HomeMy WebLinkAbout11289Docusign Envelope ID: 5AF15AB9-94C4-86E3-82CF-87A684103FOD
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Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Benjamin Valdez, Director of Transit
SUBJECT: AN ORDINANCE APPROVING, ACCEPTING, BUDGETING, AND
APPROPRIATING TWO CARING FOR COLORADO GRANTS, GRANT
NUMBER R-15904-25 FROM CARING FOR COLORADO
FOUNDATION, A COLORADO NONPROFIT CORPORATION, AND
GRANT NUMBER PFR-17046-26 FROM CARING FOR COLORADO
CENTENNIAL FUND, A COLORADO NONPROFIT CORPORATION,
THROUGH ITS SPERRY S. AND ELLA GRABER PACKARD FUND FOR
PUEBLO, AWARDS AND APPLICABLE CONDITIONS PERTAINING
THERETO, BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND SAID GRANTORS ESTABLISHING
PROJECT NUMBER BC2603, BUDGETING AND APPROPRIATING
$110,000, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached are Grant Awards R-15904-25 and PFR-17046-26 between the City of Pueblo
and Caring for Colorado Foundation and Caring for Colorado Centennial Fund, through
its Sperry S. and Ella Graber Packard Fund for Pueblo, for $110,000.
PREVIOUS COUNCIL ACTION:
No previous Council actions.
BACKGROUND:
The City of Pueblo was awarded two Caring for Colorado grants: one from Caring for
Colorado Foundation and one from Caring for Colorado Centennial Fund, through its
Sperry S. and Ella Graber Packard Fund for Pueblo, to fund the ongoing kids ride free
program currently operating in the City of Pueblo.
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FINANCIAL IMPLICATIONS:
This Ordinance requires no expenditure of City funds and imposes no cost on the City.
Neither grant requires a City match.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board recommends approval.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The alternative, should this Ordinance not pass, is for the City of Pueblo to not be able
to continue kids ride free transportation services.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. General Grant Agreement. signed (Caring for Colorado)
2. General Grant Agreement. signed (Packard)
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ORDINANCE NO. 11289
AN ORDINANCE APPROVING, ACCEPTING, BUDGETING, AND
APPROPRIATING TWO CARING FOR COLORADO GRANTS,
GRANT NUMBER R-15904-25 FROM CARING FOR COLORADO
FOUNDATION, A COLORADO NONPROFIT CORPORATION,
AND GRANT NUMBER PFR-17046-26 FROM CARING FOR
COLORADO CENTENNIAL FUND, A COLORADO NONPROFIT
CORPORATION, THROUGH ITS SPERRY S. AND ELLA
GRABER PACKARD FUND FOR PUEBLO, AWARDS AND
APPLICABLE CONDITIONS PERTAINING THERETO,
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND SAID GRANTORS ESTABLISHING
PROJECT NUMBER BC2603, BUDGETING AND
APPROPRIATING $110,000, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Awarding of the Caring for Colorado Grants to the City of Pueblo, Pueblo Transit,
true copies of which are attached hereto, are hereby approved and accepted in accordance with
their terms and conditions
SECTION 2.
The Mayor of the City is authorized to execute the Grant Award acceptances in the
name of and on behalf of the city, and the Mayor is authorized to execute any and all other
certifications, assurances and other documents associated therewith
SECTION 3.
Project Number BC2603 is hereby established, to the extent not already established,
and the sum of $110,000 from Caring for Colorado Foundation Grant R-15904-25 and Caring
for Colorado Centennial Fund Grant PFR-17046-26 is hereby budgeted and appropriated to
Project Number BC2603
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Award to effectuate the policies
and procedures described herein
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SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 28, 2026.
Final adoption of Ordinance by City Council on October 13, 2026. DocuSignedby:
President of City Council
Action by the Mayor:
E� Approved on
❑ Disapproved on
10/14/2026
based on the following objections:
ij
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of
on
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusignedby:
City Clerk
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PACKARD FUND
This Grant Agreement dated July 1, 2026 (this "Agreement") is between Caring for
Colorado Centennial Fund, through its Sperry S. and Ella Graber Packard Fund for
Pueblo, a Colorado nonprofit corporation (the "Grantor"), and City of Pueblo (the
"Grantee").
Preamble
Grantor is pleased to award the following grant (the "Grant") to Grantee for the
purposes described in Part 1 and Part 2 of the Grant Application submitted by Grantee
in connection with the Grant (the "Application").
