2024.06.12 NINA MASON PULLIAM TRUST GRANT AGREEMENT CAPP PACKET C# TBD.PDF
Extracted text (via pymupdf)
18756 characters
Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 1 Maricopa County Animal Care and Control Ms. Debbie McKnight 2500 S. 27th Avenue Phoenix, AZ 85009 O: 602-819-0798 Ms. Debbie McKnight 2500 S. 27th Avenue Phoenix, AZ 85009 accgrants@Maricopa.Gov O: 602-527-3967 Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 2 FollowUp Form PROPOSAL TO ENTER INTO GRANT AGREEMENT The Nina Mason Pulliam Charitable Trust (the "Trust") is pleased to propose the grant described below, subject to the following General and Special Conditions: Grantee Maricopa County Animal Care and Control ARTICLE I: DESCRIPTION OF GRANT Amount Awarded $75,000.00 The tentative installment schedule is available on your Dashboard. Click on View Details, then click the $ Award Details tab. Program Title* Canine Advocate Placement Program (CAPP) Purpose of the Grant: Support for the Canine Advocate Placement Program supervisor's salary and benefits. Grant Start Date 06/01/2024 Grant End Date 05/31/2025 Progress Report Year One Due For multi-year grants Progress Report Year Two Due For multi-year grants Final Report Due 06/30/2025 Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 3 ARTICLE II: GENERAL CONDITIONS The Grantee accepts and agrees to comply with the following General Conditions: 1. PURPOSE AND RESTRICTIONS ON USE OF GRANT. The grant shall be used solely for the purpose specified in Article I of this Grant Agreement (the“Agreement”) and shall be so designated on the Grantee’s records. No part of the grant funds shall be used (a) to carry on propaganda or otherwise attempt to influence legislation or (b) to participate 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.In addition, the Grantee agrees that the grant will not be used for any purpose prohibited by the laws of the United States, including without limitation applicable laws prohibiting the support of terrorism or terrorist organizations. 2. PROGRAM MONITORING AND EVALUATION. The Trust may, at its expense, monitor and conduct an evaluation of operations under this grant, which may include visits by representatives of the Trust to observe the Grantee’s procedures and operations in connection with this grant and to discuss the grant with the Grantee’s personnel. 3. ACCOUNTING AND FINANCIAL REQUIREMENTS. a. If the purpose of this grant is for general or operating support, no special requirements are specified for the method of recording receipts and disbursements on the accounting records of the Grantee for this grant. b. If the purpose of this grant is to support a project (i.e., any purpose other than for general or operating support), the use of grant funds is restricted solely to the purpose of the grant and should be so designated on Grantee accounting and financial records. Under no circumstances may grant funds be expended, borrowed (inter-fund), pledged, or transferred for reasons unassociated with the stated purpose of this grant. For purposes of controlling and reporting on the receipt and disbursement of grant funds, Grantee accounting records should be structured so that such transactions are easily and readily identifiable. c. Vouchers consisting of bills, invoices, cancelled checks, receipts, etc., which document the disbursement of funds for this grant, shall be retained by the Grantee for at least two years after final disbursement of the grant and may be examined by Trust representatives on reasonable notice during regular business hours. Copies of such documents shall be furnished to the Trust at its request and expense. The Trust may, at its expense and on reasonable notice to the Grantee, inspect, audit, or copy the Grantee’s records pertaining to this grant. 4. BUDGET. The budget from the original proposal should be edited, if necessary, to reflect the actual grant amount. The Grantee may reallocate budgeted line items up to $3,000 per line item without prior notice to the Trust, provided that such change(s) shall be reported in the Grantee’s next financial report to the Trust. If a reallocation for an individual line item will exceed $3,000, the Grantee may not proceed with the reallocation without prior written approval of the Trust. 5. PAYMENT SUMMARY. The schedule of grant payments as displayed on your Applicant Dashboard in Decision Details is a preliminary estimate of the timing and amount of cash remittances to the Grantee that will meet satisfactorily the requirements of the grant. The Trust, however, on its own initiative or at the request of the Grantee, may modify scheduled dates and payment amounts and will so notify the Grantee when and if such changes seem to be indicated. If there are matching or other conditions related to this grant, the Trust will not be required to disburse related payments until the end of the fourth full calendar quarter after the quarter in which the conditions are satisfied in accordance with this Agreement, unless expressly provided otherwise herein. 6. SELECTION OF RECIPIENTS. The Grantee shall have the exclusive right to select the individuals to whom and the organizations to which grant funds shall be paid. This provision shall prevail over all other provisions of this Agreement. The Agreement may provide that the Grantee in the exercise of its right of selection shall observe certain criteria, such as the independence of project evaluators, educational or other qualifications of persons who will perform certain duties in connection with the grant, and characteristics of organizations which shall be relied upon to achieve the charitable purposes of the grant. In all cases, however, these criteria are intended to maximize the charitable benefits to be derived from this grant, shall be construed and applied to achieve that result, and are not intended to identify or cause the Grantee to select any particular individual or organization. The Trust disclaims participation in the above described selection process. Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 4 7. REPORTING. Upon request, the Grantee shall furnish to the Trust written reports on both the progress of the program and the financial management of the grant. The format of the financial reports must be consistent with that of the original budget, and show a comparison of actual to budgeted expenditures. The Grantee agrees to submit an electronic report on the use of grant funds and progress on the program for which funds were requested, utilizing the Trust's online grant system. The Grantee will receive an email notice and instructions for filing the report prior to the report due date. The Trust will not be required to disburse related payments until the end of the fourth full calendar quarter after the quarter in which such delinquent reports are furnished, unless expressly provided otherwise herein. The Grantee shall furnish a copy of its annual financial statements to the Trust for each year that is included partially or wholly within the grant period. These statements should include a balance sheet, income and expense statement, and any footnotes or supporting schedules that will permit a satisfactory determination of the financial condition of the Grantee. 8. PUBLICATIONS. The Grantee hereby grants to the Trust or its designee a nonexclusive, irrevocable, fully transferable, worldwide license to publish excerpts, reasonable in length, of any documents or materials (in whatever format) created by or for the Grantee in furtherance of a project funded in whole or part with this grant. The Trust’s publication of such excerpts may be in all media of expression now known or later developed in furtherance of the Trust’s nonprofit purposes (including, without limitation, in the Trust’s annual, periodic, or special reports, its web site, and its brochures, guidelines, requests for proposals, and other materials). Payment by the Trust to the Grantee of any portion of the grant funds shall constitute full payment to the Grantee for this right and license to publish excerpts, and no additional royalties shall be payable to the Grantee. If the documents or materials were not prepared by an employee of the Grantee within the scope of employment, if the Grantee in the exercise of good faith cannot determine whether the documents or materials were prepared by an employee within the scope of employment, or if the Grantee otherwise is not the owner of the documents or materials, the Grantee shall pursue all reasonable efforts to obtain from the author or authors of such documents or materials written permission for the Trust or its designee to publish excerpts as specified above, without additional cost or expense to the Trust. The Grantee shall not enter into any agreement with any other party relating to the creation, dissemination, or publication of such documents or materials that conflicts with the Grantee’s obligations under this Agreement. 9. EXEMPT AND PUBLIC CHARITY STATUS. The Trust makes this grant on the condition that your organization is and continues to be an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and that your organization is not a private foundation. The Grantee must notify the Trust immediately if (a) the IRS revokes your organization's tax-exempt status under Section 501(c)(3) effective as of any date within two years of the date of this agreement or (b) if the IRS classifies your organization as a private foundation effective as of any date within two years of the date of this agreement. The Grantee shall give immediate notice to the Trust of every change in such status. In the event of a change in such status, the Trust may change the terms of this grant, including revoking the grant and requiring a full refund of the Grant Funds to the Trust. 10. EXTENSION/REVERSION OF GRANT. If the purpose of this grant is to finance a project or to provide general or operating support for a specific period of time, any portion of the grant unexpended at the completion of the project or at the end of the period shall be reported to the Trust immediately. If the Grantee requires a longer period of time to complete the project, a formal request for extension must be made in writing to the Trust. If the Trust determines that any of the grant funds have been used for any purpose other than those summarized on Page 1, remain unused by the Grantee (without a grant extension approved by the Trust, in its sole discretion), or are not used in accordance with the terms and conditions of this Agreement, then the Trust may unilaterally change the terms of this grant and take such actions as it deems appropriate to ensure the proper use of the grant funds. 11. CANCELLATION OF GRANT. If the Grantee fails, within thirty days after notice from the Trust, to perform any of its duties under the Agreement, the Trust may at any subsequent time by notice to the Grantee postpone, cancel, or postpone and thereafter cancel payment of the undisbursed portion of the grant. Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 5 12. WITHDRAWAL OF GRANT. After entering into a grant agreement, it is possible that circumstances will arise which will persuade the Trust that an unpaid grant should not be disbursed. If that should happen with respect to this grant, the Trust acknowledges that the Grantee, nevertheless, would then be entitled to full reimbursement for reasonable expenses connected with the grant and already paid by the Grantee or for which it became legally responsible before notification of the Trust’s decision. Accordingly, the Trust may at any time, with or without cause, cancel the unpaid portion of this grant by notice to the Grantee. As soon as possible after such notice, the Grantee shall furnish a complete list of such expenses, and the Trust thereupon shall pay to the Grantee an amount equal to the total of those expenses (not to exceed the unpaid portion of the grant). After making such payment, the Trust shall have no further obligation to the Grantee, or affiliates. 