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HomeMy WebLinkAbout09842ORDINANCE NO. 9842 AN ORDINANCE APPROVING AND ACCEPTING A MEMORANDUM OF UNDERSTANDING AND APPLICABLE CONDITIONS PERTAINING THERETO WITH THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., CITY START PROGRAM, ACCEPTING AN INITIAL GRANT AWARD IN THE AMOUNT OF $25,000, ESTABLISHING PROJECT NUMBER CI2017, BUDGETING AND APPROPRIATING FUNDS INTO PROJECT CI2017, AND RATIFYING THE MAYOR’S SIGNATURE THERETO WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including the Office of the Mayor, to accept grants from non-profit funding organizations for public and municipal purposes and to enter into agreements relating thereto; and WHEREAS, the Cities for Financial Empowerment Fund, Inc., City Start Grant Program has tendered a Memorandum of Understanding including Terms and Conditions (the “Award”) in the amount of $25,000 to develop and implement a financial empowerment blueprint designed to improve Pueblo families’ financial lives; and WHEREAS, additional awards of funds by the Cities for Financial Empowerment Fund, Inc., pursuant to this agreement are possible and the Office of the Mayor anticipates requesting and being awarded additional funds in the future if the same are made available by the Cities for Financial Empowerment Fund, Inc.; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding between the City of Pueblo, a Municipal Corporation, and the Cities for Financial Empowerment, Inc., City Start Grant Program, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted in accordance with its terms and conditions. The Mayor’s prior signature to the Memorandum of Understanding on CI2017 is hereby approved and ratified. SECTION 2. The Office of the Mayor is empowered to apply for and accept additional grant awards pursuant to the Memorandum of Understanding as those funds are made available by the Cities for Financial Empowerment Fund, Inc. SECTION 3. Project Number CI2017 is hereby established in the Capital Improvements Grants Fund. All current and future funds accepted under this Ordinance shall be budgeted and appropriated into Project Number CI2017 by the Finance Department. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached MOU to effectuate the policies and procedures described herein. 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-3 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: December 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Laura Solano, Chief of Staff SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A MEMORANDUM OF UNDERSTANDING AND APPLICABLE CONDITIONS PERTAINING THERETO WITH THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., CITY START PROGRAM, ACCEPTING AN INITIAL GRANT AWARD IN THE AMOUNT OF $25,000, ESTABLISHING PROJECT NUMBER CI2017, BUDGETING AND APPROPRIATING FUNDS INTO PROJECT CI2017, AND RATIFYING THE MAYOR’S SIGNATURE THERETO SUMMARY: This Ordinance approves a Memorandum of Understanding and grant award from the Cities for Financial Empowerment Fund, Inc., City Start Program, beginning October 1, 2020 and ending June 30, 2021 and accepts an initial grant award of $25,000 into Project CI2017. PREVIOUS COUNCIL ACTION: City Council previously approved Ordinance 9769 accepting a CFE Fund Financial Navigator grant from the Cities for Financial Empowerment, Inc. BACKGROUND: Cities for Financial Empowerment Fund’s City Start Grant Program offers local governments a structured approach to identify financial empowerment goals, convene relevant stakeholders for sustainable success, develop actionable strategies, and ultimately craft a financial empowerment blueprint that is rooted in local insights and opportunities. The grant includes $25,000 in cash and extensive technical assistance from the CFE Fund and their partners. FINANCIAL IMPLICATIONS: This grant will require monitoring, auditing, and submission of financial documents which will impact the City with staffing costs. This grant will provide funding to develop a financial empowerment blueprint designed to improve Pueblo families’ financial lives. Matching funds from the City are not required for this grant. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: The Office of the Mayor supports the award and appropriation of the funds to enhance the City’s efforts to respond to the coronavirus. ALTERNATIVES: Decline this grant offer from the Cities for Financial Empowerment Fund, Inc. RECOMMENDATION: Approval of the Ordinance. Attachments: Cities for Financial Empowerment Memorandum of Understanding 0 Cities for FINANCIAL EMPOWERMENT Fund MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "MOU"), dated as of October 1, 2020 (the "Effective Date") is by and between the Cities for Financial Empowerment Fund, Inc. (the "CFI-: Fund"), with its principal office located at 44 Wall Street, Suite 1050,New York, 10005, a Delaware non- stock, non-profit corporation qualified as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and the City of Pueblo, CO (the "Grantee"). WHEREAS, the CFE Fund works to support municipal engagement to improve the financial stability of low and moderate income households by embedding financial