Grant Number: PFR-17046-26
Grant Purpose:
Project/Program
Fare -Free Youth (the "Project")
Final Report
Grant Amount: $20,000.00
Grant Period: 12 months
Beginning: July 1, 2026
Ending: June 30, 2027
July 30, 2027
Agreement
By signing this Agreement, the parties agree to the following terms and conditions of
the Grant:
1. Purpose of Grant
Grantor is awarding the Grant for the general purpose achieving improvements in
the health of Colorado residents, and for the more specific purpose of providing
support for the Project described in Grantee's Application. Grantor must approve in
writing any change to the Grant purposes, or material change to the Project budget
that accompanied the Application.
A material change means any increase or decrease, individually or in the
aggregate, to an individual line item within the budget of 20% or more. Grantee may
request such changes from its Philanthropy Lead via Grantor's Online Grant Portal.
Grantee must promptly repay, upon Grantor's request, any Grant funds determined
by Grantor to have not been expended for the Grant purposes or in violation of this
Agreement.
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2. Grant Period:
Grantee must expend the Grant funds for the Grant purposes by the end of the
Grant Period identified in the preamble (the "Grant Period"). Grantor must approve
in writing any extension to the Grant Period, which Grantee may request from its
Philanthropy Lead via Grantor's Online Grant Portal. Grantor may require Grantee
to promptly repay to Grantor, upon Grantor's request, any Grant funds that remain
unexpended at the end of the Grant Period (subject to any pre -approved
extension).
3. Disbursement of Grant
Grantor will disburse the Grant in one lump sum on or about July 1, 2026 so long as
Grantee has returned a signed copy of this Agreement to Grantor, Grantee has
satisfied all funding conditions of the Grant set forth in Section 4, and Grantee is in
compliance with the terms and conditions of this Agreement at the time of payment.
4. Grant Restrictions:
A. Use of Grant Funds:
Grantee shall use the Grant funds exclusively for public purposes within the
meaning of Internal Revenue e ("I.R.C.") § 170(c)(1). No part of the Grant funds
may be used to participate or intervene in any political campaign on behalf of or
in opposition to any candidate for public office (within the meaning of I.R.C. §
501(c)(3)). Further, the Grant is not earmarked to support or engage in any
lobbying activity (within the meaning of I.R.C. § 501(c)(3)).
B. Compliance with General Laws:
Grantee shall ensure that all programs, projects, and operations funded in whole
or in part by the Grant are conducted in full compliance with all applicable
federal, state, and local laws, regulations, and ordinances.
C. Compliance with Anti -Terrorism Laws:
Grantee acknowledges that it is familiar with all applicable U.S. anti-terrorist
financing and anti -money laundering laws, including the USA Patriot Act of 2001,
Executive Order 13224, and the sanctions programs administered by the U.S.
Department of the Treasury's Office of Foreign Assets Control (OFAC). Grantee
shall expend all Grant funds in compliance with these laws. Grantee shall not
use the Grant funds, in whole or in part, either directly or indirectly, to benefit any
person or organization that is known to support or have ties to terrorism.
5. Grant Reporting and Oversight:
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H. MU12Ui LII Iy:
Grantee will provide to Grantor reports summarizing the results of the Grant, as
listed in and by the due dates specified in the preamble and/or Grantee's section
of the Online Grant Portal. Each report must include: a description of how the
Grant funds were spent; a summary of Grantee's progress made towards
accomplishing the purposes of the Grant; confirmation of Grantee's compliance
with the terms of this Agreement; and such other information as Grantor may
reasonably request or may be designated on Grantee's section of the Online
Grant Portal.
Reports must be submitted via the Online Grant Portal, Grantor will endeavor to
send Grantee an email reminder approximately one month before each report is
due; however, failure to provide such reminder will not relieve Grantee of its
reporting obligations.
In addition to the scheduled reports, to assist Grantor in overseeing the Grant,
Grantee agrees to provide any other information reasonably requested by
Grantor regarding the Grant or the programs, projects, or operations funded by
the Grant. If Grantee obtains any audited financial statements covering any
portion of the Grant Period, Grantee shall promptly provide copies to Grantor.
B. Evaluation:
Grantor may, at its own expense, monitor and evaluate the projects, programs,
and operations funded by the Grant. This may include site visits by Grantor
representatives to observe such activities and discussions with Grantee's
personnel. Grantor may also, at its own expense, invest in an independent
evaluation of the projects, programs, and operations funded by the Grant. In
connection with such evaluations, Grantee may be required to provide
organizational, programmatic, and financial data related to the Grant. Grantor
will share the results of any such evaluations with Grantee.
C. Books and Records:
Grantee must keep records of the funds received and expenses incurred under
the Grant for at least four years after the Grant funds have been fully spent.
