No preview available
HomeMy WebLinkAboutC16-216 The Colorado TrustA ,l fitalth THE COLORADO TRUST f.,' ttr u i 1l' !'b un t{a t i o ri 1600 SHERMAN STREET DENVER, CO 80203-1604 WWW. CO LO RADOT R U ST.O RG pHoNE 303-837-1200 TOLL FREE 888.847-9140 FAX 303-859-9034 GRANT CONTRACT Grantor THE COLORADO TRUST (THE TRUST) 1600 Sherman Street Denver, CO 80203-1604 Date: Grant Number: Title: Project Lead: Phone Number: Email Address: Period: Amount of Grant: Grantee Eagle County Public Health and Environment P.O. Box 660 551 Broadway Eagle, Colorado, 81631 June7,2016 r604-2126 Health Equity Learning Series 4.0 Meghan King (e70) 328-8819 meghan.king @ eaglecounty.us June I ,2016 - June 30,2017 $12000.00 Report Schedule: Payment Schedule: The release of payments is contingent upon the timely receipt and subsequent approval of reports unless otherwise stated in this Contract. r'- -IndiaiiriiJnii : Amoniii -:Pav On <iiAboria' :1 "- ' ----' '$tz,ooo.iin- -: IunatS,ZOfo l Ea gi;effi m m lssioners' office C16-216 ir"riJiJiolii aiJnii4aa llriw- .vvrirrirUi 7 uiwiriuJi. uuo rltl9 ia$O anO tne UenCfaf LOnOltfOnS.ln a00lu0n, lne Grantee Guidelines and all amendments, supplements and extensions to any of the foregoing when approved in writing by The Trust and Grantee are incorporated by reference and made a part of this contiact. Capilahzed terms used in this Contract arc defined in the General Conditions. The terms and conditions of this Contract are hereby accepted and agreed to by The Trust and Grantee to be effective upon execution below by both parties. IN WITNESS WHEREOF, the parties have executed this Contract. THE COLORADO TRUST, As Grantor sv, (3-r( t( Authorized Officer (Print Name) Vice President & cFo Director of community partnerships and Grants Title EFFECTIVE DATE: (Date of signing by Grantor) // oate of sienineay crantee: ( h{/// 6/L4/201.6 Eagle County Public Health and Environment, (Signature) Title ri"uriri{hn- i--vrivi r ivrip.' 1. DEFINITIONS. When used in this Contract, the following capitalized terms shall have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended from time to time, and the rules. regulations and judicial decisions pertaining thereto. "Grant" means the funds specified on the Title Page to be disbursed under the terms of this Contract. "Grantee" means the entity identified as Grantee on the Title Page. "Grantee Guidelines" or "Guidelines" means the written document by that name provided to Grantee and attached hereto as Exhibit A, which includes rules and regulations Grantee is obiiged to comply with during the course of this Contract. "Period" means the Period specified on the Title Page. 2. UNAUTHORIZED USE OF GRANT. This grant is not in any way earmarked to support or carry on any lobbying or voter registration activity. No part of the Grant may be used, charged or eipended foiindirecl cost recovery. 3. GRANTEE TAX STATUS. Grantee represents that it has furnished The Trust full and complete information regarding its tax status. It is expressly agreed that if there is a change or challeng:e in Grantee's tax status it is Grantee's responsibility to immediately notify The Trust in writing. 4. CHARITABLE SOLICITATIONS ACT. Grantee represents that it is aware of and in compliance with the Colorado Charitable Solicitations Act governing fundraising in Colorado 5. TERMINATION OF THE TRUST'S OBLIGATIONS UNDER THE CONTRACT. The Trust, at its sole option, may terminate its obligations under this Contract at any time if in The Trust's judgment: (i) Grantee becomes unable to carry out the purposes of the grant, ceases to be an appropriate-means of accomplishing the purposes of the Grant, or fails to comply with any of the terms or conditions of this Contract; or Qi) performance of its obligations could subject The Trust to taxes or other payments under Chapter 42 of the Code or to penalties or fines of any kind, or could jeopardize The Trust'i tax exempt status or benefits under federal or state law. The obligations of the parties under Paragraphs 3,7 and 9 (c) shall survive termination of this Contract. CONFIDENTIALITY. Grantee acknowledges that in the performance of this Agreement, Grantee may have access to informationihat is private or confidential to, or a trade secret of, The Trust. Grantee agrees not to,disclose any such information (the "Confidential Information") to any third party without the specific written authorization of The Trust, regardless of the form or format in whiih, or means by which, Grantee becomes aware of such information. For the purposes of this Agreement, Confidential Iniormation shall not include information that is in the public domain unrelated to aCtions by Grantee or information that Grantee has obtained in good faith from legal sources other than The Trust. Grantee agrees to take