empowerment strategies into local government infrastructure (the "Purposes"). WHEREAS, the CFE Fund has determined that the support of the Grantee in the work contemplated by this MOU furthers the exempt purposes of the CFE Fund. WHEREAS,the Grantee has agreed to use the CityStart Grant funds provided by this MOU (the "Grant") to support the Purposes by managing the implementation and operation of the activities set forth in Exhibit A (the "Request for Proposal & Grantee Proposal") and Exhibit B (the"Scope of Work") (Exhibits A and B, collectively the"Program"). WI IEREAS,the CFE Fund and the Grantee desire to enter into this MOU to provide for the terms and conditions of the Grant and the Program. NOW, THEREFORE, the CFE Fund and the Grantee agree as follows: 1. Grant. The CFE Fund pledges and agrees to provide the Grantee a Grant in the form of cash in an amount not to exceed $25,000 (TWENTY-FIVE THOUSAND DOLLARS). Grant funds will be paid in U.S. Dollars as provided for in the Grant Payout Schedule in Section 5(b). 2. Use of Grant. The Grant is to be used only for the purposes outlined in the Request for Proposal and in accordance with the specific allocations identified in the Grant budget included in Exhibit C (the "Grantee Budget"). The work detailed in the Request for Proposal should be executed in accordance with the Scope of Work. The Grantee must obtain the prior written consent of the CFE Fund before using the Grant for goods or services outside the Scope of Work. The failure to comply with this provision may invalidate any obligation of the CFE Fund to pay any invoices for such goods or services and constitutes a breach of this MOU. 44 Wall Street,Suite 1050 I New York,NY 10005 I www Ltetr,rd org 3. Term. (a) The Grant term will begin as of the Effective Date and end no later than June 30, 2021 (the"Expiration Date"). Any unused Grant funds will be returned to the CFE Fund within thirty (30)days after the Expiration Date unless otherwise agreed upon by both parties in writing in advance. (b) This MOU may be terminated at any time prior to its scheduled termination as set forth above: (i) By either the CFE Fund or the Grantee without cause by giving the other party sixty (60) days prior written notice; (ii) Immediately by a non-breaching party following a material breach of this MOU by the other party and the expiration of a ten (10) day "cure" period after the non-breaching party shall have given notice to the breaching party of such breach; or; (iii) Immediately by the CFE Fund when its objectives can no longer be advanced through the relationship set forth in this MOU,without limitation, by the Grantee's administration of any Vendor Contract(as defined below). (c) If the MOU is terminated by either party for any reason, CFE Fund will have no further obligation to make any payments to the Grantee, except for work already completed but not yet paid for prior to the termination; provided,that(i) such work is within the Scope of Work or (ii) if such work is beyond the Scope of Work, the prior written consent of the CFE Fund has previously been obtained. 4. Vendor(s) (a) The CFE Fund hereby appoints the Grantee as its sole and exclusive agent with respect to any community-based 501(c)(3) organizations, governmental organizations, consultants, or other private entities (each a "Vendor") engaged by the Grantee to support the implementation of the Program. Each Vendor may rely upon the direction and instruction of the Grantee. (b) The Grantee shall administer all aspects of each contract entered into with any Vendor for purposes of this MOU (the "Vendor Contracts"), including, without limitation, payment of Vendor(s)' invoices, managing and overseeing the performance of each Vendor under the Vendor Contracts and monitoring such Vendor's adherence to its duties, obligations and responsibilities thereunder, including appropriate insurance. (c) Notwithstanding the above, Grantee shall notify CFE Fund in timely, written manner of any Vendors engaged for the purposes of this MOU. CFE FUND MOU 2 5. Conditions of Disbursement of Grant. (a) Disbursements of the Grant shall be subject to the fulfillment of the following conditions: (i) Receipt by the CFE Fund of a countersigned copy of this MOU, which includes Scope of Work and Grantees Budget. (ii) Timely receipt of all reports as detailed in the Exhibit D ("Reporting"). (ii) Satisfactory performance of this MOU in accordance with the Scope of Work. (iii) The Grantee covenants and agrees that it shall take no action, omit to take any action, or engage in any activity that could impair or endanger, either directly or indirectly, the CFE Fund's exempt status under the Internal Revenue Code, or which could hinder the CFE Fund's ability to fulfill its charitable mission. (b) Grant Payout Schedule: (i) 80%of funds ($20,000) will be paid upon execution of MOU. (ii) Final 20% ($5,000) of funds will be paid upon the satisfactory submission of final deliverables as defined in the Scope of Work. 6. Payment of Grant. The CFE Fund can make payment in one of two ways. Please initial in ONE of the boxes to select the requested payment option. a. For electronic payment: The CFE Fund will