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HomeMy WebLinkAboutANIMAL SERVICES GRANT AWARD AGREEMENT IN THE AMOUNT OF $15,000.00 FOR SPAY/NEUTER SURGERIES FROM BEST FRIENDS ANIMAL SOCIETY Best Friends Animal �}. Society SAVE THEM ... .. FY 2018 GRANT AGREEMENT BASIS Best Friends Animals Society ("Best Friends" or"BFAS") is a 501(c)(3) nonprofit corporation based in Kanab, Utah, whose mission is No More Homeless Pets®. Best Friends is sponsoring a program (the'Program") to provide grants to animal welfare organizations who are working to save animal lives by providing an unfunded or underfunded need in the areas they serve. Recipient is a 501(c)(3)nonprofit animal welfare charity or a municipal shelter. Recipient been selected to receive a grant. In consideration of the receipt of this grant, Recipient agrees to the following terms: AGREEMENT Grant Amount and Term Name of Organization: Augusta Animal Services EIN# 58-2204274 This is a one-time grant in the amount of: $15,000 The grant shall be disbursed as follows: • Grant funds will be awarded upon receipt of all requested signed agreements and forms. Agreements and forms must be returned by September 20"', 2018 • The period of this grant project is September through December, 2018. All funds must be spent by December 314, 2018 Use of Grant Funds Recipient agrees to use the grant for the program or project described in this agreement and for no other purposes unless expressly approved in writing by Best Friends. Best Fri_rids Animal Society F Fi:a ,: i is r :;n.v F ;,c lu.: ,;a. r ty Et I Frr,:,.d_ /.ri;. .;•S:.c;c 5001 Angel Canyon Road :-^.1 rt :.r,dE'.c. I .c F Gil e(`,i:,tOrrio 110 Kan. l), 1../T f4741 I:it: u"i f; i,iN' i, ,1 " .:1• ,r S;:!l I:, C.' 111 . It bestfriends.orcJ b.-stlw::.1 .r n ,: hi ':r1(<<d. c f Item # 1 Grant Recipient Responsibilities A. Specific Objectives Recipient agrees that grant funding will be used only to: • Spay/Neuter as many as 200 adoptable animals • A reduction in shelter death of as many as 200 animals over the same period compared to calendar year 2017 B. Grant Reports Recipient agrees to make reasonable efforts to provide Best Friends with monthly progress reports as well as a final report detailing grant expenditures, program progress/results, other pertinent statistics, within 45 days of the end of the project. Reports will be requested on the following dates: • The 15th of each month detailing the intakes and dispositions of all animals broken down by species and disposition type Reports shall be submitted on forms provided by Best Friends. Each report will cover one calendar month and shall require a detailed accounting of how the grant funds have been spent as well as reporting on the results of the grant project. A sample report worksheet will be provided. • Grant report will include — detailed documentation of how the funds were spent (including receipts, if requested) • Data and details on numbers of: o Spay/neuters o The clinic where surgery was provided o The outcome of animals who received surgery • If applicable, report on lifesaving impact: reduction in shelter deaths as a result of this project monthly as evidenced by municipal shelter statistics. C. Grant Program Branding Terms and Promotion Recipient shall cooperate with Best Friends regarding the promotion of the Program. All press, news, or other media releases and other forms of publicity relating to the Program, including web-based communications and social media posts must be pre- approved by Best Friends. Any such publicity efforts proposed by Recipient shall acknowledge the participation of Best Friends and shall be submitted by Recipient to Recipient's appointed contact at Best Friends for review and approval not less than 4 days in advance of the proposed dissemination date. Materials may not be disseminated without the express approval of Best Friends. This provision shall apply only to promotion of the Grant Project and not to other efforts carried out by Recipient. Item # 1 Recipient agrees that BFAS may issue reports or statements to its members, the media and the public about the grant and identifying Recipient. This includes, but is not limited to websites, newsletters, press releases, magazine articles, blogs, and podcasts. Recipient shall reasonably cooperate with Best Friends Network staff, Volunteer Team Leaders, and News or Magazine writers in the production of such news content. Recipient agrees to use its best efforts to promote the Grant Project through its website, newsletters, electronic news distributions, press releases and other reasonable venues. Recipient agrees, during the Grant Period, to include a link to the home page of Best Friends' website whenever the Grant Project is mentioned by Recipient on its website or in other social media. Recipient shall use its best efforts to ensure that press releases, interviews and other communications efforts related to the Grant Project and any events held in conjunction with the Grant Project indicate the support and involvement of Best Friends. Neither party may use each other's logos, trademarks, or other intellectual property without express permission. Grant Recipient Representations and Warranties Recipient represents and warrants as follows: • Recipient is a qualified 501(c)(3)entity or government organization; • Recipient is an activated member of BFAS No More Homeless Pets Network unless approved otherwise; • The individual signing this Agreement on behalf of Recipient is duly authorized to do so. Grant Restrictions In addition to abiding by the requirement that the grant funds be used in furtherance