whatever measures are reasonably necessary to ensure that the employees, independent coritractors and agents of Grantee are personally bound to maintain the Confidential Information in the same manner as Grantee. Grantee agrees that breach of confidentiality would result in irreparable harm to The Trust and all equitable remedies, including injunctive relief and recovery of attorneys' fbes, shall be available to The Trust for any breach or threatened breach of confidentiality by or through Grantee. Notwithstanding anything_to the contrary contained herein, the Parties hereto acknowledge that Grantee is a governmental entity subjec_t to the requirements of the Colorado Open Records Act (CORA). The Parties agree that nothing shall preclude Grantee from disclosing public records that may be in its custody or control during the course of this Agreement as may be required under CORA and that no such disclosure shall be deem6d a breach of confidentiality.under this Agreement. BESEARCH' EVALUATION AND MONITORING. The Trust may actively evaluate and monitor the Grant through periodic reporting requirements and site visits. In addition, from time to time The Trust may engage independent consultants or firms to conduct specific evaluation, monitoring or research. Grantee agrees to participate in any research activities requested by The Trust. NO OBLIGATION TO THIRD PARTIES; NO ASSIGNMENT. The Trust expressly disclaims any oblisation to emolovees or indeoendent contractors hired or ensased bv Grantee to assist Grantee in 6. 7. 8. - v-afitiir6 virl-rrj vvirgcriwrio uuuwi irilo-UvriurovL. -DmpfOym9nt Of engagement Of SUCII [Ilff0 paftfes lS fCleITeO to in this paragraph as I'engagement.rl If Grantee elects to engage third parties for such pu{pose, Grantee will: (i) notify third parties that their engagement is subject to the terms and conditions of this Contract, particularly the right of The Trust to terminate its obligations under this Contract and discontinue funding; (ii) include the following language in any written agreement between Grantee and any third party: "[third party] hereby acknowledges that [Grantee]'s rights under this agreement are subject to all the terms and conditions of a Grant Contract with The Colorado Trust ("The Trust"). [Third party] particularly understands that The Trust has the right to terminate its obligations under the Grant Contract and discontinue funding. [Third party] agrees that The Trust has no obligation whatsoever to [third party] for any monies payable to [Grantee] under the Grant Contract and [third party] agrees to look solely to [Grantee] for payment of any claims [third party] may have."; and (iii) hold The Trust harmless from any and all claims of third parties arising from or relating to the Grant, this Contract or Grantee's agreement with any third party. The Trust and Grantee agree that they are the sole parties to this Contract and no third party shall become a third party beneficiary of this Contract. Grantee may not assign this Contract without the prior written consent of The Trust. 9. REPRESENTATIONS OF GRANTEE; COMPLIANCE WITH LAWS, RULBS AND REGULATIONS; INSURANCE; GOVERNING LAW. By signing this Contract, Grantee represents that a. Grantee is in compliance with and, at all times will continue to be in compliance with, all laws, rules, and regulations of the United States and of the State of Colorado that are applicable to Grantee, including but not limited to: (i) the Code; (ii) Title VI of the Civil Rights Acr of I96a; (111) Title IX of the Education Amendments Act of 1972; (iv) Section 504 of the Rehabilitation Act of 1913:.9v) the Age Discrimination Act of 1975; and (vi) the Americans With Disabilities Act of 1990; [Grantee may explain in a separate written documcnt the reason(s) it believes it is exemptfrom compliance with any of these laws and the written explanation will be included as a Special Condition applicable to the Grantl b. Grantee is knowledgeable about the Executive Order 13224 and the USA Patriot Act of 2001 and agrees that no part of the Grant will be expended or re-granted so as to benefit any person or organization with ties to terrorists. In order to serve the due diligence obligations of The Trust, Grantee shall provide a list of proposed recipients of re-granted funds for The Trust's prior approval. When requested, Grantee will provide current information concerning its activities and that of the recipients ofany re-granted funds; and c. At all times, Grantee will maintain adequate liability insurance covering all of its activities relating to the Grant. d. Grantee's representations are true and may be relied upon by The Trust. Grantee will immediately notify The Trust in writing if Grantee fails to comply with any provision of this Contract or if any representation