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HomeMy WebLinkAbout09631 ORDINANCE NO. 9631 AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO HEALTH FOUNDATION, ACCEPTING A GRANT IN THE AMOUNT OF $85,000 AND BUDGETING AND APPROPRIATING THE GRANT FUNDS INTO PROJECT NO. CO1902 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND RATIFYING HIS PRIOR SIGNATURE THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement (“Agreement”) between the Colorado Health Foundation (“Foundation”) and the City of Pueblo dated December 10, 2019, a copy of which is attached hereto and incorporated herein by this reference and having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver the Agreement in the name of the City and his prior signature to the Agreement is hereby ratified and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The Foundation grant funds in the amount of $85,000 are hereby budgeted and appropriated and shall be deposited into Project No. CO1902. SECTION 3. The officers and staff of the City are hereby authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. SECTION 4. 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 December 23, 2019. Final adoption of Ordinance by City Council on January 13, 2020. President of City Council Action by the Mayor: ☒ Approved on January 21, 2020 . ☐ Disapproved on based on the following objections: Mayor 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 ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 23, 2019 TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO HEALTH FOUNDATION, ACCEPTING A GRANT IN THE AMOUNT OF $85,000 AND BUDGETING AND APPROPRIATING THE GRANT FUNDS INTO PROJECT NO. CO1902 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND RATIFYING HIS PRIOR SIGNATURE THERETO SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign an Agreement (“Agreement”) with the Colorado Health Foundation (“Foundation”), accepting a grant in the amount of $85,000 from the Foundation and budgeting and appropriating the grant funds into Project No. CO1902. Due to time restrictions associated with the grant, Mayor Gradisar signed the Agreement on December 10, 2019. The Ordinance also ratifies the Mayor’s prior signature. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The purpose of the grant funds received from the Foundation is to enable the City to focus on research and development of a community-driven strategic plan to address food system and food access gaps in both the City of Pueblo and Pueblo County. The City is required to provide the Foundation with an implementation plan and associated strategies for ending hunger in Pueblo County. The City is the fiscal sponsor for the Pueblo Food Council which will be carrying out the activities in fulfillment of the purpose of the grant. FINANCIAL IMPLICATIONS: The amount of the grant is $85,000. No local match is required from the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the proposed Ordinance is not approved, the City will not receive grant funds from the Foundation. RECOMMENDATION: Approval of Ordinance. Attachments: Proposed Ordinance and Agreement with the Foundation DocuSign Envelope ID:8F596B87-6387-4465-A27B-DCE79FAC 1436 DocuSign Envelope ID:037A912F-E8FA-41A3-A122-5AC6A8856A0A ( .rod,` The Colorado health Foundation' GENERAL, GRANTS TERMS, CONDITIONS,AND UNDERSTANDINGS Title of Project: Pueblo Food Council Grant ID#15449 Purpose of Project: Focus on research and development of a community-driven strategic plan to address food system and food access gaps in the City and County of Pueblo, Colorado. Grantee Organization(Fiscal Sponsor): Checks to be Made Payable to: City of Pueblo City of Pueblo I City Hall Place I City Hall Place Pueblo,CO 81003 Pueblo,CO 81003 Tax Identification Number:84-6000615 Recommended Project of City of Pueblo: Pueblo Food Council 1 City Hall Place Pueblo,CO 81003 Amount of Grant Awarded: Period for Which Support is Granted: S85,000 over a 9-month period From December 15,2019 Through September 15,2020 Contingencies,if any: Special Provisions,if any: As part of this grant,Pueblo Food Council will participate as requested in CHF-provided technical assistance and peer-to-peer learning opportunities and in any evaluation ofCHF's Improving Community Food Systems funding opportunity. Expected Intermediate Milestones: PFC shall develop and provide to the Foundation for review an implementation plan that includes(at a minimum)an assessment of the food environment referencing selected goal(s)and associated strategies from the Colorado Blueprint to End Hunger -PFC shall identify and map a timeline of activities for each selected strategy -Include a description of coalition partners,their roles and commitments,including how those most impacted by food insecurity will he engaged throughout the project -Include a summary description of all resident-and/or neighborhood-led groups partnering with the effort and the neighborhoods within which they are focusing their work -Identify learning questions and assessment of what evidence will be needed to understand and track progress Grant ID: 15449 - I - DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6A8856A0A Intended Measurable Reach to be Reported on the Anticipated Number Served,if any: Payment and Requirement Schedule Requirement Due Date Requirement Payment Amount Approximate Payment Schedule December 12,2019 Executed Agreement $85,000 December 19,2019 January 15,2021 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 **Grantee Organization Primary Signatory (please correct the information below if necessary) (please correct the information below if necessary) Ms.Linda Tremblay Mr.Nick Gradisar Coordinator,Pueblo Food Project Mayor Pueblo Food Council City of Pueblo 1 City Hall Place 1 City hall Place Pueblo,CO 81003 Pueblo,CO 81003 *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/F.xecutive Director of the grantee organization(fiscal sponsor). Grant ID: 15449 .2. DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope 10:037A912F-EBFA-41A3-A122-5AC6A8856A0A 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. Grantee is: i. a non-profit organization recognized by the Internal Revenue Service("IRS") as a charitable organization described in Sections 501(c)(3) of the Internal Revenue Code of 1986 as amended(the"Code")and as a public charity described in Section 509(a)(I)or(2)of the Code or in Section 509(a)(3)of the Code if it is a Type I, Type H or Type IIT functionally integrated supporting organization as described in Section 4943(f)(5)(B) of the Code;or ii. where indicated in the grant application, as an organization recognized by the IRS as organization of the type described in 501(c)(4)of the Code but only if the Grant will be used for charitable purposes within it the meaning of Section 501(c)(3)of the Code and the Grantee agrees to comply with all requirements of the expenditure responsibility rules of Section 4945 of the Code. b. Such tax-exempt status under Sections 501(c)(3)and 509(a)(1), (2),or(3)of the Code (or Section 501(c)(4)of the Code, if applicable)has not changed since the issuance of the IRS determination letter that the Grantee provided to The Colorado