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HomeMy WebLinkAboutC2008-368 - 9/30/2008 - ApprovedE~E~v E~ PETSMART RoC~o~1~ A~'tfi~S. GRANT CONTRACT AGREEMENT THIS GRANT AGREEMENT (the "Agreement's is effective this 1st day of August 2008, by and between PetSmart Charities, Inc. a 501(c)(3) company, whose place of business and address is 19601 N. 27'" Avenue, Phoenix, AZ 85027 ("PetSmart Charities"), and, City of Corpus Christi (Animal Care Services) ("Organization's whose address is P.O. Box 9277, Corpus Christi, TX 78469. Upon a fully executed version of this Agreement, PetSmazt Charities shall award the Organization a giant in the amount of $9,975.00 ("Grant Funds"). The Grant Funds shall be used solely fox as follows: $9,375 fox spay/neuter surgeries and vaccinations at an average cost of $37.50 for an approximate total of two hundred and fifty (250) free-roaming cats; and $600 to purchase ten (10) humane cat traps (the "Giant"). This Grant is subject to the following conditions: 1. The Organization will use the Grant Funds only fox the purposes summarized above. In the event that the Organization cannot use the Grant Funds for the purposes described within 12 months the Organization must notify PetSmart Charities immediately. The Organization will use the Grant Funds only for charitable purposes. If PetSmart Charities determines at any time that any of the Grant Funds have been used for any purpose other than those summarized above; remain inappropriately unused by the Organization, relative to the expected time table; are not used in accordance with the terms and conditions of this Agreement; the Organization is involved in any investigation or engaged in any action that appears to be unprofessional, uncharitable, ox inappropriate; ox in PetSmart Charities' discretion, any such action ox inaction that does not uphold the spirit of the grant, then PetSmart Charities may unilaterally change the terms of this grant and take such actions as PetSmart Charities deems appropriate to ensure the proper use of the Grant Funds These actions may include, in the sole discretion of PetSmart Charities, the total revocation of the Giant and the immediate xetum of all Grant Funds. 2. PetSmart Charities makes the Grant on the condition that the Organization is and continues to be a city/county/state/tribal government entity. The Organization must notify PetSmart Charities immediately if: the Organization's tax-exempt status is withdrawn effective as of any date within [wo years of the date of this Agreement, or (b) if the Organization ceases operations effective as of any date within two years of the date of this Agreement. If the Organization's tax status changes, PetSmart Charities may change the terms of the Grant, including revoking the Grant and requiring a full refund of the Grant Funds to PetSmart Charities. 3. No part of the Grant Funds shall be used for lobbying ox political activities. 2008-368 09/30/08 M2008-256 PetSmart Charities Page t of 3 4. By 18 months from the date of this Agreement, the Organization will provide to PetSmart Charities a narrative written response to the enclosed evaluation questions on the Grant Follow-up Report and provide sufficient supporting backup and financial documentation detailing the use of the Grant Funds. Additional grant funds will not be awarded until all requirements of this paragraph have been met as defined above. 5. PetSmart Charities may release information concerning the Grant in such ways as it deems appropriate. If the Organization is interested in publicizing the Grant and its efforts in helping homeless pets in the local media, please contact the PetSmart Charities' Communication Manager at: (623) 587-2872. All media materials (~ press releases, annual reports, newsletters, invitations, etc.) mentioning PetSmart Charities must be reviewed and pre-approved by PetSmart Charities. Failure to comply herewith will result in PetSmazt Charities' immediate right to seek reimbursement from the Organization fox the full amount of the Grant. The Organization shall obtain the prior written consent from PetSmart Charities prior to granting any entity or individual with any publicity or sponsorship rights in connection with this Grant. Should the Organization wish to use the PetSmaxt Charities' name fox any type of recognition, including donor walls or any other permanent fixtures, it may not do so without PetSmazt Charities' written consent and provided that it uses PetSmaxt Charities' official logo and is done so in a favorable light fox PetSmaxt Charities. The Organization hereby authorizes PetSmazt Charities to use the Organization's name, logo, and photographs or other representation of the Organization's facilities and activities in its annual report and other PetSmaxt Charities' publications. The Organization waives any rights to inspect or approve of such annual report ox other such publications. The Organization agrees to obtain for PetSmaxt Charities the written release of any individuals (for themselves and/or their pets) in such photographs in an appropriate form provided by PetSmart Charities. 6. PetSmart Charities may request at any time that the Organization produce a written xepoxt, in a form reasonably satisfactory to PetSmart Charities, detailing the Grant Funds expenditure and progress of the programs to date. The Organization will submit the written report to PetSmart Charities no later than five (5) days after the date of PetSmart Charities' written request. Additionally, upon written notice and during normal business hours, PetSmart Charities may audit the records of the Organization as they pertain to the Grant, Grant Funds ox terms and conditions of this Agreement. The Organization will permit the audit no later than five (5) days after the date of PetSmart Charities' notice. If the xepoxt or audit reveals that: (i) the Grant Funds have not been used for the Grant, (ii) the Grant Funds remain inappropriately unused by the Organization, relative to the expected time table or (iii) the Grant Funds axe not used in accordance with the terms and conditions of this agreement, then PetSmaxt Charities may, at its sole option, unilaterally change the terms of the Grant and the Organization may be required to immediately return to PetSmart Charities all Grant Funds. Page 2 of 3 10/07/2008 10:22 3618264611 C. C. ANIMAL CARE SVC PAGE 02 Pleaae indicate, as ao authorized represetttative of the Oxgattization, the Oxganizadon's agreement with the conditions of the Grant by signing the bottom of this Agreement and returning it to PrxSrnan Charides within 45 dabs of the date of this Agreement, by facsimile, U.5. Mail ox hand deliveq•. Lyon Pet$inazt C.haritiea' receipt of this original sipped Agreement and PstSttrart Charides' acceptance b}• signature of this Agreement, a check will be issued to the Organizadon as sell as a copy of This fully executed Agteetnent. 'This ~gzeement will be null and void if not executed sud returned to PetSmaxe Charides after 45 days from the date of this Agreement. WE HAVE REVIEWED AND AGREE TO THE ABOVE TERMS AND CONDITIONS: S~; igna rel s> K~il,' f ~eEl~~!' (Plant Name) A7T65f: ~/1oG2A.~f ~itsfccl~E.Q___ Title (Qffieex in City of Corpus Christi (Animal Care Services)) OGr Z 2.oo~r I7atc ice"- 9 ~~ PetSman Charities /o~/ad' Date Pleaae make a cape of this doctmment for your records and mail this signed original to: PetBmart Charides Arta: GRANTS 19601 North 27~ Avenue Phoenix, AZ 85027 RiA1MIDOCFIAPA, ~ ~ . gfY96CiiETAlM ar (1YMIfCI~ k Page 3 of 3