ASPCA TRANSPORT PROGRAM GRANT AGREEMENT.PDF
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Grant Agreement Reference:
NAME: Maricopa County Animal Care and Control
PROJECT: MCACC Transport Program
AMOUNT: $ 60,000
GRANT NUMBER: 201911-26374
GRANT TERM: 12/09/2019 - 12/09/2021
ASPCA GRANT OFFICER: Lou Guyton
GRANT ACCOUNT LOGIN: hthos://aspca.fluxx.io
December 10, 2019
Mary Martin
2500 S. 27th Avenue
Phoenix, AZ 85009
Dear Mary Martin,
The American Society for the Prevention of Cruelty to Animals (the "ASPCA") is deeply honored to
be able to grant to Maricopa County Animal Care and Control (the "Grantee," and together with the
ASPCA, the "parties" and each a "party") the amount of $ 60,000 (the "Grant"). These funds are
designated for the purpose set forth below and as outlined in your grant request and as further described
in this agreement (this "Agreement") and, if applicable, its amendments: MCACC Transport Program
(the "Project").
Unless otherwise noted in the payment schedule below, the ASPCA shall pay the grant to the Grantee
approximately two to six weeks following receipt of the signed original contract, including all pages.
By signing this Agreement, you represent and warrant that Grantee will meet the obligations specified
in this Agreement.
Intending to be legally bound and in consideration of the Grant provided to the Grantee and the desire
of the Grantee to conduct the Project, the parties hereby agree to the following terms and conditions
as of the first date listed above (the "Effective Date"):
1. Grantee Requirements.
The Grantee shall communicate with Lou Guyton (lou.guyton@aspca.org ) (the "ASPCA Grant
Officer") according to the schedule and additional instructions (if applicable) to review and evaluate
the use of the Grant funds.
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Report Type
Due Date
Final Report
12/09/2021
Requirements must be submitted through your ASPCA Grants account at:
https://aspca.fluxx.io/
An explanation of additional grant requirements you may be asked to fulfill are described in Schedule
1 and on our website at aspcapro.org/grant-reporting-requirements.
You are required to provide additional information relating to this Grant upon the ASPCA's request.
Such additional information may include but is not limited to: receipts (up to three years after the Grant
end date), photographs, and press information. In addition, you are required to provide access to the
ASPCA upon the ASPCA's request so that the ASPCA may conduct a site visit of your location(s)
during standard business hours, or at a day and time mutually agreed upon by the ASPCA and the
Grantee. The ASPCA will provide you with reasonable notice of any such request unless otherwise
mutually agreed upon.
You may submit requirements upon completion at any point during the grant term. Organizations that
fail to submit required documentation in a timely manner may jeopardize future grants and/or grant
payments. Should you need a due date extension, please forward your request, prior to the due date, to
lou.guyton@aspca.org with the requirement type (e.g. Progress Report, Final Report, etc.), an
explanation for your request (including the reason for the anticipated delay) and your preferred new
due date.
2. Use of Grant Funds. The ASPCA shall pay the Grant to the Grantee according to the following
approximate schedule:
Payment ID
Due at
Amount Due
760494
12/09/2019
$ 60,000
Please note that payment is contingent upon our receipt of the signed contract, including all pages of
the Agreement and original signature on the Agreement, from you. The ASP CA will not advance Grant
funds until all required documents have been received and reviewed. Please return the originally
executed agreement as soon as possible in order to expedite payment.
The Project shall consist of the activities outlined in the Grant request submitted to the ASP CA that
pertain to "MCACC Transport Program". In addition, the Project shall consist of the following
restrictions, modifications and/or instructions:
Applicant to provide quarterly reports of numbers of animals impacted that are not transported by the
ASPCA and at least one story with photographs per quarter to ASPCA designee.
