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HomeMy WebLinkAbout10063ORDINANCE NO. 10063 AN ORDINANCE APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $100,000 FROM THE TRAILHEAD INSTITUTE ON BEHAF OF THE PUEBLO FOOD PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE GRANT AGREEMENT AND CREATING PROJECT NO. CI2122, AND BUDGETING AND APPROPRIATING $100,000 TO PROJECT NO. CI2122 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement for Emergency Hunger Assistance Purposes dated November 3, 2021 (“Agreement”) between the Pueblo Youth Food Council, also known as Pueblo Fooducates, overseen and managed by the Pueblo Food Project and the Trailhead Institute, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Project No. CI2122 for emergency hunger assistance is hereby created. SECTION 3. The Mayor is hereby authorized to execute said Grant Agreement on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk is authorized to affix the seal of the City thereto and attest the same. SECTION 4. Funds in the amount of $100,000 shall be accepted pursuant to the Grant Agreement and budgeted and appropriated to Project No. CI2122. SECTION 5. The officers and staff of the City are hereby authorized to perform any and all acts consistent with this Ordinance and the attached Grant Agreement to implement the transactions 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 November 22, 2021 . Final adoption of Ordinance by City Council on December 13, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 20, 2021 . □ 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: November 22, 2021 TO: President Lawrence W. Atencio and Members of City Council VIA: Marisa Stoller, City Clerk FROM: Nicholas A. Gradisar, Mayor SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $100,000 FROM THE TRAILHEAD INSTITUTE ON BEHALF OF THE PUEBLO FOOD PROJECT, AND AUTHORIZING THE MAYOR TO SIGN THE GRANT AGREEMENT AND CREATING PROJECT NO. CI2122, AND BUDGETING AND APPROPRIATING $100,000 TO PROJECT NO. CI2122 SUMMARY: Attached is an Ordinance approving and accepting a grant in the amount of $100,000.00 from the Colorado Blueprint to End Hunger, administered by the Trailhead Institute, (“Trailhead”) to provide funds for hunger relief work by the Pueblo Food Project through the Food Pantry Assistance Grant Program. This Ordinance creates Project No. CI2122 and budgets and appropriates the grant funds thereto and authorizes the Mayor to sign the Grant Agreement. PREVIOUS COUNCIL ACTION: City Council previously approved Ordinance No. 9703 on April 27, 2020, approving the initial Trailhead Grant Award, establishing Project No. CI2009, and budgeting and appropriating the initial grant funds to Project No. CI2009. City Council approved Ordinance No. 9733 on July 14, 2020, approving a second Trailhead Grant Award and budgeting and appropriating the grant funds to Project No. CI2009. City Council also approved Ordinance No. 9833 on December 14, 2020 approving another Trailhead Grant Award and budgeting and appropriating the grant funds to Project No. CI2009. City Council also approved Ordinance No. 9936 , on May 24, 2021, approving a another Trailhead Grant Award, of $10,450 and budgeting and appropriating funds to Project No. CI2112. BACKGROUND: The Pueblo Food Project applied for a grant from administered by the Colorado Blueprint to End Hunger, to support hunger relief efforts in Pueblo via the Pueblo Food Project community pantry. The grant proposal was accepted and awarded in the amount of $100,000. These funds are to be used in accordance with the submitted proposal. All activities are geared towards hunger relief. The City is the fiscal sponsor for the Pueblo Food Project, which will be carrying out the activities for purposes of the grant. FINANCIAL IMPLICATIONS: There are no matching funds required for this grant. Upon passage of the Ordinance, the City of Pueblo will receive the entire $100,000.00 on behalf of the Pueblo Food Project. The total grant budget for Project No. CI2122 will become $100,000.00. 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:01 A62FDB-48E6-4C3E-8210-FD69F7BA2915 November 3, 2021 Monique Marez Pueblo Food Project(note the City of Pueblo serves as the fiscal agent for PFP) 1 City Hall Place Pueblo, CO 81004 Re: FOOD PANTRY ASSISTANCE GRANT PROGRAM The Colorado Blueprint to End Hunger, administered by the Trailhead Institute ("Trailhead") is pleased to award Pueblo Food Project (note the City of Pueblo serves as the fiscal agent for PFP) a grant for 100000, defined below, or in any amendments to the Award,for the purposes set forth in Paragraph 1, below. This grant is being made in response to and in reliance upon the accuracy of statements made in your grant proposal dated November 1, 2021, and any subsequent submissions to Trailhead. By accepting this letter agreement, you agree to the following terms and conditions of the grant: 1. Purpose of Grant and Restrictions.The grant funds are restricted for the charitable purposes described in your grant proposal, attached as Schedule A and incorporated into this agreement by this reference, and must be used exclusively for those purposes.The grant may not be expended for any other purpose without Trailhead's written approval. Further, Food Pantry Assistance grant funds must be used before June 30, 2022,and philanthropic funds must be used by August 31, 2022 unless Trailhead agrees in writing to extend such term. Funds allocated to each funding stream are described in Schedule A. If Trailhead does not agree to such term extension, any unexpended or uncommitted grant funds must be repaid to Trailhead.You acknowledge and agree that this grant is funded with State of Colorado funds that then sub-awarded to Trailhead, and agree to comply with the terms and conditions of State of Colorado Session Bill C.R.S. 26-2-139, attached as Appendix 1 and incorporated into this Agreement by this reference. 