Grantor may, at its own expense and on reasonable notice, audit Grantee's
books and records as they relate to the Grant.
6. Special Provisions:
Grantee accepts and agrees to comply with the special provisions of this
Agreement as set forth on the Addendum, which constitutes a part of this
Agreement.
7. Additional Covenants:
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H. INUI I-UI51.1 lit III IdLIUI I
Grantee and Grantor shall abide by all applicable local, state, and federal anti-
discrimination laws in hiring, employment practices, and when providing
services.
B. Research Involving Human Subjects:
If the Grant will be used in whole or in part to support research involving human
subjects, Grantee 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 such human subjects 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.
C. HIPAA Compliance:
If Grantee is a "Covered Entity" as defined in the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") and its implementing regulations,
Grantee shall comply with all applicable privacy, security, and breach notification
requirements under HIPAA with respect to any "Protected Health Information"
(as defined by HIPAA) created, received, maintained, or transmitted in
connection with this Grant. Grantee shall also implement and maintain
appropriate administrative, physical, and technical safeguards to protect the
privacy and security of such information.
8. Representations and Warranties:
Grantee represents and warrants, as of the Effective Date and throughout the Grant
Period, as follows:
1. Grantee is a governmental unit as defined in I.R.C. § 170(c)(1);
2. There is no issue, audit, or investigation presently before any office of the
Internal Revenue Service ("IRS") or any other governmental authority that would
affect Grantee's status as a governmental under I.R.C. § 170(c)(1);
3. The information and representations submitted by Grantee to Grantor in the
Application and any other written or electronic communication describing the
terms of the Grant were true and complete when made and continue to be true
and complete.
9. Required Notifications:
Grantee shall immediately notify its Philanthropy Lead via Grantor'sOnline Grant
Portal Grantor if:
1. Grantee becomes aware of any change in, or any issue, audit, or investigation
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reiauny LU Its SLdLus as d ywernrnenLal unit under I.R.C. § 170(c)(1); or
2. Grantee has any reason to believe it is no longer able to expend the Grant funds
as contemplated by this Agreement and the Application, or otherwise achieve
the purposes of the Grant;
3. Grantee becomes aware that any representations or warranties made in this
Agreement, the Application, or any other written or electronic communication
describing the terms of the Grant were incorrect when made; and
4. Grantee becomes aware of any breach of this Agreement.
10. Revocation or Suspension of Grant Payments:
Grantor reserves the right to immediately discontinue, modify, or withhold any
Grant payments, or to require a total or partial refund of any Grant payments made,
if:
1. Any material representation or warranty made by Grantee in this Agreement, the
Application, or any other written or electronic communication related to the terms
of the Grant was incorrect when made;
2. Grantee has not fully complied with the material terms and conditions of this
Agreement;
3. Grantor determines, in good faith, such action is necessary or prudent to protect
the purpose and objectives of the Grant, this Agreement, or any other charitable
interest of Grantor; or
4. Grantor determines, in good faith such action is necessary or prudent to comply
with the requirements of any law or regulation applicable to Grantee, Grantor, or
this Grant.
11. Termination of Agreement:
This Agreement, and Grantor's obligations hereunder, will automatically terminate
in the event of Grantee's insolvency, receivership, bankruptcy filing, or dissolution.
In addition to Grantor's right discontinue, modify, or withhold any Grant payments
under Subsection 8, Grantor may terminate this Agreement at any time by giving
Grantee at least 30 days of written notice. Similarly, Grantee may terminate this
Agreement at any time by giving Grantor at least 30 days of written notice.
Upon termination of this Agreement by either party for any reason, all payments by
Grantor to Grantee will cease at such time as may be determined by Grantor. Upon
termination of this Agreement by Grantee, Grantor may require a total or partial
refund of any Grant payments made to Grantee; provided, however, that Grantee
will not be required to refund any amounts spent for Grant purposes as referenced
in Section 1 hereof.
12. Effect of Expiration or Termination:
Revocation or suspension of grant payments, or expiration or termination of this
Agreement, will not terminate Grantee's obligations under this Agreement with
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re5pecL to Cram iunus expenueu or ounerwise not returned to Grantor.
Notwithstanding anything in this Agreement to the contrary, the provisions of this
Agreement requiring continued performance, compliance, or effect after expiration
or termination of this Agreement will survive and will be enforceable by each party if
the other party fails to perform or comply as required. Such provisions include, but
are not limited to, "Grant Reporting and Oversight" (Section 5); "Publicity" (Section
13); "Disclaimer" (Section 14); "Liability" (Section 15) provisions of this Grant
Agreement.
