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
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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 -
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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.
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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-
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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
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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•
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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
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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.
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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-
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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
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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
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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-