HomeMy WebLinkAbout09793ORDINANCE NO. 9793
AN ORDINANCE APPROVING AN AGREEMENT WITH THE
COLORADO HEALTH FOUNDATION, ACCEPTING A
GRANT IN THE AMOUNT OF $200,000 AND BUDGETING
AND APPROPRIATING THE GRANT FUNDS INTO
PROJECT NO. CI2014, 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 September 16, 2020, 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.
SECTION 2.
The Mayor is authorized to execute and deliver the Agreement in the name of
the City, 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 3.
Project No. CI2014 is hereby established.
SECTION 4.
The Foundation grant funds in the amount of $200,000 are hereby budgeted and
appropriated and shall be deposited into Project No. CI2014.
SECTION 5.
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 6.
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 October 13, 2020 .
Final adoption of Ordinance by City Council on October 26, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on October 30, 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: October 13, 2020
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 $200,000
AND BUDGETING AND APPROPRIATING THE GRANT FUNDS INTO
PROJECT NO. CI2014, 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 $200,000 from the Foundation and budgeting and appropriating the grant funds into
Project No. CI2014. Due to time restrictions associated with the grant, Mayor Gradisar signed the
Agreement on September 16, 2020. 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 implement
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 report evaluating the chosen strategies for ending hunger and developing a local
food system in Pueblo County. The City is the fiscal sponsor for the Pueblo Food Project which
will be carrying out the activities in fulfillment of the purpose of the grant.
FINANCIAL IMPLICATIONS:
The amount of the grant is $200,000. 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:
Attachments:
Proposed Ordinance
Agreement with the Colorado Health Foundation
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
•
The Colorado I Icalth Foundation.
GENERAL, GRANTS TERMS, CONDITIONS, AND UNDERSTANDINGS
Title of Project:
Pueblo Food Council
Grant ID# 18768
Purpose of Project:
Focus on implementing a community-driven strategic plan to address the 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
1 City Hall Place 1 City Hall Place
Pueblo,CO 81003 Pueblo,CO 81003
Tax Identification Number: 84-6000615
Recommended Project of City of Pueblo:
Pueblo Food Council
t City Hall Place
Pueblo,CO 81003
Amount of Grant Awarded: Period for Which Support is Granted:
$200,000 over a 24-month period From October 01,2020 Through September 30,2022
Contingencies,if any:
Special Provisions,if any:
As part of this grant,the Pueblo Food Council and coalition partners will participate as requested in CHF-provided technical assistance and peer-to-peer
learning opportunities.The Pueblo Food Council and coalition partners are required to take part in any evaluation ofCHF's Improving Community Food
Systems funding opportunity.
Expected Intermediate Milestones:
Key intermediate milestones for the project are as follows:
Year 1
- Build upon/expand partnerships to measurably increase availability and access to fresh food in Pueblo
-Recruit SAME Cafe to Pueblo and begin implementation of workforce component
- Develop local food system support program in coordination with the Pueblo Economic Development Corporation(PEDCO)
-Develop and launch the PFP Local Farm and Food Business Support Program
-Increase food and farm literacy and education in public school district classrooms
-Develop PFP policy and advocacy infrastructure to educate and influence local and state authorities
-Year I progress report should include an update on implementation plan,with a specific focus on advancements made toward health equity,
engagement of those with lived experience,and coalition development.
Year 2
-Final report should include an update on implementation plan,with a specific focus on advancements made toward health equity,engagement of those
with lived experience,and coalition development.
Grant ID: 18768 - 1 -
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
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
•
September 21,2020 Executed Agreement $1 12,500 September 24,2020
October 01,2021 Progress Report $87,500 November 18,2021
October 31,2022 Final Report
Payments are contingent upon receipt and approval of the associated requirements.
The Foundation uses an online system to receive reports and other requirements.Please visit www.coloradohealth.org for more information
*Project Contact **Grantee Organization Primary Signatory
(please correct the information below if necessary) (please correct the information below if necessary)
Monique Marez 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/Executive Director of the grantee organization(fiscal sponsor).
Grant ID: 18768 -2-
DocuSign Envelope ID 45617A8A-ABF8-442A-8732-C5D27892CF3D
The Colorado Health Foundation is awarding this Grant to the above named organization
("Grantee")and Grantee agrees to,the following:
1. Tax Exempt Status, Grantee represents that:
a. To provide current and appropriate documentation if organization is a government
supported agency, such as school, museum, library or government agency or
department.
b. To provide The Colorado Health Foundation with immediate written notification
of any changes in the organization's tax-exempt status.