13. COUNSELING. Occasionally the Trust makes available to a Grantee counseling or other assistance from a member of the Trust’s staff or from one of its consultants. In every case, the Grantee is entirely free to decline or avail itself of this assistance and to accept or disregard in whole or part the recommendations offered. Neither the Trust nor the person offering assistance to the Grantee shall have any liability to the Grantee, its officers, agents or representatives because of reliance on such assistance or adoption of such recommendations. 14. PUBLICITY. Until such time as the Trust notifies the Grantee that the Trust’s identity as the grantor may be released publicly, the grantor shall be identified as anonymous and the Grantee shall not make any public reference to the Trust or to Mrs. Pulliam. At such time as the Trust approves a public release, the grant shall be recognized in publications and announcements as being awarded by the Nina Mason Pulliam Charitable Trust. If the Grantee wishes to issue a news release concerning the grant, the text of the proposed release must be submitted to the Trust for review prior to the release date. No release shall be made without the Trust’s approval. 15. ADDITIONAL SUPPORT. By making this grant, the Trust assumes no obligation to provide other or future support for the Grantee. 16. NOTICES. Notices under this Agreement shall be in writing and shall be deemed to be given when delivered or five days after deposit by registered or certified mail. 17. WAIVER. No waiver of any right under this Agreement shall be effective unless set forth in a notice from the party possessing such right to the other party, and the exercise by either party of any right or remedy under this Agreement shall not thereafter prevent that party from exercising any other right or remedy. 18. STATE LAW. The law of the State of Indiana or the State of Arizona (as determined by the Trust in its sole discretion) 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 or Arizona (as determined by the Trust in its sole discretion) and shall become effective when (i) the Trust receives a copy of this instrument bearing the Grantee’s acceptance at the Trust’s offices in Indianapolis, Indiana, or Phoenix, Arizona (as determined by the Trust in its sole discretion), and (ii) in the case of a grantee that is headquartered outside the State of Indiana or the State of Arizona (as determined by the Trust in its sole discretion), the Trust countersigns the Agreement at its offices in the chosen state. 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 or Arizona (as determined by the Trust in its sole discretion). By execution of this Agreement, the Grantee submits to the personal jurisdiction and venue of such courts for such purposes. 19. SPECIAL CONDITIONS. The Grantee accepts and agrees to comply with the Special Conditions, if any, included below. Any conflict between any of the Special Conditions and other Agreement terms shall be governed by the other terms of the Agreement. Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 6 Special Conditions ORIGINAL EXECUTION BY THE TRUST This proposal to enter into the foregoing Agreement was executed by the Nina Mason Pulliam Charitable Trust at Indiana: On: Decision Date 05/02/2024 NINA MASON PULLIAM CHARITABLE TRUST Gene D’Adamo President and CEO GRANTEE'S ACCEPTANCE THIS IS A LEGAL DOCUMENT THAT MUST BE SIGNED BY SOMEONE WITH THE AUTHORITY TO SIGN CONTRACTS ON BEHALF OF YOUR ORGANIZATION (Typically, a senior leader or an officer) The Trust makes grant payments via Automated Clearing House (ACH). In order to receive your payment, we need some information about your financial institution, and you need to upload a copy of a voided check or a letter from your bank that contains your account and routing numbers. An incorrect number will prevent your bank from crediting your account. The sample check below will assist you in identifying your routing and account numbers. The Routing Number (RTN) must be nine digits. Note: These numbers may be in slightly different places on your check. If you are not sure, contact your financial institution to verify the correct routing and account numbers. Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 7 Legal Name of Grantee* * Organization Name Only* Financial Insititution Name* Financial Institution Address Including City, State and Zip Code* Checking Or Savings * Please select one* Routing/ABA Number* Account Number* Voided Check* Upload a voided check that contains the same account and routing numbers used in your ACH form, or for deposit only accounts upload a verification letter from your bank. Authorized Signature* By typing your Name, Title, and Date in the spaces below, you confirm that you are authorized to make legal contracts for the Grantee and that you agree to enter into this agreement by electronic means. Title* Date of Acceptance* Acceptance* The Grantee accepts the above-described grant on the terms and conditions set forth in the foregoing Agreement and agrees to perform the responsibilities imposed on it under the Agreement. Debbie McKnight Maricopa County Animal Care and Control Printed On: 20 May 2024 Program Support 2024 8 File Attachment Summary Applicant File Uploads No files were uploaded NAME OF DOCUMENT MARICOPA COUNTY BOARD OF SUPERVISORS BY: ATTEST: _________________________________ ________________________ Chairman, Board of Supervisors Clerk of the Board Date: ___________________ Date:___________________ Approved as to form: _________________________________ Deputy County Attorney Date:_____________________ Nina Mason Pulliam Trust Grant Agreement CAPP Packet