S
Peamarl PetSmart CherWes Charities Grant CONFIDENTIAL Satanical ••

species appropriate, stimulating and enriching environment
• Spay or neuter all animals prior to adoption
• Demonstrates a respect for quality of life and provide the
most humane death possible for animals who are suffering or
otherwise not suitable for adoption
• Has a sufficient number of qualified employees/ volunteers to
provide the appropriate level of care for the animals
• Has an comprehensive and effective adoption program
• Has a demonstrated lack of financial resources
• Demonstrates a positive contribution to the community's
animal welfare resource
• Has a written agreement with Organization to release the
Organizations' donors and donors' source(s) from any
liability arising from the condition of Grant Goods and
agreeing to indemnify and hold hannless Organization's
donors and donors' source(s) against any and all damages,
losses, claims, causes of action and suits of law or in equity or
any obligation whatsoever arising out of or attributed to any
action of in connection with Eligible Recipients' receipt,
handling or distribution of Grant Goods.
Organization is solely responsible to verify the Eligible Recipents'
qualifications and maintain records of its transfer of Grant Goods to
Eligible Recipients. Before transferring Grant Goods,
Organization will provide a copy of the Grant Statement
Additional Terms to each Eligible Recipient, and is solely
responsible for ensuring that the Eligible Recipients' receipt and
use of the Grant Goods is fully in compliance with this Grant
Statement and Additional Terms. FetSmart Charities takes no
responsibility whatsoever for identification, selection, qualification,
communications, verification, compliance, actions or omissions of,
communications and other interactions with any Eligible Recipient,
all of which shall be the sole responsibility and liability of
Organization.
Organization understands and agrees that the U.S. Food and Drug
Administration ("FDA") regulations specify that protein derived from
mammalian tissues is not to be used in ruminant feed and that the
feeding of these Donated Goods to cattle or other ruminant animals is
expressly prohibited by federal regulations. "Ruminant animals" are
animals with multi-chambered stomachs, such as cows, sheep, goats,
deer, elk, and buffalo. Dogs, cats, and other animals that have similar
digestive systems to human are not ruminant animals. Organization
will take appropriate measures to assure that any Donated Goods
Organization cannot use are disposed of in accordance with local,
Page 3 of 5
PetSmart Char-ilia Grant Statement
PetSmart Charities CONFIDENTIAL

state and federal regulations.
Organization understands and agrees that any Donated Goods
Organization may receive from Charities will be received by
Organization in "as-is" condition and Charities shall not be liable for
any direct or consequential damages or losses suffered or incurred by
Organization or a third party as a result of the use or consumption of
the Donated Goods.
This Grant Statement shall not be binding on either Party until executed by both Parties.
Organization aclmowledges and agrees that PetSmart Charities may rescind any offer contained
herein at any time until the Agreement has been executed by both Parties.
[Signature page follows]
Page 4 af S
PetSmart Charities. Grant Statenzent
PetSmart Charities CONFIDENTIAL

• IN WITNESS WHEREOF, the Parties have caused this Grant Statement to be signed by
their respective and duly authorized representatives as of the last date set forth below.
"PETSMART CHARITIES" "ORGANIZATION"
PETSMART CHARITIES, INC. MARICOPA COUNTY ANIMAL CARE
AND CONTROL
sig.realt Signe
Name: 1)(1\0 4Aotwmth Name: N\ e,\ C7 clot ack
Tide: -PreSficte Title:, CD M v\-N Sk) Ve-r V i'c7(.,1--
Date: Date: 4114411
Please retain a copy of this document for your records
Page GIS
PetSmart Charities Grant Statement
PetSmart Chtuities CONFIDENIIAL