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HomeMy WebLinkAbout20132338.tiffRESOLUTION RE: APPROVE GRANT CONTRACT FOR FOOD SYSTEM DEVELOPMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - COLORADO HEALTH FOUNDATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Grant Contract for the Food System Development Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Health Foundation, commencing July 1, 2013, and ending June 30, 2014, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Contract for the Food System Development Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Health Foundation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy CI ED AS.TO Attoney William F. Garci< Chair Dougla•. Rademac er, Pro-Tem Mike Freeman i rbara Kirkmeyer SEP 0 4 2013 Date of signature: 2013-2338 HL0040 Memorandum TO: FROM: DATE: SUBJECT: William F. Garcia, Chair Board of County Commissioners Mark E. Wallace, MD, MPH, Director Department of Public Health & Environment July 16, 2013 Colorado Health Foundation Contract Enclosed for Board review and approval is a renewal contract between the Colorado Health Foundation and the Weld County Department of Public Health and Environment. The term of the contract is July 1, 2013, through June 30, 2014; total funding will be $86,807.00. Grant funds will cover staff time (Andrew Glendenning at 0.50 FTE), continue the Food Hub Advisory Panel and fund a partner food hub feasibility study (study will be conducted by a third party contractor). Please note that we will not be hiring an additional part-time position since the grant award is lower than our original proposal. With this funding, WCDPHE will continue its role in creating a local food economy that will benefit farmers and food consumers. The partner food hub concept is unique due to its involvement with existing programs at the Weld County School District 6 and the Weld Food Bank. Impetus for this project stems from the previous three years of work conducted by WCDPHE in response to needs and opportunities expressed by our food producers, schools and food assistance organizations. I recommend your approval of this renewal contract. 2013-2338 The Colorado Health Foundation GENERAL GRANT TERMS, CONDITIONS AND.. UNDERSTANDINGS Title: of Project: Weld County. Food System Development Project:' • • Grant lD#t 5505 r0s;•posei ofFroject ;.•.'... Conduet_a feasibility study for a partner -based,, food: hub to improve•.food access, school nutrition and enhance the'local, food economy: Grantee Organization: Weld. County Department ofPublieRealth &.,Environment 1555 N. 17thAvenue .. . Greeley; CO 896.31 Checks to be Made Payable to:. Weld County Government 1555 N. 17th Avenue Greeley, CO 80631 Tax Identification Number 846000813 • Amount of Grant Awarded: $86,807 over .a 12 -month period Period for Which Support is Granted: From 7/1/2013 Through 6/30/2014 Contingencies: A portion of funds ($25,000) is designated to support feasibility and business planning for the partner -based food hub. Funding will be,. released upon TCHF approval of the scope of work: • Intended Measurable Results to be Reported on:. Healthy Living - increase number ofunderserved Coloradans who have convenient access to'recreational exercise and fruits and vegetables: Expected Intermediate Milestones: Continue to convene the Food Hub Advisory. Panel;'identify and'recruit new membeis -as: appropriate - Continue to work with potential food hub partners`(Weld County School District 6; Northern Colorado Purchasing Cooperative;. Weld Food.Bank,.and others) to identifyexisting. capacitie•s. and potential roles in the food Jiub Hire a consultant:to conduct a feasibility: study for.the: proposed partner -based food. hub. Payment:and Requirements Schedules: RequirementDue,Date ::.. ; ..::•.Requirement : i " .'PaymentArnount::: . Approoiniate Payment Schedule' .: 7/11/24h3:... ':::'. .:::.: ;'._ ::::: :Si .edCitarrt .' cement .. $61,807.'::.. ::: ;:' ....::`; 7/25/20:13.. .;9/11.20.13:', :., ...::.... •TCHF approval of scope.4f work', il. • .- ; ..:...:..: $25,000.. ,.. -', ::. :: `_ :: , ..9/:19/2.0.13 ' :.: ; :. , ` ;:: .: 7/3.1/2014' • .: ::.: ':,:`,; . ,.Final R rt. . Paymeies are .contingehl.'.upon receipt and c pprpval:of the agsociated:requirements... The Foundation; requests that you provide your reportsusing the format found at'vvww.coloradohealtlr.01 Project.Pirf clot ::.:..: ' :(please eorrectthe information below if necessary) .: `' ; •::. Mr. Eric Aakko Director of Health CommunicationEducation& Planning Division Weld County: Department of Public Health & Environment 1555 N. 17th Avenue Greeley CO 80.631.. * *Granteentee Organization Primary Contact (please correct the information below if necessary) Dr. Mark Wallace, M.D.;:16hP.H: Executive Director Weld County Department of Public Health & Etivironanent 1555 N. 17th Avenue.' Greeley, CO 80631 The project director is the individual directly responsible for developing the proposed activity, its implementation, and:.dayrto-day direct :supervisionoftheproject. *ITheQrganization,primary contact is the CEO/Executive Director of the grantee organisation. Grant I13#5505 501 South Cherry Sti'eet Suite 1100,`o Denver; CO 80246 'M.: 303958.3600 FAX: 303.322,4576: www.ColoradoHealth.drg 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. 