2. Disbursement of Grant. Upon our receipt of an executed copy of this agreement, we will remit the 85 percent of the grant payment to your organization, and withhold the remaining 15 percent of the grant payment until the progress report is made as provided in Section 3 of this agreement. 3. Grant Reporting.You will furnish us with a mid-term progress report and copies of your food purchase receipts for all funds expended up to February 1, 2022 by February 9, 2022,a final report for FPAG funds and copies of your food purchase receipts and all client {00060319v1} DocuSign Envelope ID:01A62FDB-48E6-4C3E-8210-FD69F7BA2915 surveys, up to June 30, 2022, by July 15, 2022, and a final report for philanthropic funds spent up to August 31, 2022 by September 15, 2022.The reports will cover the manner in which grant funds were spent and your progress made in accomplishing the purposes of the grant.The CO Blueprint to End Hunger will provide you with a link to submit reports and upload receipts.You will also furnish us with such other reports and information relating to the grant as we may request from time to time, including, without limitation, financial statements and other reports concerning your organization. We recommend your organization create its own internal system for tracking expenses related to the grant to ensure all the dollars are spent correctly. 4. Inspections and Grant Oversight; Books and Records. We may, at our own expense, monitor and conduct an evaluation of the operations, programs or projects funded by the grant, which may include site visits by our representatives and discussions with your organization's personnel. Further, you will keep complete and accurate books and records of the funds received and expenses incurred under this grant for at least four years after your completion of use of the grant funds, and make such information available to us at reasonable times. We may, at our own expense and on reasonable notice, audit your books and records as they relate to the grant. 5. Publicity.Trailhead may include information regarding the grant, including the amount and purpose of the grant,your organization's logo or trademark or other information or materials about your organization and its activities, in any of its private or public reports. Trailhead may also refer to the grant in its press releases. You will not use Trailhead's logos or other trademarks without our prior review and written consent. 6. Conflicts of Interest. You agree not to engage in any business or activities, or maintain any relationship that conflicts in any way with the full performance of Trailhead under the Award. Such a conflict would arise if any of your employees, officers, or agents were to offer or provide any tangible benefit to any employee of the State of Colorado, or any member of the employee's immediate family, related to the Award. 7. Suspension or Termination of Grant.The total amount of the grant, or any portion thereof, may be discontinued, modified or withheld at any time when, in our judgment, such action is necessary to comply with the requirements of any law or regulation affecting our responsibilities with respect to the grant. Further, we reserve the right to terminate this agreement and require you to return any unspent funds at our sole discretion, if(a)you violate any term or condition of this agreement, or(b) we believe you are no longer able to expend the grant funds as contemplated by this agreement and the grant proposal,or otherwise achieve the purposes of the grant. Finally, any part of the grant funds used in {00060319v1} 2 DocuSign Envelope ID:01A62FDB-48E6-4C3E-8210-FD69F7BA2915 violation of this agreement will need to be repaid to us. 8. Miscellaneous. All references in this agreement to the term "grant" or"grant funds" refer to the original funds and any investment earnings thereon. This agreement will be governed in all respects by the laws of Colorado.You may not assign any rights or obligations under this agreement without our prior written consent. Subject to that, this agreement will be binding upon our respective successors and assigns.This agreement is intended as the final and binding expression of our agreement relating to the grant and as the complete and exclusive statement of its terms. No amendment, supplement or waiver of this agreement will be effective unless made in writing and signed by an authorized representative of each of us.This agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and considered to be one instrument.A scanned or digital signature will be accepted and effective as an original or manual signature. Sincerely, TRAILHEAD INSTITUTE S ampe, President& Executive Director {00060319v1} 3 DocuSign Envelope ID:01A62FDB-48E6-4C3E-8210-FD69F7BA2915 The undersigned, on behalf of Pueblo Food Project (note the City of Pueblo serves as the fiscal agent for PFP), hereby accepts and agrees to all of the terms and conditions of the grant as set forth above;acknowledge they have received and retained a copy of this agreement;and certify they are duly authorized to accept the grant on behalf of and to commit Pueblo Food Project (note the City of Pueblo serves as the fiscal agent for PFP)to all of its terms and conditions. Pueblo Food Project(note the City of Pueblo serves as the fiscal agent for PFP) 4a414( 12e4iim,i Mayor Nicholas A. Gradisar {00060319v1} 4