HomeMy WebLinkAbout09841ORDINANCE NO. 9841
AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT BETWEEN THE PACKARD FUND FOR PUEBLO
AND THE CITY OF PUEBLO FOR A GRANT AWARD IN THE
AMOUNT OF $5,000 ON BEHALF OF THE PUEBLO FOOD
PROJECT, RATIFYING THE PRIOR SIGNATURE OF THE
MAYOR THERETO, AND BUDGETING AND APPROPRIATING
$5,000 INTO PROJECT NO. CI2016
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Sperry S. and Ella Graber Packard Fund for Pueblo Grant Agreement
(“Agreement”) executed on November 19, 2020 between the City of Pueblo, a Municipal
Corporation, on behalf of the Pueblo Food Project, and the Packard Fund for Pueblo,
administered by the Colorado Centennial Fund, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor’s execution of the Agreement on November 18, 2020 in the name and on
behalf of the City of Pueblo is hereby approved and ratified, and the execution by electronic
signature is attributable to the Mayor and the City of Pueblo.
SECTION 3.
Funds in the amount of $5,000.00 shall be accepted pursuant to the Agreement and
budgeted and appropriated to Project No. CI2016.
SECTION 4.
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
transactions described therein.
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 December 14, 2020 .
Final adoption of Ordinance by City Council on December 28, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 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: December 14, 2020
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Nicholas A. Gradisar, Mayor
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT
BETWEEN THE PACKARD FUND FOR PUEBLO AND THE CITY OF PUEBLO
FOR A GRANT AWARD IN THE AMOUNT OF $5,000 ON BEHALF OF THE
PUEBLO FOOD PROJECT, RATIFYING THE PRIOR SIGNATURE OF THE
MAYOR THERETO, AND BUDGETING AND APPROPRIATING $5,000 INTO
PROJECT NO. CI2016
SUMMARY:
Attached is an Ordinance approving and accepting a grant agreement in the amount of $5,000
from the Packard Fund for Pueblo (“Packard”), to provide funds for the Pueblo Youth Food
Council led by the Pueblo Food Project, ratifying the Mayor’s signature, and budgeting and
appropriating the grant funds to Project No. CI2016.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Pueblo Food Project applied for a grant from the Packard Fund for Pueblo to support the
Pueblo Youth Food Council in its efforts to change Pueblo food systems. The grant proposal
was accepted and awarded in the amount of $5,000. These funds are to be used in accordance
with the submitted proposal. All activities are geared towards local food system improvements.
The City is the fiscal sponsor for the Pueblo Food Project, which will be carrying out the
activities for purposes of the grant. Due to time restrictions associated with the grant, Mayor
Nicholas Gradisar signed the grant agreement on November 18, 2020
FINANCIAL IMPLICATIONS:
There are no matching funds required for this grant. The City of Pueblo will receive the entire
$5,000.00 on behalf of the Pueblo Food Project upon passage of the Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the proposed Ordinance is not approved, the Pueblo Food Project will not receive the grant
funds.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Grant Agreement
DocuSign Envelope ID:625E4440-0A28-4968-9365-0136AD60CD7C
,Iperry a. and Ella (.:raker
PACKARD FUND
PIP 1) 10 Administered by
COI ORADO
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Sperry S.and Ella Graber Packard Fund for Pueblo Grant Agreement
Grant Recipient: City of Pueblo
Grant Number: PFR-8976-20
Project: Pueblo Food Project
Total Grant Amount Awarded: $ 5,000
Anticipated Payment Date Payment Amount
12/08/2020 $ 5,000
Term of Grant: 12 Months Dates: 12/01/2020 to 11/30/2021
The Colorado Centennial Fund, a subsidiary of Caring for Colorado Foundation,administers the Sperry S.
and Ella Graber Packard Fund for Pueblo.The Colorado Centennial Fund (the"Fund") must ascertain that
your non-profit tax status is maintained throughout the grant cycle. In addition we must be assured that
our grant (the"Grant")will be expended for an educational, scientific, or other charitable purpose that will
improve the lives of people in Pueblo County. We are also interested in the results of the Grant. With this
in mind,we ask that you (the "Grantee") read,sign and return this Grant Agreement(the "Agreement").