13. Publicity:
Grantor encourages Grantee to share information about the Grant on its website, in
newsletters, annual reports, and other relevant publications. Whenever possible,
any public statements referencing Grantor or its grantmaking activities should be
submitted in advance for review and approval to Grantee's Philanthropy Lead. Any
use of Grantor's trademarks or logo must have Grantor's prior written approval.
Grantor welcomes any photographs relevant to the Grant that Grantee may choose
to provide for Grantor's use. Grantee shall obtain prior written permission, including
a signed photo release, for any photograph depicting individuals or groups,
including clients, visitors, or bystanders, and must obtain consent from a parent or
legal guardian for any minors appearing in such photographs.
Grantor may include, without further notice, information regarding this Agreement
and the Grant, including the amount and purpose of the Grant, Grantee's name,
logo, trademarks, and photos and other materials provided by Grantee, in Grantor's
website, electronic communications, newsletters, news releases, and public
reports. However, Grantor will obtain Grantee's prior written approval before
publicly sharing sensitive or narrative information, such as Grantee's specific goals,
priorities, outcomes, or stories.
14. Disclaimer:
Nothing in this Agreement, including any reporting requirements or review
procedures, will be construed as a representation, warranty, or endorsement by
Grantor regarding the adequacy, propriety, or quality of any programs, projects,
activities, and operations funded by the Grant, whether evaluated on an individual
or program -wide basis. This Subsection will survive the expiration or termination of
this Agreement.
15. Liability:
To the fullest extent allowed by applicable law, Grantee shall be solely responsible
for its own acts, errors, and omissions, and those of its officers, employees, and
agents, arising directly or indirectly, in whole or in part, from or in connection with
the delivery of the programs, projects, activities, and operations funded by the
Grant. However, nothing in this paragraph shall be construed as a waiver or
limitation of any sovereign immunity, governmental immunity, or other legal
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protections dIIUIUeu LU LranLee unuui applicable law with respect to any claims
arising from such performance. Grantee's obligations under this Subsection will
survive the expiration or termination of this Agreement.
16. Authority to Execute and Perform:
The undersigned signatory of Grantee certifies that: (a) Grantee is duly formed,
validly existing and in good standing with the State of Colorado, and Grantee has
the necessary power, authority, and any required licenses or permits to enter into
this Agreement and to conduct the programs, projects, activities, and operations
being funded by the Grant; (b) Grantee has taken all actions required under its
governing documents and applicable law to authorize the execution and
performance of this Agreement; (c) Grantee's execution and performance of this
Agreement does not conflict with its governing documents, any applicable law, or
any other agreement or obligation to which it is bound; and (d) the undersigned is a
duly authorized officer or representative of Grantee and has fully authority to
execute this Agreement on behalf of Grantee, to legally bind Grantee to all of its
terms and conditions, and to execute and deliver all related representations,
certifications, reports, and instruments in connection with this Agreement.
17. Notices and Communications:
Except as otherwise provided in this Agreement (e.g., in provisions that instruct
certain notices or requests to be sent via Grantor's Online Grant Portal, all notices
and communications required under this Agreement must be in writing (including
email), and will be considered given when delivered personally to the recipient, sent
by e-mail to the recipient, with verification of delivery or receipt, sent to the recipient
by reputable overnight courier service, charges prepaid, with delivery confirmation,
or sent by registered or certified mail, charges prepaid, with return receipt
requested, addressed to the recipient at the following address, or such other
address as the recipient may have furnished to the other party in writing:
Grantor
Caring for Colorado Centennial Fund, through its Sperry S
and Ella Graber Packard Fund for Pueblo
Attn: Amy E. Latham, Executive Director
1635 W 13th Ave Suite 303
Denver, CO 80204
(720) 534-0770
grants@caringforcolorado.org
Grantee:
City of Pueblo
Attn: Heather
Graham
1 City Hall Place
Pueblo, CO 81003
719-553-2259
hgraham@pueblo.us
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18. Governing Law:
This Agreement will be governed by and construed in accordance with the laws of
Colorado.
19. No Assignment or Delegation:
ion:
Grantee may not assign or otherwise transfer its rights or delegate any of its
obligations under this Agreement without prior written approval from Grantor.
Subject to this limitation, this Agreement will be binding upon both parties and their
respective successors and permitted assigns.
20. Controlling Document:
The terms and conditions of this Agreement, together with the Cover Page and any
appendices, schedules, or exhibits hereto, is the controlling document between
Grantor and Grantee relating to the Grant. In the event of any inconsistency
between this Agreement, the Cover Page, and any schedules, addenda,
appendices, or exhibits hereto, the provisions of this Agreement will prevail. All
verbal communication, notes, minutes, or other documentation pertaining to the
Grant will be deemed merged into this Agreement.