of Grantee is no longer true. This Contract shall be construed and enforced accordine to the laws of the State of Colorado. Exhibit A TH CO TR RADO T "'l I IruIth llqui 11, l:"ittotrt*.til.ru General Support Grantee Guidelines As a grantee of The Colorado Trust you play an important role in helping The Trust accomplish its mission of achieving health equity for all Coloradans. These guidelines were developed to provide you with an effective tool for managing the business aspects of your grant. They are not intended to replace any of the terms of the grant contract or the close relationship that should exist between you and your Community Partner. If you have any questions, please contact your Partner at 303'837-1200. To the extent inconsistencies exist between the grant contract and this document, the terms of the contract shall supersede this document. Please submit all documents to The Trust to reports@coloradotrust.org with your grant number in the subject line of the email to ensure proper record of receipt (your grant number is on p. 1 of the grant contract). Documents will be forwarded to your Partner for review and approval. Reporting Requirements During the course of each grant contract year, grantees are required to submit various reports. The Partner determines the reporting schedule as stated on page one of the grant contract. You will receive a reminder email with detailed reporting instructions approximately one month before a report is due. Financial reports should contain a financial accounting which has been certified correct by the responsible financial official of your organization. Late reports will delay or ieopardize future payments or renewed funding. An organization that fails to provide the required reports on a grant may become ineligible for future funding from The Trust. Annual Audit Report Requirement In addition to the annual financial report, grantees receiving grants over $25,000 must submit an annual audit report or audited financial statements, along with the audit management letter if available. If a Grantee uses a Fiscal Agent to maintain the accounting records for this Contract, then audited financial statements and the related management letter of the Fiscal Agent may be submitted in lieu of Grantee financial statements. Grantees that do not use a Fiscal Agent and do not have audited financial statements must submit annual financial statements reviewed by an independent certified public accountant. All Grantees must also submit their annual 990 tax filing. These may be submitted in the form of an electronic link. Grant Payments The release of payments is contingent upon the timely receipt and subsequent approval of required reports unless otherwise stated in this Contract. Please refer to page one of this Contract for the payment schedule. GrantAmendments Grantees of The Trust are required to discuss with their Partner any significant changes prior to submitting a formal request. Formal requests must be submitted using the Request for Amendment form. All requests must include a narrative describing an estimate of the expected change in grant period and any'funding modifications that would result if the'amendment is granted. You will be notified by your Partner regarding the decision to approve or decline the E LOus Exhibit A request. If a request is approved, you will receive a Grant Amendment document that must be signed by an authorized officer ofyour organization and returned to The Trust. Amendments include the following: . No-cost Extension: If, at the end of the grant period, you expect to have a balance remaining, you must contact your Partner. Requests should be submitted at least 60 days prior to the original end date of the grant. Requests made after the end date will not be accepted. ' Re-assignment of Contract Any re-assignment of contract must be approved by The Trust. If the grant is being transferred to a different organization, the new grantee organization must submit the following: o A letter stating the organization's intention to assume responsibility for the gran! based on the approved application o The Application Summary Form o IRS determination letter o Proofoftransfer offunds. ' Early Termination: The Trust at its sole option, may terminate its obligations under the grant contract at any time if in The Trust's judgment: (i) Grantee becomes unable to carry out the purposes of the grant, ceases to be an appropriate means of accomplishing the purposes of the grant or fails to comply with any of the terms or conditions of the contract; or [ii) performance of its obligations could subject The Trust to taxes or other payments under Chapter 42 of the Code or to penalties or fines of any kind, or could jeopardize The Trust's tax exempt status or benefits under federal or state law.