2. Expenditure of Funds
This Agreement(together with any income earned upon investment of Grant funds) is
made for the purpose outlined herein and may not be expended for any other purpose
without The Colorado Health Foundation's prior written approval. If the Grant is
intended to support a specific project or for a specific period,any portion of the Grant
unexpended at the completion of the project or the end of the period specified above
on Page 1 (the"Grant Period")shall be returned immediately to The Colorado Health
Foundation. With prior written approval from The Colorado Health Foundation the
Grant Period may be extended in order to reach the anticipated outcomes. Requests
should be submitted using the form and instructions found at
www.Coloradotlealth.org in the"For Grantees"section.
3. Prohibited Use of Funds
Grantee will not permit any Grant funds or income derived from such funds to be
used for"political expenditures"as defined in Section 4955 of the Code, including but
not limited to participation or intervention in a political campaign for a public office.
This grant is not in any way earmarked to support or carry on any lobbying or voter
registration drive. Grantee intends to expend at least the amount of this grant on
project non-lobbying and non-voter registration activities in Grantee's current fiscal
year.
Grantee represents that it is knowledgeable about Executive Order 13224 and the
USA Patriot Act of 2001 and Grantee will not permit any Grant funds or income
derived from such funds to be expended or re-granted so as to benefit any person or
organization with ties to terrorists.
4. Anti-Discrimination Expectations
Grantee will not willfully discriminate against a particular class of individuals and
will abide by all applicable local, state,and federal anti-discrimination laws in hiring,
employment practices and when providing services.
Grant ID: 18768 -3-
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
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
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
Grant ID: 18768 -4-
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5027892CF3D
Foundation deems necessary or appropriate concerning the Grant and to discuss
Grantee's programs, procedures and operations with Grantee's personnel.
9. Research Involving Human Subjects:
If the Grant is to be used in whole or in part for research involving human subjects,
Grantee hereby certifies that Grantee, applying the ethical standards and the criteria
for approval of grants set forth in its Internal Review Boards and professional oaths,
has determined that the human subjects involved in this Grant will not experience risk
over and above that involved in the normal process of care and are likely to benefit
from the proposed research program.
10. Publicity:
The Colorado Health Foundation encourages Grantee to publicize information
concerning the Grant in the Grantee's newsletters, annual reports, press releases,
Web-site 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.
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, Web-site and news releases.
11. Colorado Charitable Solicitations Act
Grantee represents that it is aware of and in compliance with the Colorado Charitable
Solicitations Act governing fundraising in Colorado.
12. Right to Modify or Revoke
The Colorado Health Foundation reserves the right to discontinue, modify or withhold
any payments to be made under this Agreement or to require a total or partial refund
of any Grant funds if, in The Colorado Health Foundation's sole judgment , such
action is necessary or prudent: (1)because the Grantee has not fully complied with
the terms and conditions of this Agreement; (2)to protect the purpose and objectives
of this Agreement or any other charitable interest of The Colorado Health Foundation;
Grant ID: 18768 -5-
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
or(3)to comply with the requirements of any law or regulation applicable to Grantee,
The Colorado Health Foundation, or this Grant.
13. Termination
The Colorado Health Foundation's obligations under this Agreement shall
automatically terminate in the event of the insolvency, receivership, bankruptcy filing,
or dissolution of Grantee.
In addition to its right of revocation under Paragraph 12 above, The Colorado Health
Foundation may terminate this Agreement at any time by giving Grantee at least 30
days of written notice. Upon termination of this agreement for any reason, all
payments by The Colorado Health Foundation to Grantee shall cease at such time as
may be determined by The Colorado Health Foundation.
Termination or revocation of this Agreement by The Colorado Health Foundation will
not terminate Grantee's obligations under this Agreement with respect to Grant funds
expended or otherwise not returned to The Colorado Health Foundation. Grantee's
obligations under Paragraphs 6, 8, 10 and 16 shall also survive termination of this
Agreement.
14. Special Conditions and Reporting
Grantee will submit reports to The Colorado Health Foundation according to the
reporting schedule set forth on page one of this Agreement.