21. Amendments. Waivers:
This Agreement may be amended, supplemented, or extended only by written
agreement signed by both parties hereto. Any failure by one party insist upon
adherence to any term of this Agreement, or any waiver by one party of a breach of
this Agreement by the other party, will not be considered a waiver or deprive that
party of the right thereafter to insist upon strict adherence to that term or any other
term in this Agreement.
22. No Third Party Beneficiaries:
Nothing in this Agreement, whether expressed or implied, is intended to confer any
rights or remedies under this Agreement on any person or party other than the
parties hereto, and their respective successors and permitted assigns.
23. Execution and Delivery:
Either or both parties may execute this Agreement in counterparts by signature of
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LII unyinai UI UdI 5rnivai UI d 5Iyneu copy by any electronic means in accordance
with the Colorado Electronic Signature Act, C.R.S. 24-71-101 et seq. by affixing an
electronic signature that complies with the requirements of the Colorado Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 et seq. for electronic signatures.
The parties have entered into this Agreement as of the effective date set forth
above.
Grantor
Caring for Colorado Centennial Fund,
through its Sperry S. and Ella Graber
Packard Fund for Pueblo
signed by:
By. aCQ736 72AC42� 5� 5
Amy E. Latham
Executive Director
Grantee:
City of Pueblo
signed by:
�G-0�t�Y' taY
By'�69AC�._.
Heather Graham
Mayor
Date: 7/10/2026 Date: 7/10/2026
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Schedule A
Installment Payment Dates and Requirements
Amount
Payable On/After
$20,000.00 July 31, 2026
GRANT AGREEMENT
Addendum
This Addendum supplements the Grant Agreement dated July 1, 2026 (this
"Agreement") is between Caring for Colorado Centennial Fund, through its Sperry
S. and Ella Graber Packard Fund for Pueblo, a Colorado nonprofit corporation (the
"Grantor"), and City of Pueblo (the "Grantee"). In the event of a conflict between the
provisions of this Addendum and the provisions of the Agreement, the provisions of
this Addendum will prevail.
1. Funding Conditions:
None
2. Special Provisions:
None
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Caring Colorado
This Grant Agreement dated July 1, 2026 (this "Agreement") is between Caring for
Colorado Foundation, a Colorado nonprofit corporation (the "Grantor"), and City of
Pueblo (the "Grantee").
Preamble
Grantor is pleased to award the following grant (the "Grant") to Grantee for the
purposes described in Part 1 and Part 2 of the Grant Application submitted by Grantee
in connection with the Grant (the "Application").
Grant Number: R-15904-25
Grant Purpose:
Project/Program
Fare -Free Youth (the "Project")
Interim Report
Interim Report
Final Report
Grant Amount: $90,000.00
Grant Period: 36 months
Beginning: July 1, 2026
Ending: June 30, 2029
July 30, 2027
July 28, 2028
July 30, 2029
Agreement
By signing this Agreement, the parties agree to the following terms and conditions of
the Grant:
1. Purpose of Grant
Grantor is awarding the Grant for the general purpose achieving improvements in
the health of Colorado residents, and for the more specific purpose of providing
support for the Project described in Grantee's Application. Grantor must approve in
writing any change to the Grant purposes, or material change to the Project budget
that accompanied the Application.
A material change means any increase or decrease, individually or in the
aggregate, to an individual line item within the budget of 20% or more. Grantee may
request such changes from its Philanthropy Lead via Grantor's Online Grant Portal.
Grantee must promptly repay, upon Grantor's request, any Grant funds determined
by Grantor to have not been expended for the Grant purposes or in violation of this
Agreement.
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2. Grant Period:
Grantee must expend the Grant funds for the Grant purposes by the end of the
Grant Period identified in the preamble (the "Grant Period"). Grantor must approve
in writing any extension to the Grant Period, which Grantee may request from its
Philanthropy Lead via Grantor's Online Grant Portal. Grantor may require Grantee
to promptly repay to Grantor, upon Grantor's request, any Grant funds that remain
unexpended at the end of the Grant Period (subject to any pre -approved
extension).
3. Disbursement of Grant
Grantor will disburse the Grant in one lump sum on or about July 1, 2026 so long as
Grantee has returned a signed copy of this Agreement to Grantor, Grantee has
satisfied all funding conditions of the Grant set forth in Section 4, and Grantee is in
compliance with the terms and conditions of this Agreement at the time of payment.