make an electronic payment through the CFE Fund's payment system, bill.com. The Grantee authorizes the below MOU Signatory: Initial here for employee to create an account and enter the Grantee's appropriate bank routing electronic payment and to and account number into bill.com. The Grantee will ensure that account authorize employee to set up bill.com account information in bill.com is accurate throughout the life of the Grant. MOU Signatory: b. For payment by check: The CFE Fund will issue a check to the Grantee at the Initial here for address provided: payment by check City of Pueblo PO Box 1427 Pueblo, CO 81 002 CFE FUND MOU 3 7. Covenants. During the term of this Grant, the Grantee is expected to adhere to the terms and conditions below and outlined in the Scope of Work or as set forth in Exhibit A. Failure to adhere to these conditions will constitute an act of default and result in the Grantee's obligation to return part or all of the Grant funds to the CFE Fund and the termination of any obligation of the CFE Fund to pay subsequent invoices submitted after such default. In such a case, the CFE Fund will determine in its sole and absolute discretion the percentage of the Grant to be returned. Cessation or reclamation of Grant funding by the CFE Fund may also result in the Grantee's elimination from consideration for investment from the CFE Fund in any other form. In the event that the CFE Fund terminates the Grant as provided herein, the Grantee shall return Grant funds to the CFE Fund within the time period specified by the CFE Fund upon termination. During the Grant term and beyond as applicable, the Grantee under this MOU agrees to: (a) Coordinate the overall implementation of the Program with respect to the Scope of Work and the Grantee Proposal. (b) Adhere to the uses of the Grant detailed in the Request for Proposal. (i) This Grant is made only for the purposes of implementing the Scope of Work pursuant to the Request for Proposal and this MOU. Any Grant funds not expended or committed for these purposes within the Grant term will be returned to the CFE Fund. Any prospective changes in the use of this Grant totaling over ten percent (10%) of any individual budget line must be submitted in writing to and approved in advance by the CFE Fund. (ii) l'he Grantee will provide immediate written notification to the CFE Fund if significant changes or events occur during the term of the Grant which could potentially impact the progress or outcome of the Grant, including, without limitation, changes in the Grantee's or any Vendor(s)' management personnel or lead staff member(s) responsible for implementing the Program, loss of funding or other extenuating circumstances which could affect the Grantee Budget or any Vendor(s)' budget. The CFE Fund, in its sole and absolute discretion, will determine if requests for budget modifications are warranted. (c) To the extent that any Vendor is a tax-exempt entity, to confirm the tax-exempt status of such Vendor at the time of each payment, and ensure that that each such Vendor is maintaining all authorizations, filings, exemptions, insurance, etc. required of a Vendor to perform its duties within and outside this MOU. The Grantee also agrees to provide immediately any correspondence from the Internal Revenue Service or other related agencies regarding the above. (d) Cooperate in the monitoring, evaluation, and reporting of work, as detailed in the Scope of Work and as set forth in Exhibit D. CFE FUND MOU 4 (e) Adhere to the CFE Fund financial compliance stipulations. (i} The Grantee will maintain financial records to clearly account for the Grant funds from the CFE Fund and proper expenditures in furtherance of the Program. The Grantee shall retain and maintain adequate records to substantiate such expenditures according to generally accepted accounting practices.The Grantee shall retain original substantiating documents related to the specific Grant expenditures and make these records available to the CFE Fund upon written request. (ii) The CFE Fund reserves the right to audit the Grantee's financial and other records to ensure the proper utilization of its Grant funds. During and at least three (3) years following the end of the Grant term, the Grantee must maintain records showing, separately from other accounts kept in its books and records, the receipt and expenditure of the CFE Fund Grant funds. (f) Adhere to the marketing and communications guidance of the CFE Fund as below, and any grant-relevant CFE Fund partners, as provided by the CFE Fund and as applicable (as it may be amended, modified, supplemented or otherwise revised). (i) The Grantee agrees to provide details about all Grant-related marketing and communication materials and events to the CFE Fund thirty (30) days in advance to jointly determine appropriate branding opportunities for the CFE Fund and any relevant CFE Fund partners. Materials include but are not limited to websites, newsletters, media releases, public announcements, event invitations and programs. The CFE Fund will provide specific communication protocols including language for recognizing the CFE Fund in text and logo format. Grantee also shall