The Grantee agrees that it is the sole employer of all individuals who are compensated in whole or in
part with Grant funds, or whose employment, fellowship or internship position arises in any way as a
direct or indirect result of the Grant (each a "Funded Position"). The Grantee further agrees that it is
exclusively responsible for the classification and engagement of any contractors whose fees and/or
expenses are paid in whole or in part with Grant funds ("Funded Contractor"). Accordingly, the
Grantee agrees that with respect to any Funded Position and/or any Funded Contractor, the Grantee is
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exclusively responsime tor compliance witn, aria win comply witn, any ana an appncame reaerai, state
and local employment laws, regulations and rules, including, but not limited to, any employer
obligations to: (a) timely pay all wages or other compensation due; (b) withhold and remit employment
taxes; (c) administer any required discipline; (d) provide insurance coverages; (e) prohibit
discrimination or harassment based on any protected characteristic; and (f) provide any required leave
or accommodation. The Grantee acknowledges and agrees that the parties to this Agreement are in the
relationship of Grantor and Grantee, and the use of Grant funds for Funded Positions and/or Funded
Contractors does not constitute a joint venture, affiliation, or joint employment relationship of any
kind.
The Grantee acknowledges and agrees that the grant shall be used exclusively for costs incurred
directly in connection with the Project and as set forth in this Agreement, and that failure to do so will
result in the Grantee having to return the grant to the ASPCA within ten (10) days of the ASPCA's
request to do so.
The Grantee agrees that at no time will any funds it receives from the ASPCA be used to attempt to
influence the outcome of any selection, nomination, election, or appointment of any individual to any
public office or office of a political organization within the meaning of Internal Revenue Code Section
527(e)(2), and shall furthermore not use any of the funds it receives from the ASPCA to participate in,
or intervene in (including the publishing or distributing of statements) any political campaign on behalf
of (or in opposition to) any candidate for public office.
The Grantee hereby grants to the ASPCA a license to use the Grantee's name and trademarks on
materials directly related to the activities of the Project and/or the Grant. The Grantee Key Contact is
Melody Furcini (the "Grantee Key Contact"), and the Grantee Key Contact shall communicate with
Lou Guyton (lou.guyton@aspca.org ) on an as-needed basis to review and evaluate the use of the Grant
funds. The Grantee Key Contact is encouraged to contact the ASPCA Grant Officer at any time to
communicate information related to the grant, and must contact the ASPCA Grant Officer as soon as
practicable if the Grantee expects that it may need to make any changes to the Project, or it encounters
circumstances that may substantially impact outcomes or goals stated in the application or enumerated
in this contract.
For projects that include grant funds used to purchase food for a gathering of individuals, including at
conferences, trainings and other events sponsored by the ASPCA, the Grantee will limit the use of
ASPCA funds to purchase vegetarian, vegan, fish or welfare-certified meat products only. "Welfare-
certified meat products" shall mean products that are from farms, obtained either directly or through
another supplier (restaurant, retailer, etc.), that are certified by at least one of the following certification
programs: (a) Animal Welfare Approved; (b) Certified Humane; and/or (c) Global Animal Partnership,
Steps 2 and above. For more information about welfare-certified products or where to locate welfare-
certified products, please visit http://www.aspca.org/take-action/help-farm-animals/finding-higher-
welfare-products.
Employees, volunteers or other associates of the Grantee whose food expenses are reimbursed or
otherwise paid from ASPCA grant funds, including, but not limited to beneficiaries of travel stipends
and scholarships, are strongly encouraged to choose higher-welfare meat products, fish, vegan or
vegetarian food.