4. Grant Restrictions:
A. Use of Grant Funds:
Grantee shall use the Grant funds exclusively for public purposes within the
meaning of Internal Revenue e ("I.R.C.") § 170(c)(1). No part of the Grant funds
may be used to participate or intervene in any political campaign on behalf of or
in opposition to any candidate for public office (within the meaning of I.R.C. §
501(c)(3)). Further, the Grant is not earmarked to support or engage in any
lobbying activity (within the meaning of I.R.C. § 501(c)(3)).
B. Compliance with General Laws:
Grantee shall ensure that all programs, projects, and operations funded in whole
or in part by the Grant are conducted in full compliance with all applicable
federal, state, and local laws, regulations, and ordinances.
C. Compliance with Anti -Terrorism Laws:
Grantee acknowledges that it is familiar with all applicable U.S. anti-terrorist
financing and anti -money laundering laws, including the USA Patriot Act of 2001,
Executive Order 13224, and the sanctions programs administered by the U.S.
Department of the Treasury's Office of Foreign Assets Control (OFAC). Grantee
shall expend all Grant funds in compliance with these laws. Grantee shall not
use the Grant funds, in whole or in part, either directly or indirectly, to benefit any
person or organization that is known to support or have ties to terrorism.
5. Grant Reporting and Oversight:
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A. Reporting:
Grantee will provide to Grantor reports summarizing the results of the Grant, as
listed in and by the due dates specified in the preamble and/or Grantee's section
of the Online Grant Portal. Each report must include: a description of how the
Grant funds were spent; a summary of Grantee's progress made towards
accomplishing the purposes of the Grant; confirmation of Grantee's compliance
with the terms of this Agreement; and such other information as Grantor may
reasonably request or may be designated on Grantee's section of the Online
Grant Portal.
Reports must be submitted via the Online Grant Portal, Grantor will endeavor to
send Grantee an email reminder approximately one month before each report is
due; however, failure to provide such reminder will not relieve Grantee of its
reporting obligations.
In addition to the scheduled reports, to assist Grantor in overseeing the Grant,
Grantee agrees to provide any other information reasonably requested by
Grantor regarding the Grant or the programs, projects, or operations funded by
the Grant. If Grantee obtains any audited financial statements covering any
portion of the Grant Period, Grantee shall promptly provide copies to Grantor.
B. Evaluation:
Grantor may, at its own expense, monitor and evaluate the projects, programs,
and operations funded by the Grant. This may include site visits by Grantor
representatives to observe such activities and discussions with Grantee's
personnel. Grantor may also, at its own expense, invest in an independent
evaluation of the projects, programs, and operations funded by the Grant. In
connection with such evaluations, Grantee may be required to provide
organizational, programmatic, and financial data related to the Grant. Grantor
will share the results of any such evaluations with Grantee.
C. Books and Records:
Grantee must keep records of the funds received and expenses incurred under
the Grant for at least four years after the Grant funds have been fully spent.
Grantor may, at its own expense and on reasonable notice, audit Grantee's
books and records as they relate to the Grant.
6. Special Provisions:
Grantee accepts and agrees to comply with the special provisions of this
Agreement as set forth on the Addendum, which constitutes a part of this
Agreement.
7. Additional Covenants:
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A. Non -Discrimination:
Grantee and Grantor shall abide by all applicable local, state, and federal anti-
discrimination laws in hiring, employment practices, and when providing
services.
B. Research Involving Human Subjects:
If the Grant will be used in whole or in part to support research involving human
subjects, Grantee 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 such human subjects 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.
C. HIPAA Compliance:
If Grantee is a "Covered Entity" as defined in the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") and its implementing regulations,
Grantee shall comply with all applicable privacy, security, and breach notification
requirements under HIPAA with respect to any "Protected Health Information"
(as defined by HIPAA) created, received, maintained, or transmitted in
connection with this Grant. Grantee shall also implement and maintain
appropriate administrative, physical, and technical safeguards to protect the
privacy and security of such information.
8. Representations and Warranties:
Grantee represents and warrants, as of the Effective Date and throughout the Grant
Period, as follows:
1. Grantee is a governmental unit as defined in I.R.C. § 170(c)(1);
2. There is no issue, audit, or investigation presently before any office of the
Internal Revenue Service ("IRS") or any other governmental authority that would
affect Grantee's status as a governmental under I.R.C. § 170(c)(1);
3. The information and representations submitted by Grantee to Grantor in the
Application and any other written or electronic communication describing the
terms of the Grant were true and complete when made and continue to be true
and complete.
