HomeMy WebLinkAboutResolution 23, 2021CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $35,175 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE COLORADO HEALTH FOUNDATION
FOR ANDERSON PARK NATURE PLAY AREA PHASE II
WHEREAS, the City of Wheat Ridge was awarded a grant from the Colorado Health Foundation in the amount of $35,175 for phase II of the Anderson Park Nature Play Area; and
WHEREAS, the acceptance of the grant in the amount of $35,175 is subject to the
condition of execution of the attached agreement; and
WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these reimbursable expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that:
Section 1. The City of Wheat Ridge hereby authorizes the Mayor to sign the grant agreement with the Colorado Health Foundation
Section 2. A transfer of $35,175 is hereby approved from the Open Space Fund undesignated reserves to account 32-601-800-871 and the 2021 revenues are amended accordingly.
DONE AND RESOLVED this 10th day of May 2021.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Grant ID: 20061 -1 -
GENERAL, GRANTS TERMS, CONDITIONS, AND UNDERSTANDINGS
Title of Project:
Anderson Park Nature Play Area Phase II
Grant ID# 20061
Purpose of Project:
Implement phase II construction of the elementary school student-driven Anderson Park Nature Play Area, which saw phase I completed in 2020. Phase
II includes a star-shaped labyrinth, an ADA-access ramp and path, a raised deck for the outdoor classroom, bilingual informational and land
acknowledgement signage, additional landscaping, horticulture, and forestry work and a grand opening event.
Grantee Organization:
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
Checks to be Made Payable to:
City of Wheat Ridge
4005 Kipling Street
Wheat Ridge, CO 80033
Tax Identification Number:
Amount of Grant Awarded:
$ 35,175 over a 18-month period
Period for Which Support is Granted:
From May 01, 2021 Through October 31, 2022
Contingencies, if any:
Special Provisions, if any:3
1. Grantee agrees to allow the Foundation staff or consultants access to the project throughout the grant period to capture multimedia both pre- and post-
project. This multimedia would only be used by the Foundation to demonstrate impact of the grant. The Foundation will work with the grantee to obtain
any necessary client releases for distribution purposes.
2. Grantee agrees to install playground signage provided by the Foundation to acknowledge support of this grant funding.
Key Grantee Activities and Target Milestones:
1. Finalize design elements with stakeholders, including with students. (October 2021)
2. Contract for and build playground as designed. (May 2022)
3. Provide information about successes and challenges and utilization of the new infrastructure, including any relevant demographics related to
installation and usage, such as age, race/ethnicity, disability. (October 2022)
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 2 -
Intended Measurable Reach to be Reported on the Anticipated Number Served, if any:
Year 1 Anticipated Number Served: 3000
_________________________________________________________________________________________________________________________
Payment and Requirement Schedule
Requirement Due Date Requirement Payment Amount Approximate Payment
Schedule
May 25, 2021 Executed Agreement $35,175 May 27, 2021
December 01, 2022 Final Report
Payments are contingent upon receipt and approval of the associated requirements.
The Foundation uses an online system to receive reports and other requirements. Please visit www.coloradohealth.org for more information
_________________________________________________________________________________________________________________________
*Project Contact
(please correct the information below if necessary)
Susan Bennett
Environmental Interpreter
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
**Grantee Organization Primary Signatory
(please correct the information below if necessary)
Karen O'Donnell
Parks and Recreation Director
City of Wheat Ridge Parks and Recreation
4005 Kipling Street
Wheat Ridge, CO 80033
*The project contact is the individual directly responsible for developing the proposed activity, its implementation, and day-to-day direct supervision of
the project. The email associated with the project contact will be added to the Foundation’s email distribution list upon grant approval. To opt out of the
email distribution list please notify the Foundation by emailing grants@coloradohealth.org.
**The organization primary signatory is the CEO/Executive Director of the grantee organization.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 3 -
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. 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 intends 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.
4. Anti-Discrimination Expectations
Grantee will not willfully discriminate against a particular class of individuals and
will abide by all applicable local, state, and federal anti-discrimination laws in hiring,
employment practices and when providing services.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 4 -
5. 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.
6. 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 Key Grantee Activities and Target 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.
7. 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.
8. 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
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 5 -
Foundation deems necessary or appropriate concerning the Grant and to discuss
Grantee’s programs, procedures and operations with Grantee’s personnel.
9. 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.
10. Publicity:
The Colorado Health Foundation encourages Grantee to publicize information
concerning the Grant in the Grantee’s newsletters, annual reports, press releases,
website, social media and other relevant media. If the Grantee has received these
funds for “General Operating Support,” The Colorado Health Foundation expects to
be acknowledged as a sponsor for major events by the inclusion of The Colorado
Health Foundation’s logo in the event promotional materials and print collateral. For
more information and resources regarding the publicity of your grant, please visit
www.coloradohealth.org/communicating-about-your-grant.
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, on The Colorado
Health Foundation’s communications channels, such as blog posts, newsletters, press
releases, website and social media.
11. Colorado Charitable Solicitations Act
Grantee represents that it is aware of and in compliance with the Colorado Charitable
Solicitations Act governing fundraising in Colorado.
12. 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.
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 6 -
13. 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.
In addition to its right of revocation under Paragraph 12 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 6, 8, 10 and 16 shall also survive termination of this
Agreement.
14. 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.
The Colorado Health Foundation requires grantees to share any public opinion
research conducted with foundation funds. Public opinion research includes both
qualitative and quantitative methods to learn about the thoughts, perceptions, or
beliefs of the general public, including but not limited to focus groups, ethnography,
online surveys, and telephone polling. Grantees should plan to share the results of this
research, including findings and reports, with the foundation. The Colorado Health
Foundation will not share the research without permission from the grantee.
15. Amendment
This Agreement may be amended, supplemented or extended only by written communication signed by The Colorado Health Foundation.
16. No Partnership Agency or Third Party 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.
17. 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
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 - 7 -
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, 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).
18. 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.
19. 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.
20. 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.
21. Counterparts; Electronic Signature
This Agreement may be signed in multiple counterparts, which may be signed by the
parties separately, but together shall constitute a single agreement. The counterparts
of this Agreement may be executed and delivered by facsimile, email, other means of
electronic transmission, or other electronic signature and shall be deemed to have the
same legal effect as delivery of an original executed copy of this Agreement.
[Signature Page Follows]
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Grant ID: 20061 -8 -
_______________________________________ __________________
Amy Latham Date
Chief Impact Officer
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 make, execute, and deliver on behalf of the Grantee all agreements, representations,
receipts, reports, and other instruments of every kind.
ACCEPTED AND AGREED TO:
__________________________________________
CEO/Executive Director of City of Wheat Ridge (typed/printed name)
__________________________________________ __________________
CEO/Executive Director (signature) Date
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
Bud Starker, Mayor
May 10, 2021
DocuSign Envelope ID: 4316468E-9FE2-4DEF-BB94-DB401D209359
May 19, 2021