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Home My WebLink AboutECHDA15-003 Colorado Health Foundation Grant %,■\ The Colorado Health Foundation' GENERAL GRANT TERMS, CONDITIONS AND UNDERSTANDINGS Title of Project: Lake Creek Village Apartments-Creating A Healthy Community Grant ID#:6474 Purpose of Project: Creating a healthier community at Lake Creek Village Apartments(LCV)by building a high quality outdoor recreational playground and nature play spaces that will encourage the community's children to be physically active. Grantee Organization: Checks to be Made Payable to: Eagle County Housing&Development Authority Eagle County Housing&Development Authority 4923 Lake Creek Village Drive#10-101 4923 Lake Creek Village Drive#10-101 Edwards, CO 81632 Edwards, CO 81632 Tax Identification Number: Amount of Grant Awarded: Period for Which Support is Granted: $150,000 over a 12-month period From 3/1/2015 Through 2/29/2016 Contingencies: Special Provisions: Grantee will allow a TCHF consultant access to the project throughout the grant period to complete pre and post pictures and/or _ videos of the project.The grantee or consultant will obtain prior client releases for publication purposes. Intended Measurable Results to be Reported on: Increase number of children and adults who have convenient access to active play spaces and safe,active transportation by 400 Expected Intermediate Milestones: ECHDA will complete the following intermediate milestones: -Complete sitework and installation of new playground and nature play areas targeting children in the birth-12 age range(December 2015) -Conduct SOPARC data collection effort and report findings to the Foundation(Annual) -When reporting back to the Foundation,please share the ways in which you incorporated community engagement into your planning efforts and playground design and how the new play space was activated to ensure use. Please also share any major lessons learned including successes and challenges related to community engagement and activation. Payment and Requirements Schedule: Requirement Due Date Requirement Payment Amount Approximate Payment Schedule 3/5/2015 Signed Grant Agreement $150,000 3/12/2015 3/31/2016 Final Report Payments are contingent upon receipt and approval of the associated requirements. The Foundation requests that you provide your reports using the format found at www.coloradohealth.org. Grant ID#6474 - 1 - 501 South Cherry Street,Suite 1100 a Denver,CO 80246 TEL:303.953.3600 FAx:303.322.4576 www.ColoradoHealth.org t; 1 *Project Director **Grantee Organization Primary Contact (please correct the information below if necessary) (please correct the information below if necessary) Ms.Jill Klosterman Ms.Jill Klosterman Executive Director Executive Director Eagle County Housing&Development Authority Eagle County Housing&Development Authority 4923 Lake Creek Village Drive#10-101 4923 Lake Creek Village Drive#10-101 Edwards, CO 81632 Edwards, CO 81632 *The project director is the individual directly responsible for developing the proposed activity, its implementation,and day-to-day direct supervision of the project. **The organization primary contact is the CEO/Executive Director of the grantee organization. Grant ID#6474 -2- The Colorado Health Foundation is awarding this Grant to the above named organization ("Grantee")and Grantee agrees to,the following: 1. Tax Exempt Status, Grantee represents that: a. To provide current and appropriate documentation if organization is a government supported agency, such as school, museum, library or government agency or department. b. To provide The Colorado Health Foundation with immediate written notification of any changes in the organization's tax-exempt status. 2. Expenditure of Funds This Agreement (together with any income earned upon investment of Grant funds) is made for the purpose outlined herein and may not be expended for any other purpose without The Colorado Health Foundation's prior written approval. Expenditures of Grant funds must adhere to the specific line items in the attached Grant Budget. If the grant is greater than $50,000, changes to individual line items (increases and decreases)that are greater than 25%of that line item and greater than $1,000 must be requested in writing to The Colorado Health Foundation Grants Director and approved in writing by Foundation staff. Requests should be submitted using the form and instructions found at www.ColoradoHealth.org in the "For Grantees" section. If the Grant is intended to support a specific project or for a specific period, any portion of the Grant unexpended at the completion of the project or the end of the period specified above on Page 1 (the "Grant Period") shall be returned immediately to The Colorado Health Foundation. With prior written approval from The Colorado Health Foundation the Grant Period may be extended in order to reach the anticipated outcomes. Requests should be submitted using the form and instructions found at www.ColoradoHealth.org in the "For Grantees" section. 3. Prohibited Use of Funds Grantee will not permit any Grant funds or income derived from such funds to be used for "political expenditures" as defined in Section 4955 of the Code, including but not limited to participation or intervention in a political campaign for a public office. This grant is not in any way earmarked to support or carry on any lobbying or voter registration drive. Grantee hereby reaffirms that the project's current budget, attached to this grant agreement, accurately reflects Grantee's present intention to expend at least the amount of this grant on project non-lobbying and non-voter registration activities in Grantee's current fiscal year. Grantee represents that it is knowledgeable about Executive Order 13224 and the USA Patriot Act of 2001 and Grantee will not permit any Grant funds or income derived from such funds to be expended or re-granted so as to benefit any person or organization with ties to terrorists. Grant ID#6474 _3- 4. No Assignment or Delegation Grantee may not assign or otherwise transfer its rights or delegate any of its obligations under this Agreement without the prior written approval of The Colorado Health Foundation. 