9. Required Notifications:
Grantee shall immediately notify its Philanthropy Lead via Grantor'sOnline Grant
Portal Grantor if:
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I. LranLee U Urnes aware ui any mange in, or any issue, audit, or investigation
relating to its status as a governmental unit under I.R.C. § 170(c)(1); or
2. Grantee has any reason to believe it is no longer able to expend the Grant funds
as contemplated by this Agreement and the Application, or otherwise achieve
the purposes of the Grant;
3. Grantee becomes aware that any representations or warranties made in this
Agreement, the Application, or any other written or electronic communication
describing the terms of the Grant were incorrect when made; and
4. Grantee becomes aware of any breach of this Agreement.
10. Revocation or Suspension of Grant Payments:
Grantor reserves the right to immediately discontinue, modify, or withhold any
Grant payments, or to require a total or partial refund of any Grant payments made,
if:
1. Any material representation or warranty made by Grantee in this Agreement, the
Application, or any other written or electronic communication related to the terms
of the Grant was incorrect when made;
2. Grantee has not fully complied with the material terms and conditions of this
Agreement;
3. Grantor determines, in good faith, such action is necessary or prudent to protect
the purpose and objectives of the Grant, this Agreement, or any other charitable
interest of Grantor; or
4. Grantor determines, in good faith such action is necessary or prudent to comply
with the requirements of any law or regulation applicable to Grantee, Grantor, or
this Grant.
11. Termination of Agreement:
This Agreement, and Grantor's obligations hereunder, will automatically terminate
in the event of Grantee's insolvency, receivership, bankruptcy filing, or dissolution.
In addition to Grantor's right discontinue, modify, or withhold any Grant payments
under Subsection 8, Grantor may terminate this Agreement at any time by giving
Grantor at least 30 days of written notice. Similarly, Grantee may terminate this
Agreement at any time Grantee at least 30 days of written notice.
Upon termination of this Agreement by either party for any reason, all payments by
Grantor to Grantee will cease at such time as may be determined by Grantor. Upon
termination of this Agreement by Grantee, Grantor may require a total or partial
refund of any Grant payments made to Grantee.
12. Effect of Expiration or Termination:
Revocation or suspension of grant payments, or expiration or termination of this
Agreement, will not terminate Grantee's obligations under this Agreement with
respect to Grant funds expended or otherwise not returned to Grantor.
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Notwithstanding anything in this Agreement to the contrary, the provisions of this
Agreement requiring continued performance, compliance, or effect after expiration
or termination of this Agreement will survive and will be enforceable by each party if
the other party fails to perform or comply as required. Such provisions include, but
are not limited to, "Grant Reporting and Oversight" (Section 5); "Publicity" (Section
13); "Disclaimer" (Section 14); "Liability" (Section 15) provisions of this Grant
Agreement.
13. Publicity:
Grantor encourages Grantee to share information about the Grant on its website, in
newsletters, annual reports, and other relevant publications. Whenever possible,
any public statements referencing Grantor or its grantmaking activities should be
submitted in advance for review and approval to Grantee's Philanthropy Lead via
Grantor's Online Grant Portal. Any use of Grantor's trademarks or logo must have
Grantor's prior written approval.
Grantor welcomes any photographs relevant to the Grant that Grantee may choose
to provide for Grantor's use. Grantee shall obtain prior written permission, including
a signed photo release, for any photograph depicting individuals or groups,
including clients, visitors, or bystanders, and must obtain consent from a parent or
legal guardian for any minors appearing in such photographs.
Grantor may include, without further notice, information regarding this Agreement
and the Grant, including the amount and purpose of the Grant, Grantee's name,
logo, trademarks, and photos and other materials provided by Grantee, in Grantor's
website, electronic communications, newsletters, news releases, and public
reports. However, Grantor will obtain Grantee's prior written approval before
publicly sharing sensitive or narrative information, such as Grantee's specific goals,
priorities, outcomes, or stories.
14. Disclaimer:
Nothing in this Agreement, including any reporting requirements or review
procedures, will be construed as a representation, warranty, or endorsement by
Grantor regarding the adequacy, propriety, or quality of any programs, projects,
activities, and operations funded by the Grant, whether evaluated on an individual
or program -wide basis. This Subsection will survive the expiration or termination of
this Agreement.
15. Liability:
To the fullest extent allowed by applicable law, Grantee shall be solely responsible
for its own acts, errors, and omissions, and those of its officers, employees, and
agents, arising directly or indirectly, in whole or in part, from or in connection with
the delivery of the programs, projects, activities, and operations funded by the
Grant. However, nothing in this paragraph shall be construed as a waiver or
limitation of any sovereign immunity, governmental immunity, or other legal
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protections dIIUIUeu LU LranLee unuui applicable law with respect to any claims
arising from such performance. Grantee's obligations under this Subsection will
survive the expiration or termination of this Agreement.