1. Tax-Exempt Status:
The Grantee agrees:
A. To maintain its status as a tax-exempt organization (or working under the umbrella of
a recognized tax-exempt organization), i.e., recognized by the IRS as a public charity
described in Sections 501(c)(3)and 509(a)(1), (2),or(3)of the Internal Revenue Code
of 1986,as amended (the"Code").
B. That such tax-exempt status under Sections 501(c)(3) and 509(a)(1), (2), or(3) of the
Code has not changed since the issuance of the IRS determination letter, which the
Grantee provided to the Fund in its Grant application.
C. That there is no issue presently before any office of the Internal Revenue Service
concerning any proposed changes in its tax-exempt status under Sections 501(c)(3)
and 509(a)(1), (2),or(3)of the Code.
DocuSign Envelope ID:625E4440-0A28-4968-9365-0136AD60CD7C
D. To provide current and appropriate documentation if the Grantee is a government
supported agency, such as a school, museum, library or government agency or
department.
E. That it will provide the Fund with immediate written notification of any changes in the
Grantee's tax-exempt status.
2. Representations:
Colorado Charitable Solicitations Act(CRS 6-16-2014)— The Grantee acknowledges that it is in
compliance with the regulations set forth in the Colorado Charitable Solicitations Act with respect
to fundraising.
Anti-Terrorism (Patriot Act of 2001, Executive Order 13224) -The Grantee acknowledges that it is
familiar with U.S. anti-terrorism laws and that no monies associated with this Grant will be used,
either directly or indirectly,to benefit any person or organization with ties to terrorists.
3. Expenditure of Funds:
The Grant (together with any income earned upon investment of Grant funds) is made for the
purpose outlined in the project plan and budget available in the grant record on the online grants
portal and may not be expended for any other purpose without the Fund's prior written approval.
Expenditures of Grant funds must adhere to the specific line items in the budget submitted by the
Grantee within the Grant period. For grants greater than $25,000, changes to individual line items
(increases and decreases)that are greater than 15%of that line item must be approved in advance
by Fund staff. If the Grant period ends and Grant funds remain unexpended,any unexpended Grant
funds shall be repaid promptly to the Fund. If the Grant funds are expended other than for the
purposes of the Grant or not in accordance with the approved budget, funds equal in value to the
portion of Grant funds determined by the Fund to have been so expended shall be repaid to the
Fund upon its request.
4. No Assignment or Delegation:
The Grantee may not assign or otherwise transfer its rights or delegate any of its obligations under
this Agreement without prior written approval from the Fund.
5. Reports and Evaluation:
The Grantee is required to provide the Fund with online financial and narrative reports summarizing
project results. The Grantee will receive an email request for any report approximately one month
before it is due. The Grantee also agrees to provide any other information reasonably requested by
the Fund. If the Grantee obtains any audited financial statements covering any part of the period of
this Agreement, copies of such statements shall be provided to the Fund.
The Fund may, at its own expense, monitor and conduct an evaluation of the operations under the
Grant which may include visits by representatives of the Fund to observe the Grantee's program
procedures and operations and to discuss the program with the Grantee's personnel.
DocuSign Envelope ID:625E4440-0A28-4968-9365-0136AD60CD7C
6. Required Notification:
The Grantee is required to provide the Fund with immediate written notification of: (1) its inability
to expend the Grant funds for the purposes described in the Grant application,this Agreement and
any other written or electronic communication describing the terms of the Grant; or (2) any
expenditure from this Grant made for any purpose other than those for which the Grant was
intended.
7. Research Involving Human Subjects:
If the Grant is to be used in whole or in part for research involving human subjects, the Grantee
hereby certifies that the 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.