of the program described in this agreement, Recipient specifically agrees that no portion of the grant funds will be used for any of the following: (i)to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of any specific public election or participate or intervene in any political campaign on behalf of any candidate for public office or conduct, directly or indirectly; (iii)to support or oppose any elected official or candidate for public office or on any particular issue. Termination by Best Friends Best Friends may immediately terminate this Agreement without penalty or any further obligation. Such event shall not constitute an event of default. All obligations of Best Friends will cease upon the date of termination. Photo, Video, Digital and Audio Release Recipient grants to BFAS permission and rights to photograph, video, and audio record any of Recipient's programs or events for the duration of the grant. Recipient grants to BFAS the right to indefinitely use such photographs, videos or digital images and voices. This release covers all photos, videos, and audio recordings made by BFAS or its employees, contractors or agents. Recipient understands and agrees that these photographs, videos, or digital images and recordings may be used by BFAS in its sole discretion including for identification purposes, to promote or report about BFAS events, activities and mission; to raise donations, or for other purposes. This includes, but is not limited to, any royalties, proceeds, or other benefits derived Item # 1 from such images or recordings. This release remains in effect even after the end of the grant period. Recipient further agrees not to make any claim against BFAS or its employees, contractors or agents for the use of these photographs, videos or digital image or voice recordings. Recipient understands this agreement releases and forever discharges BFAS from any liability to Recipient, its successors, and assigns with respect to personal injury, property damage or other loss or damages that may result as a result from the making and use of photographs, videos or digital image or voice recordings. Non Disparagement Recipient agrees not to willfully and intentionally disparage BIAS during the grant period. Release Recipient, its directors, officers, employees, representatives, agents, successors and assigns, agrees never to bring a claim or suit against BFAS relating to the grant program and its receipt of grant funds. Recipient agrees BFAS and its directors, officers, employees, representatives, agents, successors and assigns are not responsible for any of the decisions, plans, guidelines, work, or activities related to or arising from the program. Recipient releases BFAS and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from all liability arising from any work or activities related to the program or this grant. Recipient understands this agreement discharges BFAS and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from any liability to Recipient with respect to bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient's work, participation and activities related to this program or grant. Recipient releases BFAS and discharges BFAS and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from any liability for Best Friends'own negligence or liability that may result in bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient's work, participation and activities related to this program or grant. Survival of Terms The intellectual property rights, including the rights to use photos, digital, audio and video materials, agreed to in this agreement are perpetual. The releases and indemnity agreements are perpetual. Penalties Recipient agrees to make reasonable efforts to comply with all requirements and objectives of the Program; however, Recipient shall not incur any penalties for failure to fully comply with any requirement or objective of the Program. Recipient also understands that its failure to comply with any Program requirement stated in this agreement may affect future decisions regarding the Recipient's grant funding. Proprietary Information It is not anticipated that Recipient will have access to BFAS proprietary information as a result of this grant Agreement. Nonetheless, Recipient acknowledges and agrees that in the event Item # 1 Recipient learns of or comes into possession of any BFAS proprietary information, specifically including donor and/or member lists, Recipient will notify BFAS and return said information. Recipient agrees that it will not use, supply or disclose any Proprietary Information it happens to learn of to any third party. Other These contract terms bind the successors and assigns of Recipient. Each term of this Agreement is material. Recipient expressly agrees the releases and indemnity agreement are intended to be as broad and inclusive as permitted by law. Recipient agrees that in the event that any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement. This is the entire agreement between the parties and supersedes any other verbal or written statements, representations, or promises. This agreement may be signed in counterparts. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia. Any disputes arising out of or related to this Agreement will be resolved in a Georgia State Court of competent jurisdiction. By signing below, Recipient and Best Friends acknowledge and agree to the terms of this Grant Agreement. Augusta Georgia By: f M` :! item Tit : Ma � 4; r4 • cc/2.4-/is Date: , I • • !/ :01 Best Ftlends imaP 4414. litCE;itORGSI‘ By: , Title: .vt,e✓ IMu.Ar". Gs ¢�-�a ► Date: °t- ZS Item# 1