5. Records and Reports Grantee must keep a record of all receipts and expenditures relating to this Agreement and to provide The Colorado Health Foundation with a written report summarizing the project promptly following the end of the Grant Period. The Colorado Health Foundation may also require interim reports. Grantee reports should describe progress achieving the Grant Purposes (including progress toward measurable results and intermediate milestones outlined above on Page 1) and include a detailed accounting of the uses or expenditure of all Grant funds. Grantee also agrees to provide any other information reasonably requested by The Colorado Health Foundation. If Grantee obtains any audited financial statements covering any part of the period of this Agreement, copies of such statements shall be provided to The Colorado Health Foundation promptly after receipt. Grantee must keep the financial records with respect to the Grant and this Agreement, along with copies of any reports submitted to The Colorado Health Foundation, for at least four years following the year in which all Grant funds are fully expended. 6. Required Notification Grantee must provide The Colorado Health Foundation with immediate written notification of: (1) its inability to expend the Grant funds for the Grant Purposes; or (2) any expenditure of Grant funds for any purpose other than the Grant Purposes; and, (3)any other breach by Grantee of this Agreement. 7. Reasonable Access for Evaluation and Oversight The Colorado Health Foundation incorporates evaluation into its charitable grant-making so that it and the Grantee can understand the impact of the Grant and how to improve the impact of the charitable grant-making moving forward, and for the benefit of other Grantees and for the State of Colorado. As a condition to the receipt of this Grant, Grantee agrees to comply with and to participate in any requests from The Colorado Health Foundation to conduct an evaluation of the effectiveness of this grant(the "Evaluation") either individually with the Grantee or with multiple grantees as part of a broader strategy of The Colorado Health Foundation, including but not limited to follow-up reporting and/or additional activities above and beyond those listed in the Payment and Requirements section of this Agreement. Grantee will permit The Colorado Health Foundation and its representatives, at its request,to have reasonable access during regular business hours to its files, records, accounts,personnel and clients, or other beneficiaries for the purpose of making such financial audits, verifications, or program evaluations as The Colorado Health Foundation deems necessary or appropriate concerning the Grant and to discuss Grantee's programs, procedures and operations with Grantee's personnel. Grant ID#6474 _4- 8. Research Involving Human Subjects: If the Grant is to be used in whole or in part for research involving human subjects, Grantee hereby certifies that Grantee, applying the ethical standards and the criteria for approval of grants set forth in its Internal Review Boards and professional oaths, has determined that the human subjects involved in this Grant will not experience risk over and above that involved in the normal process of care and are likely to benefit from the proposed research program. 9. Publicity: The Colorado Health Foundation encourages Grantee to publicize information concerning the Grant in the Grantee's newsletters, annual reports, press releases, Web-site and other relevant media. Grantee will obtain the prior written approval of The Colorado Health Foundation prior to releasing or publicizing such information. The Colorado Health Foundation welcomes any photographs relevant to the Grant for The Colorado Health Foundation's use. Photos must have prior client releases (if applicable) for publication purposes. Without further notice to or consent from Grantee, The Colorado Health Foundation may include information regarding this Agreement and/or Grant, the amount and purpose of the Grant and photographs, logo or trademark, and other published/printed information or materials (provided by Grantee) and its activities, in The Colorado Health Foundation's periodic public reports, newsletters, Web-site and news releases. 10. Colorado Charitable Solicitations Act Grantee represents that it is aware of and in compliance with the Colorado Charitable Solicitations Act governing fundraising in Colorado. 11. Right to Modify or Revoke The Colorado Health Foundation reserves the right to discontinue, modify or withhold any payments to be made under this Agreement or to require a total or partial refund of any Grant funds if, in The Colorado Health Foundation's sole judgment , such action is necessary or prudent: (1) because the Grantee has not fully complied with the terms and conditions of this Agreement; (2)to protect the purpose and objectives of this Agreement or any other charitable interest of The Colorado Health Foundation; or(3)to comply with the requirements of any law or regulation applicable to Grantee, The Colorado Health Foundation, or this Grant. 