3. Acknowledgement of ASPCA Support. In consideration of the grant, the Grantee shall publicly
acknowledge that the Project was made possible through a generous grant from the ASPCA and shall
reference the ASPCA in all "Project Materials." "Project Materials" shall include, but not be limited
to, all copy, script, text, graphics, photographs, video, audio, promotional and advertising materials,
and all other editorial matter(s) or press releases relating to the Project. The Grantee shall submit the
Project Materials for review and approval by the ASPCA Grant Officer prior to its inclusion in any
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matenais preparea ana imenaea to ne war -milieu regaraing me activities ot me rroject. iNo cnanges
on the approved version of any Project Materials shall be instituted by the Grantee without the prior
written approval of the ASPCA Grant Officer. The ASPCA hereby grants to the Grantee a license to
use the ASPCA Trademarks on materials directly related to the activities of the Project. "ASPCA
Trademarks" are: "ASPCA8", which must always appear in PMS 422 and 021, unless used in
materials that are completely black and white in nature, in which case it may appear in black; and "The
American Society for the Prevention of Cruelty to Animalse". The ASPCA has the right in its sole
discretion to require the Grantee to remove all references to the ASPCA's involvement if the ASPCA
determines that the Grantee is not fulfilling its obligations under this Agreement or if for any other
reason the ASPCA determines that it is no longer in the ASPCA's best interest to be referenced in such
manner.
Jpegs of the ASPCA logo are included on the URL below for your use on your website or other
collateral. Additional logos and badges can also be found there: http://aspcapro.org/badges .
Instructions regarding links to the ASPCA's website can be found at this URL:
http://www.aspca.org/about-us/linking-policy.
For assistance regarding recognition of your Grant, including press releases, advisories, or general
media outreach, please contact the ASPCA's Media Department at press@aspca.org . A suggested
press release template is provided as Schedule 2 as a helpful guide. Social media tips are provided on
Schedule 3.
4. Records. The Grantee will keep accurate books and records with respect to the grant in
accordance with generally accepted accounting principles and business practices. The Grantee will
maintain its books and records in such a manner that the receipts and expenditures of the Grant funds
will be shown separately on such books and records in any easily checked form. The Grantee will
keep records of receipts and expenditures made of Grant funds as well as copies of the reports
submitted to the ASPCA and supporting documentation for at least three years after completion of
the use of the Grant funds, and will furnish or make available such books, records, and supporting
documentation to the ASPCA for inspection at reasonable times from the time of the Grantee's
acceptance of the Grant through such period.
5. Maintenance of Tax-Exempt Status. In carrying out the Project, the Grantee shall comply with
all applicable federal, state and local laws and regulations. If the Grantee is a 501(c)(3) organization,
the Grantee certifies that it is in good standing with the Internal Revenue Service and shall notify the
ASPCA immediately of any change in, or challenge by the Internal Revenue Service to, its status as
a 501(c)(3) tax-exempt organization.
6. Termination. The ASPCA may, in its sole discretion (i) withhold payment of funds until in its
opinion the situation has been corrected or (ii) declare the Grant terminated in any of the following
circumstances:
a. If, as the result of the consideration of reports and information submitted to it by the Grantee
or from other sources, the ASPCA, in its sole discretion, determines that continuation of the
Project is not reasonably in furtherance of the ASPCA's mission to provide effective means for
the prevention of cruelty to animals throughout the United States (the "ASPCA Mission") or
that the Project is not being executed in substantial compliance with the grant request (or work
plan as revised) or that the Grantee is incapable of satisfactorily completing the work of the
Project;
b. In the case of any violation by the Grantee of the terms and conditions of this Agreement;
c. In the event of any change in, or challenge by the Internal Revenue Service to, the Grantee's
status as a 501(c)(3) tax-exempt organization if applicable; or
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a. it it is revealea mat, wiring me rroject, tne uramee is or was invoivea in any activity or maxes
any statement disparaging of, or reflecting unfavorably upon the ASPCA, tarnishes the
reputation of the ASPCA or is not in alignment with the ASPCA Mission.
If the ASP CA terminates the Grant, it shall so notify the Grantee, whereupon it, if so requested by the
ASPCA, shall promptly refund and pay back to the ASPCA any unexpended balance of the Grant
funds in the Grantee's hands or under its control.
Upon completion of the Project or termination of this Agreement for any reason, the ASPCA will
withhold any further payments of Grant funds and the Grantee shall, at the option of the ASP CA, repay
to the ASPCA any portion of the Grant funds that were not spent for the Project. All such
determinations by the ASPCA under this Section 6 will be final, binding and conclusive upon the
Grantee.