provide to the CFE Fund final copies of all printed materials as part of the progress reports for the Program. (ii) The Grantee will request permission from the CFE Fund before using or modifying the CityStart logo and related branded materials. (iii) Any Grant-related media interviews or public announcements intended for media or public purposes must be coordinated with and approved by the CFE Fund in advance. (iv) The Grantee and its Vendor(s)may not publicly announce the receipt of this Grant or its details until the CFE Fund and its institutional investors have made their official announcement or have otherwise given permission in writing. (v) Execution of this MOU provides the CFE Fund and its institutional investors the right to disseminate any products, outcomes, or other information related to the Grantee's efforts in any media of its choosing. The CFE Fund will share these materials with the Grantee prior to publication and give appropriate credit to the Grantee as the provider of this CFE FUND MOU 5 information. The Grantee and its Vendor(s), if any, will be expected to cooperate in any public education or outreach effort undertaken in connection with this Grant, which may include other CFE Fund programs. (g) Adhere to the following prohibitions on the use of the Grant. Under no circumstances the Grantee or any other organization receiving the CFE Fund's Grant funds use these funds directly or indirectly for the following purposes or activities: (i) Make a Grant to an individual for travel, study or other similar purpose, as described in section 4945(d)(3) of the Code. (ii) Promote or engage in violence, terrorism, bigotry, or the destruction of any state, nor will it make sub-Grants to any entity that engages in these activities. (iii) Influence legislation, especially for the benefit of the CFE Fund or any of its affiliates or funders, including by publishing or distributing any statements, or any campaign in support of or opposition to any pending legislation. (iv) Any other purposes outside what is stated in the Request for Proposal and Scope of Work without express written permission from the CFE Fund. 8. Confidentiality. All reports, information or data furnished to or to be prepared or assembled under this MOU or any Vendor Contract are to be held confidential,unless otherwise herein provided or subject to disclosure by law. 9. Non-Assignability. The Grantee shall not assign, transfer, subcontract, convey or otherwise dispose of this MOU or of its rights, obligations, responsibilities or duties hereunder or under any Vendor Contract, either in whole or in part, without the prior written consent of the CFE Fund. 10. Compliance with Laws. Grantee shall comply with, and shall ensure that any Vendors or sub-Vendors engaged by the Grantee in connection with the Program comply with, all local, state and federal laws (including common laws), ordinances, codes, rules and regulations regarding the Program and Grantee's obligations and performance under this MOU. Grantee shall obtain and maintain, and shall ensure that any Vendors or sub-Vendors engaged by the Grantee in connection with the Program obtain and maintain, any and all permits, licenses, bonds, certificates and other similar approvals required in connection with this MOU. CFE FUND MOU 6 11. Compliance with Anti-Discrimination Rules. In its use of Grant funds provided by the CFE Fund, and in the course of all development, marketing and operation activities, the Grantee shall fully comply with all applicable federal, state, local (and any other governmental), anti-discrimination laws, executive orders, rules and regulations. 12. Entire MOU. This MOU contains the entire understanding between the parties hereto with respect to the subject matter of this MOU and replaces and supersedes all prior agreements and understandings of the parties. This MOU may be amended or modified only by a writing executed by the parties hereto. 13. Binding MOU. Notwithstanding any other provision of this MOU, the parties agree that this MOU constitutes a legal, valid and binding agreement of each party, and is enforceable against each party in accordance with its terms. 14. Amendment. The CFE Fund shall consider, but is not obligated to agree to, requests by the Grantee to amend the terms of this MOU. Amendments to this MOU shall be made only after(i) the CFE Fund has received written request from the Grantee stating the nature of the amendment request, and (ii) the CFE Fund has executed a written agreement describing the terms of the amendment. 15. Counterparts. This MOU may be executed in any number of counterparts, including by facsimile or other electronic means of communication, each of which shall be deemed an original of this MOU and all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] CFE FUND MOU 7 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed by their respective officers as of the day and year first above written. CITIES FOR FINANCIAL EMPOWERMENT FUND, INC. By: J Name: Jonathan Mintz Title: President and Chief Executive Officer Date: 12/21/2020 CITY OF PUEBLO, CO By.• ,9 /e4/ .41464614 Name: Nicholas . Gradisar Title: Mayor Date: \D CFE FUND MOU 8