12. Termination The Colorado Health Foundation's obligations under this Agreement shall automatically terminate in the event of the insolvency, receivership, bankruptcy filing, or dissolution of Grantee. Grant ID#6474 -5- p In addition to its right of revocation under Paragraph 11 above, The Colorado Health Foundation may terminate this Agreement at any time by giving Grantee at least 30 days of written notice. Upon termination of this agreement for any reason, all payments by The Colorado Health Foundation to Grantee shall cease at such time as may be determined by The Colorado Health Foundation. Termination or revocation of this Agreement by The Colorado Health Foundation will not terminate Grantee's obligations under this Agreement with respect to Grant funds expended or otherwise not returned to The Colorado Health Foundation. Grantee's obligations under Paragraphs 5, 7, 9 and 16 shall also survive termination of this Agreement. 13. Special Conditions and Reporting Grantee will submit reports to The Colorado Health Foundation according to the reporting schedule set forth on page one of this Agreement. 14. Amendment This Agreement may be amended, supplemented or extended only by written communication signed by The Colorado Health Foundation. 15.No Partnership Agency or Third Part Beneficiaries Nothing contained in this Agreement shall create or be deemed to create a partnership or agency between The Colorado Health Foundation and Grantee and nothing contained in this Agreement shall be deemed to give rise to any rights or benefits to third parties not a party to this Agreement. 16. Intellectual Property (a) Grantee represents and warrants that it owns or has the right to use all intellectual property that will be employed by Grantee or its agents in the performance of this Agreement, including without limitation, Grantee's obligations under subsection (c) below. (b) All works and matters created or discovered through the performance of this Agreement, including but not limited to, implementation methodologies, best practices guides and training curricula(the "Work"), are owned by the Grantee provided, however,that the Work may be used by Grantee only in furtherance of charitable purposes (i.e., activities recognized by the IRS as charitable and not resulting in "unrelated business taxable income"as defined in Section 512 of the Code), unless otherwise agreed in writing by The Colorado Health Foundation. (c) Grantee hereby grants to The Colorado Health Foundation a nonexclusive, irrevocable,perpetual, worldwide, fully transferable, royalty-free license to (i)the Work, to make, use, sell, license to others, reproduce, create derivative works of, publish, republish, distribute,perform and display the Work in any current or future form and for any purpose in furtherance of charitable purposes, and (ii) any other intellectual property incorporated into or used in connection with the Work to the extent reasonably necessary to enable The Colorado Health Foundation to use and practice the licensed Work. The license herein granted to The Colorado Health Foundation shall vest without any further action on the part of Grantee. Without the prior written consent of The Colorado Health Foundation, Grant ID#6474 _6- • Grantee will not enter into any agreement with a third party that would restrict Grantee's ability to perform its obligations under this subsection (c). 17. Disclaimer Nothing contained herein, including the required reporting and review procedures, shall be construed as a warranty, representation, or approval by The Colorado Health Foundation that the services rendered by Grantee are adequately or properly rendered on either an individual or program-wide basis. Grantee shall have sole responsibility for all damages, costs, fines, attorneys' fees, or liabilities of any kind or nature arising from any claims, demands or suits resulting from the Grantee's performance or failure to perform under this Agreement. 18. Controlling Document The terms and conditions of this Agreement shall be the controlling document between The Colorado Health Foundation and Grantee. All verbal communication, notes, minutes or other documentation of The Colorado Health Foundation shall be deemed merged into this Agreement. In making this Grant, The Colorado Health Foundation has relied on the information and representations submitted to The Colorado Health Foundation by Grantee and Grantee represents that all such information and representations are true and complete. 19. Future Funding Grantee acknowledges that, except as expressly provided in this Agreement, The Colorado Health Foundation has no obligation to Grantee with respect to any additional or future funding. [Signature Page Follows] Grant ID#6474 _7_ Kelly kin Date Vice President, Philanthropy The Colorado Health Foundation The undersigned certify that they are duly authorized officers of Grantee and, as such, are authorized to accept this contract on behalf of Grantee, to obligate the Grantee to observe all of the terms and conditions placed on this Agreement, and in connection with this Agreement to snake, execute, and deliver on behalf of the Grantee all agreements, representations, receipts, reports, and other instruments of every kind. ACCEPTED A D AGREED TO: gtl(� im 16 - CEO /Executive DAbctor of Eagle County Housing & CEO /Executi c Director (signature) Authority (typed/printed name) �q . t 1 Date Grant ID #6474 -8- Organization Name: Eagle County Housing& Development Authority Project Title: Lake Creek Village Apartments-Creating A Healthy Community Request ID: 6474 Proposal Expenses Approved Budget Year 1 Year 2 Year 3 Total Direct Costs General Operating -- $ - Program/Project $ - Personnel $ - Programming/Project Costs $ - Administrati\,e costs related to program $ - Capital $ 150,000.00 $ 150,000.00 Total Direct Costs $ 150,000.00 $ - $ - $ 150,000.00 Other Costs Cons ultants -_ $ - Other __ $ - Fiscal Sponsor's Fee (If applicable) $ - Indirect Costs (Max 10%) $ - Total Other Costs $ - $ - $ - $ - GRAND TOTAL $ 150,000.00 $ - $ - $ 150,000.00