7. Unspent Grant Balance. If the Grantee anticipates not spending or committing to spend the full
grant amount within the Grant Term, the Grantee may request an extension to allow for more time to
complete the Project without requesting additional funds. To request an extension, the Grantee must
login to the ASPCA grants portal at https://aspca.fluxx.io/ 30 days prior to the grant end date or earlier
to provide the following: 1) a brief (2-3 sentence) explanation for why the extension is necessary, 2)
any proposed changes to the Project budget line items, if applicable, and 3) a proposed new end date
for the grant.
The ASPCA, in its sole discretion, may approve the extension request and extend the grant term to a
date different from the Grantee's proposed new end date. If the ASPCA declines the request for an
extension, or if the Project is completed but carries a balance of unspent funds, the Grantee shall
promptly refund and pay back to the ASPCA the unexpended balance.
8. Future Funding. The Grantee acknowledges that the ASPCA and its representatives have made no
actual or implied promise of funding except for the amounts specified in this Agreement. If any of the
Grant funds are returned or if the Grant is rescinded, the Grantee acknowledges that the ASPCA will
have no further obligation to the Grantee in connection with this Grant as a result of such return or
rescission.
9. Modification. No amendment or modification of this Agreement shall be valid, unless made in
writing and duly executed by the parties hereto. To request a modification, the Grantee must login to
the ASPCA grants portal at https://aspca.fluxxio .
10. Miscellaneous. This Agreement is intended to be binding upon the Grantee and the ASPCA. This
Agreement represents the final agreement between the parties with respect to the subject matter hereto,
and supersedes any and all prior agreements, written or oral, between the parties with respect to the
matters contained herein. This Agreement is not intended to, nor shall it be deemed to create, any
partnership or joint venture between the Grantee and the ASPCA. This Agreement shall be interpreted,
governed by and construed in accordance with the internal laws of the State of New York, without
regard to the conflict of laws principles thereof. The parties hereto acknowledge and consent to
personal jurisdiction and venue exclusively in New York, New York with respect to any action or
proceeding brought in connection with this Agreement. This Agreement may be executed by the
parties hereto in counterparts, each of which, when executed and delivered, shall be deemed to be an
original and all of which shall constitute together the same document.
If the terms and conditions of this Agreement are acceptable, please sign this Agreement and return it
to us. By signing this Agreement, you represent and warrant that you are capable of binding the
Grantee to the terms set forth in this Agreement.
111:00:41MNTIMINAMMIZIOWAVIIIIINAINIIIIRSIMI/XI:fleriBISTELZEITTEIffar
Name/Title:
ACCEPTED AND AGREED:
Maricopa County Animal Care and Control
By (signature of CEO/President/Director): _
Mary martin
L
DocuSigned by:
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Aurti Atakfit&
t93400
Di rector
SIGNATURE PAGE BELOW
GRANT NUMBER: 201911-26374
GRANT AMOUNT: $ 60,000
Sincerely,
THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
Sarah Levin Goodstine
Senior Vice President of Operations and Strategy
OR
Julie Morris
Senior Vice President
Community Outreach
D:cuSigned by:
OR
B
Jai fkittAullt
R5C8A9C438C4-6F
Jodi Buckman
Vice President
ASPCA Grants
nragr--
SIGNATURE PAGE BELOW
GRANT NUMBER: 201911-26374
GRANT AMOUNT: $ 60,000
ASPCA TRANSPORT PROGRAM GRANT AGREEMENT
MARICOPA COUNTY
BOARD OF SUPERVISORS
BY:
ATTEST:
Chairman, Board of Supervisors
Date:
Approved as to form:
Deputy County Attorney
Date:
Clerk of the Board
Date:
520 8th Avenue 7th Floor • New York, NY 10018 • 212-876-7700x4934 •
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