16. Authority to Execute and Perform:
The undersigned signatory of Grantee certifies that: (a) Grantee is duly formed,
validly existing and in good standing with the State of Colorado, and Grantee has
the necessary power, authority, and any required licenses or permits to enter into
this Agreement and to conduct the programs, projects, activities, and operations
being funded by the Grant; (b) Grantee has taken all actions required under its
governing documents and applicable law to authorize the execution and
performance of this Agreement; (c) Grantee's execution and performance of this
Agreement does not conflict with its governing documents, any applicable law, or
any other agreement or obligation to which it is bound; and (d) the undersigned is a
duly authorized officer or representative of Grantee and has fully authority to
execute this Agreement on behalf of Grantee, to legally bind Grantee to all of its
terms and conditions, and to execute and deliver all related representations,
certifications, reports, and instruments in connection with this Agreement.
17. Notices and Communications:
Except as otherwise provided in this Agreement (e.g., in provisions that instruct
certain notices or requests to be sent via Grantor's Online Grant Portal, all notices
and communications required under this Agreement must be in writing (including
email), and will be considered given when delivered personally to the recipient, sent
by e-mail to the recipient, with verification of delivery or receipt, sent to the recipient
by reputable overnight courier service, charges prepaid, with delivery confirmation,
or sent by registered or certified mail, charges prepaid, with return receipt
requested, addressed to the recipient at the following address, or such other
address as the recipient may have furnished to the other party in writing:
Grantor
Caring for Colorado Foundation
Attn: Linda Reiner, President and CEO
1635 W 13th Ave Suite 303
Denver, CO 80204
(720) 534-0770
grants@caringforcolorado.org
Grantee:
City of Pueblo
Attn: Heather Graham
1 City Hall Place
Pueblo, CO 81003
719-553-2259
hgraham@pueblo.us
18. Governing Law:
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This Agreement will be governed by and construed in accordance with the laws of
Colorado.
19. No Assignment or Delegation:
ion:
Grantee may not assign or otherwise transfer its rights or delegate any of its
obligations under this Agreement without prior written approval from Grantor.
Subject to this limitation, this Agreement will be binding upon both parties and their
respective successors and permitted assigns.
20. Controlling Document:
The terms and conditions of this Agreement, together with the Cover Page and any
appendices, schedules, or exhibits hereto, is the controlling document between
Grantor and Grantee relating to the Grant. In the event of any inconsistency
between this Agreement, the Cover Page, and any schedules, addenda,
appendices, or exhibits hereto, the provisions of this Agreement will prevail. All
verbal communication, notes, minutes, or other documentation pertaining to the
Grant will be deemed merged into this Agreement.
21. Amendments. Waivers:
This Agreement may be amended, supplemented, or extended only by written
agreement signed by both parties hereto. Any failure by one party insist upon
adherence to any term of this Agreement, or any waiver by one party of a breach of
this Agreement by the other party, will not be considered a waiver or deprive that
party of the right thereafter to insist upon strict adherence to that term or any other
term in this Agreement.
22. No Third Party Beneficiaries:
Nothing in this Agreement, whether expressed or implied, is intended to confer any
rights or remedies under this Agreement on any person or party other than the
parties hereto, and their respective successors and permitted assigns.
23. Execution and Delivery:
Either or both parties may execute this Agreement in counterparts by signature of
the original or transmittal of a signed copy by any electronic means in accordance
with the Colorado Electronic Signature Act, C.R.S. 24-71-101 et seq. by affixing an
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eI IUnic signature tnat curnpiies wnn one requirements of the Colorado Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 et seq. for electronic signatures.
The parties have entered into this Agreement as of the effective date set forth
above.
Grantor
Caring for Colorado Foundation
DocuSigned by:
By: ( w
Linda Reiner, MPH
President and CEO
Grantee:
City of Pueblo
signed by:
By:
Heather Gram
Mayor
Date: 6/17/2026 Date: 6/17/2026
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4FLNI-I HGREEMENT
Schedule A
Installment Payment Dates and Requirements
Amount
Payable On/After
$90,000.00 July 17, 2026
GRANT AGREEMENT
Addendum
This Addendum supplements the Grant Agreement dated July 1, 2026 (this
"Agreement") is between Caring for Colorado Foundation, a Colorado nonprofit
corporation (the "Grantor"), and City of Pueblo (the "Grantee"). In the event of a
conflict between the provisions of this Addendum and the provisions of the
Agreement, the provisions of this Addendum will prevail.
1. Funding Conditions:
None
2. Special Provisions:
None