Health Foundation in its grant application. c. There is no issue presently before any office of the IRS concerning any proposed changes in its tax-exempt status under Sections 501(c)(3)and(509)(a)(I),(2),or (3)of the Code(or under Section 501(c)(4)of the Code,if applicable). d. Grantee will provide current and appropriate documentation if it is a government supported agency,such as school, museum, library or government agency or department. e. Grantee will provide The Colorado Health Foundation with immediate written notification of any challenges to or changes in Grantee's tax-exempt status. f. If a public support test requirement to retain public charity status applies to your organization, as a public charity grantee of The Colorado Health Foundation, Grantee has ensured that this grant will not cause it to lose its status as a publicly supported charity. g. Grantee is serving as the fiscal sponsor for Pueblo Food Council regarding the Grant and Pueblo Food Council will be carrying out the activities in fulfillment of the Purpose of the Grant,as will be overseen and monitored by Grantee. Grant ID: 15449 -3- DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 1337A912F-EBFA-41A3-A 122-5AC6A8856AOA 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 arc greater than 25%of that line item and greater than$1,000 must he 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 W1/4w.Coloradol-lealtli.org olorado1-lealth.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 Nvww(oloradol le lth 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. Grantee will utilize the grant's proceeds only for charitable and educational activities consistent with its tax-exempt status described above. Without limiting the generality of the preceding sentence, Grantee will not intervene in any election or support or oppose any political party or candidate for public office,or engage in any lobbying not permitted by section 501(c)(3)of the IRC or, if applicable, IRC sections 501(h) and 4911. 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 tics to terrorists. Grant ID: 15449 -4 DocuSign Envelope ID:8F596B87-6387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6A8856A0A * ,-, 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. 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 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. 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 Grant ID: 15449 -5• DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6A6656A0A rga f'drr. 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. 9. Fiscal Sponsor Grantee is serving as the fiscal sponsor of Pueblo Food Council regarding the Grant, and maintains full discretion and control over the Grant funds. Grantee agrees to exercise appropriate oversight over Pueblo Food Council and over Pueblo Food Council's use of the Grant funding for charitable and/or educational purposes within the meaning of Section 501(c)(3)of the Code and of the sole purpose of fulfilling the Grant. Grantee acknowledges that it, not Pueblo Food Council, is the Grantee for purposes of this Agreement and for federal income tax purposes and agrees to take all actions necessary to recover any portion of the Grant from Pueblo Food Council not used consistently with this Agreement. 10. 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. 11. Publicity: The Colorado Health Foundation encourages Grantee to publicize information concerning the Grant in the Grantee's newsletters, annual reports,press releases, Website and other relevant media. Grantee will obtain written approval by The Colorado Health Foundation of any content promoting information related to the grant, the organization or Foundation staff prior to releasing or publicizing such information. If 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 promotion materials and print collateral. Grant ID: 15449 6 DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6A8856A0A N,. 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, Website and news releases. 12. Colorado Charitable Solicitations Act Grantee represents that it is aware of and in compliance with the Colorado Charitable Solicitations Act governing fundraising in Colorado. 13. 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. 14. 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 13 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, 11 and 18 shall also survive termination of this Agreement. Grant ID: 15449 .7. DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-SAC6A8856AOA 15. 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. 16. Amendment This Agreement may be amended, supplemented or extended only by written communication signed by The Colorado Health Foundation. 17. 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. 18. 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. Grantee shall indemnify and hold The Colorado Health Foundation, its directors, trustees,officers,employees,and agents harmless from all damages,costs, fines, attorneys' fees,or liabilities of any kind or nature arising from any claims, demands or suits resulting from Grantee's infringement of any third-party intellectual property rights. (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 to fulfill its charitable mission(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 its charitable mission,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 Grant 10: 15449 -8- DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6A8856A0A aY++A 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). 19.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 hold The Colorado Health Foundation, its directors, trustees,officers, employees,and agents harmless from all damages,costs, fines,attorneys' fees,or liabilities of any kind or nature arising from any claims,demands or suits resulting from Grantee's rendering or failure to render services. 20. 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. 21. 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. 22. 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] Grant ID: 15449 9 DocuSign Envelope ID:8F596B87-B387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID 037A912F-E8FA-41A3-A122-5AC6AB856AOA December 10, 2019 Amy Latham 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 make, execute, and deliver on behalf of the Grantee all agreements,representations, receipts, reports, and other instruments of every kind. ACCEPTED AND AGREED TO: /e/CAO/l S' AI:• L- 777-siccAS'CL1' CEO/Executive Director of (typed/printed name) 4404600,:f • Ap2//oh 9' CEO/Executive Director(signature) Date Grant ID: 15449 10 DocuSign Envelope ID:8F596B87-8387-4465-A27B-DCE79FAC1436 DocuSign Envelope ID:037A912F-E8FA•41A3-A122-5AC6A8856A0A GRANT INFORMATION Pueblo Food Council,a Organization Name project of City of Pueblo Reference Number G-15449 Grant Amount $85,000 Year One Total Description Budget Budget General Operating__ Personnel Programming/Project Cost - $500 $500 Administrative cost related to program v — Capital Consultants $84,500 $84,500 Fiscal Sponsor's Fee(if applicable) Other(if applicable) _ University Indirect Costs-max 10% Total $85,000 $85,000 Grant ID 15449 - 11-