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HomeMy WebLinkAbout09163RESOLUTION NO. 9163 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BESSEMER HISTORICAL SOCIETY, INC., A COLORADO NONPROFIT CORPORATION, REGARDING THE SOCIETY'S SHARE OF THE MATCH FOR THE CONTRACT BETWEEN THE CITY OF PUEBLO AND THE COLORADO HISTORICAL SOCIETY'S CF &I STEEL ARCHIVES COLLECTION, PROJECT NO. 2000 -02 -048, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo and the Bessemer Historical Society share a common interest in the collection, preservation, and interpretation of the CF &I Steel Archives Collection; and NOW, THEREFORE, BE IT RESOLVED by the City Council that: SECTION 1. An Agreement between the City of Pueblo, a Municipal Corporation, and the Bessemer Historical Society, Inc., a Colorado Nonprofit Corporation, a copy of which is attached and incorporated herein and having been approved as to form by the City Attorney is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute said contract on behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funding assistance received as a result of this Contract will be a portion ($11,620) of the recipients' share ($16,620) of the match for the Contract between the City of Pueblo and the Colorado Historical Society, CF &I Steel Archives Collection, Project No. 2000 -02 -048. INTRODUCED November 27, 2000 BY: Robert Schilling COUNCIL PERSON ATTEST: AP QfVED: 1 1 l�t, C -IL L CIT CLERK PRESIDENT OF CITY COUNCIL M� Background Paper for Proposed RESOLUTION AGENDA ITEM # 0 DATE: November 27, 2000 DEPARTMENT: PLANNING AND DEVELOPMENT TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BESSEMER HISTORICAL SOCIETY, INC., A COLORADO NONPROFIT CORPORATION, REGARDING THE SOCIETY'S, CF &I STEEL ARCHIVES COLLECTION, PROJECT NO. 2000 -02 -048, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall the City Council accept funds from the Bessemer Historical Society to be used as a portion of the cash match for the Colorado Historic Fund Grant awarded to conduct a comprehensive study and analysis of the CF &I Steel Archives. RECOMMENDATION Approval of Resolution. BACKGROUND The Bessemer Historical Society (BHS) was created under the laws of the State of Colorado. The purpose of the corporation is to (a) provide permanent care for significant information and objects of the CF &I Steel collection from its beginning in 1872 to the present time. The focus of the collection includes the Pueblo steel works, the company mines and towns; and real estate of Colorado, Wyoming, New Mexico and other states and the company owned Colorado and Wyoming Railroad; (b) collect, preserve and interpret the contributions of the steel industry to Colorado's history and to honor the company's employees; and (c) collect, preserve and interpret the contributions of the Bessemer area to Colorado's history and to honor its residents. The BHS recently received its 501(c)(3) status from the Internal Revenue Service. The BHS has agreed to contribute $11,620 to the City to fund a portion of the match for the Colorado Historical Society's Grant for the purpose of conducting a comprehensive survey and analysis of the CF &I Steel Archives. This grant has been awarded to the City contingent on fulfilling the cash match requirement. The total match required for the Grant is $16,620. Attached to the resolution is an agreement, which sets forth the Society's obligations and method of payment to the City. Funds from the Society have been raised through corporation and individual donations and memberships. The Society will take formal action on this agreement at their regular meeting scheduled for December 30, 2000. FINANCIAL IMPACT Bessemer Historical Society: $11,620 City of Pueblo: None 2 Resolution No. 9163 AGREEMENT THIS AGREEMENT is entered into as of November 27, 2000, between Pueblo, a municipal corporation (the "City "), and the Bessemer Historical Society, Inc., a Colorado nonprofit corporation (the "Society "); and WHEREAS, the Society has funds committed and available to it for the purpose of conducting a comprehensive survey and analysis of the CF &I Archival Collection; and WHEREAS, the City has received a Department of Higher Education, Colorado Historical Society Grant, Project No. 2000 -02 -048 (the "Grant ") for the purpose of conducting a comprehensive survey and analysis of the CF &I Steel Archives (the "Project "); and WHEREAS, as a condition of the Grant the City must certify that the $16,620 cash match of Project costs is committed and available as needed for the Project; and WHEREAS, Society funds are necessary for City to make such certification. NOW, THEREFORE, in consideration of City accepting the Grant, and the following mutual covenants contained herein, City and Society agree as follows: 1. Society warrants and represents that: (a) Society is duly organized and validly existing in good standing under the laws of the State of Colorado; has all necessary powers and authority to enter into and perform the covenants and agreements on its part to be performed in this Agreement, and by proper action has duly authorized the execution and delivery of this Agreement. (b) This Agreement constitutes a legal valid and binding obligation of Society enforceable in accordance with its terms. (c) Society is familiar with and understands the scope of work required to be performed for the Project. (d) Society has funds in the amount of $11,620 committed and available from sources, which can be used as a portion of the match for Grant for the comprehensive survey and analysis of the CF &I Steel Archives required to be performed for the Project ( "Society Funds ") 2. Society shall pay and disburse Society Funds in an amount not less than $11,620 as needed by the City to City's Director of Finance within thirty (30) days after written request therefore from City. 3. If Society Funds are restricted by donors to specific portions of the survey and analysis as part of the Project, Society shall so notify City in writing describing the specific survey and analysis for the Project and the restricted funds available therefore. City will only use such restricted Society Funds for those specific portions of the survey and analysis so described by Society. 4. Any notice required or permitted to be given under this Agreement shall be deemed given when delivered or mailed certified mail, postage prepaid, as follows: 0 If to City: City of Pueblo, I City Hall Place, Pueblo, Colorado. Attention Director of Finance; • If to Society: The Bessemer Historical Society, 1612 East Abriendo Avenue, Pueblo, Colorado 81004, Attention: President; or to such other address as either party may designate in writing given to the other party. 2 5. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Executed at Pueblo, Colorado, as of the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTE T: BY ity Clerk APPROVED AS TO FORM: City Atto e [S EAL] ATTEST: 44'. S retary r President of City Council THE BESSEMER HISTORICAL SOCIETY BY: President 3