8. HIPAA Compliance—Protected Health Information:
If the Grantee is a Covered Entity as defined in the federal privacy rules promulgated under the
Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Grantee is obligated to
maintain the privacy and security of Protected Health Information as defined by HIPAA.
9. Publicity:
The Fund encourages the Grantee to publicize information concerning the awarded Grant on the
Grantee's website, in the Grantee's newsletters, annual reports and other relevant publications.
When possible,any public statements about the Fund or its grantmaking shall be cleared in advance
by the Fund (To do so, please contact the Fund program director at 719-566-7841).
The Fund welcomes any photographs relevant to the Grant that may be provided for Fund use. The
Grantee must obtain prior permission,with a signed photo release,for use of the photograph in any
medium of any individual or group including clients,visitors or bystanders. Parents or legal guardians
must sign a release form for minors who appear in photographs. (Please contact the Fund program
director at 719-566-7841 for sample releases.)
The Fund may include, without further notice, information regarding this Agreement and/or the
Grant, the amount and purpose of the Grant and photographs, logo or trademark, and other
published/printed information or materials and (provided by the Grantee) and its activities, on the
Fund's website or electronic communications, in the Fund's periodic public reports, newsletters and
news releases.
10. Right to Modify or Revoke:
The Fund 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 Fund's sole discretion,
such action is necessary: (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 Fund;or(3)to comply with the requirements of any law or regulation
applicable to the Grantee,the Fund, or the Grant.
DocuSign Envelope ID:625E4440-0A28-4988-9365-0136AD60CD7C
11. Termination:
This Agreement shall automatically terminate in the event of the insolvency, receivership,
bankruptcy filing,or dissolution of the Grantee.
Either party upon written notice to the other party may terminate this Agreement.
Upon termination of this Agreement for any reason, all payments by the Fund to the Grantee shall
cease at such time as may be determined by the Fund. The Grantee specifically acknowledges that
immediate cessation of funding, before termination procedures are completed, may be necessary
in recognition of the Fund's fiduciary responsibilities.
12. Special Conditions:
The Grantee accepts and agrees to comply with the following special conditions:
None
13. Capital Equipment Limitation:
If the purpose of the Grant is for the purchase of capital equipment, the Grantee shall not sell,
transfer or otherwise dispose of such equipment during its useful life without the prior written
approval of the Fund. If changes in the Grantee's status as a public charity or changes in its
operations result in the Grantee no longer using the capital equipment for the purposes that were
the subject of the Grant,the Fund may require the return of the equipment to the Fund or a transfer
of the equipment to another public charity.
14. Amendment:
This Agreement may be amended,supplemented or extended only by written agreement signed
by the Fund and the Grantee.
15. Disclaimer:
Nothing contained herein, including the required reporting and review procedures, shall be
construed as a warranty, representation, or approval by the Fund that the services rendered by the
Grantee are adequately or properly rendered on either an individual or program-wide basis. The
Grantee shall hold the Fund, 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 the Grantee's rendering or failure to render services to the extent
permitted by Colorado law.
16. Controlling Document:
The terms and conditions of this Agreement shall be the controlling document between the Fund
and the Grantee. All verbal communication, notes, minutes or other documentation pertaining to
the Grant shall be deemed merged into this Agreement. In making the Grant, the Fund has relied
on the information and representations submitted to the Fund by the Grantee.
DocuSign Envelope ID:625E4440-0A28-49B8-9365-0136AD60CD7C
The undersigned certify that they are duly authorized officers of the Grantee and,as such,are authorized to
accept this Agreement on behalf of the 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.
The Parties agree that 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 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.
ACCEPTED AND AGREED TO:
ORGANIZATION NAME: CITY OF PUEBLO
(--DocuSigned by:
11/18/2020
Nick Gradisar Date
Mayor
Colorado Centennial Fund
,-DocuSigned by:
(,itaa 11/19/2020
\-OF4lm2A 22lnea
Linda R. Reiner, MPH Date
President and CEO
Rev 6/26/17