The Colorado Health Foundation requires grantees to share any public opinion
research conducted with foundation funds. Public opinion research includes both
qualitative and quantitative methods to learn about the thoughts, perceptions, or
beliefs of the general public, including but not limited to focus groups, ethnography,
online surveys, and telephone polling. Grantees should plan to share the results of this
research, including findings and reports,with the foundation. The Colorado Health
Foundation will not share the research without permission from the grantee.
15. Amendment
This Agreement may be amended, supplemented or extended only by written
communication signed by The Colorado Health Foundation.
16.No Partnership Agency or Third Party Beneficiaries
Nothing contained in this Agreement shall create or be deemed to create a partnership
or agency between The Colorado Health Foundation and Grantee and nothing
contained in this Agreement shall be deemed to give rise to any rights or benefits to
third parties not a party to this Agreement.
17. Intellectual Property
(a)Grantee represents and warrants that it owns or has the right to use all intellectual
property that will be employed by Grantee or its agents in the performance of this
Grant ID: 18768 -6-
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
Agreement, including without limitation, Grantee's obligations under subsection (c)
below.
(b)All works and matters created or discovered through the performance of this
Agreement, including but not limited to, implementation methodologies, best
practices guides and training curricula(the "Work"), are owned by the Grantee
provided, however,that the Work may be used by Grantee only in furtherance of
charitable purposes(i.e., activities recognized by the IRS as charitable and not
resulting in "unrelated business taxable income"as defined in Section 512 of the
Code), unless otherwise agreed in writing by The Colorado Health Foundation.
(c)Grantee hereby grants to The Colorado Health Foundation a nonexclusive,
irrevocable, perpetual, worldwide, fully transferable,royalty-free license to (i)the
Work,to make, use, sell, license to others, reproduce, create derivative works of,
publish, republish, distribute, perform and display the Work in any current or future
form and for any purpose in furtherance of charitable purposes, and(ii)any other
intellectual property incorporated into or used in connection with the Work to the
extent reasonably necessary to enable The Colorado Health Foundation to use and
practice the licensed Work. The license herein granted to The Colorado Health
Foundation shall vest without any further action on the part of Grantee. Without the
prior written consent of The Colorado Health Foundation,Grantee will not enter into
any agreement with a third party that would restrict Grantee's ability to perform its
obligations under this subsection (c).
18. Disclaimer
Nothing contained herein, including the required reporting and review procedures,
shall be construed as a warranty, representation, or approval by The Colorado Health
Foundation that the services rendered by Grantee are adequately or properly rendered
on either an individual or program-wide basis. Grantee shall have sole responsibility
for all damages, costs, fines, attorneys' fees, or liabilities of any kind or nature arising
from any claims,demands or suits resulting from the Grantee's performance or failure
to perform under this Agreement.
19. Controlling Document
The terms and conditions of this Agreement shall be the controlling document
between The Colorado Health Foundation and Grantee. All verbal communication,
notes, minutes or other documentation of The Colorado Health Foundation shall be
deemed merged into this Agreement. In making this Grant, The Colorado Health
Foundation has relied on the information and representations submitted to The
Colorado Health Foundation by Grantee and Grantee represents that all such
information and representations are true and complete.
20. Future Funding
Grantee acknowledges that, except as expressly provided in this Agreement, The
Colorado Health Foundation has no obligation to Grantee with respect to any
additional or future funding.
Grant 1D: 18768 -7-
DocuSign Envelope ID 45617A8A-ABF8-442A-8732-C5D27892CF3D
21. Counterparts; Electronic Signature
This Agreement may be signed in multiple counterparts, which may be signed by the
parties separately,but together shall constitute a single agreement. The counterparts
of this Agreement may be executed and delivered by facsimile, email, other means of
electronic transmission, or other electronic signature and shall be deemed to have the
same legal effect as delivery of an original executed copy of this Agreement.
[Signature Page Follows]
Grant ID: 18768 -8-
DocuSign Envelope ID:45617A8A-ABF8-442A-8732-C5D27892CF3D
-4-"ASeptember 16, 2020
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:
Nick Gradisar
CEO/Executive Director of City of Pueblo(typed/printed name)
4<1 September 16, 2020
CEO/Executive Director(signature) Date
Grant ID: 18768 -9