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 are greater than 25% of that line item and greater than $1,000 must be 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 www.ColoradoHealth.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 I (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.ColoradoHealth.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. So that Grantor may monitor its election under Section 501(h) of the Code, Grantee will not permit any Grant funds or income derived from such funds to be used for any "lobbying expenditures" as defined in Section 4911 of the Code without the Colorado Health Foundation's specific written consent. Section 4911 of the Code describes "lobbying" as a variety of activities including attempting to influence legislation at any level of government. Influencing legislation is further described as attempts to influence public opinion on a legislative subject or direct communications with those who formulate legislation. This restriction does not preclude the Grantee from expending funds for nonpartisan analysis, study, and research. Grant ID#5505. 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: 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. 5. 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. 6. 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. 7. Reasonable Access for Evaluation and Oversight 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. 8. 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. Grant [D#5505 9. 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 the prior written approval of the Colorado Health Foundation prior to releasing or publicizing such information. 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. 10. Colorado Charitable Solicitations Act Grantee represents that it is aware of and in compliance with the Colorado Charitable Solicitations Act governing fundraising in Colorado. 11. 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. 12. 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 11 above, the Colorado Health Foundation may terminate this Agreement at any 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 Gram ID#5505 returned to the Colorado Health Foundation. Grantee's obligations under Paragraphs 5, 7, 9 and 16 shall also survive termination of this Agreement. 13. 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. 14. Amendment This Agreement may be amended, supplemented or extended only by written communication signed by the Colorado Health Foundation. 15. No Partnership Agency or Third Part 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. 16. 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. (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 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). 17. 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 Grant!D#5505 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 FAX: (970) 304-6411 Granting Agency: Colorado Health Foundation Applicant's Name: Weld County Department of Public Health and Environment Applicant's Address: 1555 N. 17th Avenue Greeley, CO 80631 Applicant's Phone: (970) 304-6420, ext. 2380 Applicant's Fax: (970) 304-6452 Project Title: Weld County Food System Development Project Contact Person: Eric Aakko, MS MCHES Date: July 1, 2013 through June 30, 2014 Amount: $86,807.00 Weld County Beard of Commissioners William F. Garcia, Chair AUG 19 2013 Weld County Clerk to he Bo By: 4244,4_i Deputy C 29i3 - dam, 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. 18. 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. 19. 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. Kelly nkin Vice Pr sident, Philanthropy The Colorado Health Foundation Date 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: "riA K E Ltd A1_L-ALe, ,vviPH CEO/Executive Director of Weld County Department of Public Health & Environment (typed/printed name) CEO/Executive Director (signature) Grant IDtt5505 $ $ $ 25,000.00 $ 86,807.00 Organization Name: Weld County Department of Public Health & Environment Project Title: Weld County Food System Development Project Request ID: 5505 Proposal Expenses Direct Casts Year 1 Approved Budget Year 2 Year 3 Total General Operating Program/Project Personnel Programming/Project Costs Administrative costs related to program Capital. Total Direct Costs Other : Costs • Consultants $ 55,648.00 $ 2,500.00 $. • . 3,659.00 • $ 25,000.00 $ 25,000 00 $ $ 55,648.00 $ 2,500.00 $ .. 3,659.00 $ $ 61 807.00 Other $ Fiscal Sponsor's Fee (If applicable) Indirect Costs (max to%) $ Total Other Costs GRAND TOTAL Percent of annual org budget Percent of.total project budget $ 25,000.00:. $ 86,807.00. 1% Annual Organizational Budget $ 8,693,448 Total Project Budget $ 86,807 Hello