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HomeMy WebLinkAbout08512ORDINANCE NO. 8512 AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DAVID AND LUCILE PACKARD FOUNDATION RELATING TO THE MEMORIAL HALL ENHANCEMENT PROJECT IN THE AMOUNT OF $50,000, ESTABLISHING CAPITAL PROJECT NUMBER PL1204, BUDGETING AND APPROPRIATING THE SAME, APPROVING AMENDMENT NO. 1 TO THE DESIGN AND CONSTRUCTION AGREEMENT BETWEEN THE CITY AND THE PUEBLO URBAN RENEWAL AUTHORITY, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has received a $50,000 grant from the David and Lucile Packard Foundation to supplement the budget to complete the renovation and expansion of Memorial Hall as described in the proposal dated May 1, 2012; and WHEREAS, the City of Pueblo and the Pueblo Urban Renewal Authority have a Design and Construction Agreement dated January 24, 2011, as amended on September 24, 2012, for Remodeling and Restoring Historic Memorial Hall; and WHEREAS, the Pueblo Urban Renewal Authority has established a Memorial Hall Account wherein contributions for the Memorial Hall Project may be deposited. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Capital Project known as Memorial Hall Enhancements, PL1204, is hereby established, and is budgeted, and appropriated in the amount of $50,000. SECTION 2. A Grant Agreement between the City of Pueblo, a Municipal Corporation, and the David and Lucile Packard Foundation for providing $50,000 in funds for the Project, Grant No. 2012-38004, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. The President of City Council is hereby authorized to execute and deliver the Agreement in the name of the City and the City Clerk directed to affix the seal of the City thereto and attest the same. SECTION 3. Amendment No. 1 to the Design and Construction Agreement, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. The President of City Council is hereby authorized to execute and deliver the Amendment No. 1 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 4. The grant funds shall be transferred from PL1204 and/or deposited into the Memorial Hall Account maintained by Pueblo Urban Renewal Authority and disbursed pursuant to the Design and Construction Agreement, as amended on September 24, 2012. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: September 10, 2012 BY: Chris Nicoll COUNCIL PERSON PASSED AND APPROVED: September 24, 2012 Background Paper for Proposed ORDINANCE DATE: SEPTEMBER 24, 2012AGENDA ITEM # S-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JAMES F. MUNCH, ACTING DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DAVID AND LUCILE PACKARD FOUNDATION RELATING TO THE MEMORIAL HALL ENHANCEMENT PROJECT IN THE AMOUNT OF $50,000, ESTABLISHING CAPITAL PROJECT NUMBER PL1204, BUDGETING AND APPROPRIATING THE SAME, APPROVING AMENDMENT NO. 1 TO THE DESIGN AND CONSTRUCTION AGREEMENT BETWEEN THE CITY AND THE PUEBLO URBAN RENEWAL AUTHORITY, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a grant agreement with the David and Lucile Packard Foundation relating to the Memorial Hall Enhancement Project in the amount of $50,000, establish Project Number PL1204, budget and appropriate the same and approve Amendment No. 1 to the existing agreement with the Pueblo Urban Renewal Authority? RECOMMENDATION Approval of Ordinance. BACKGROUND The City has received a grant in the amount of $50,000 from the David and Lucile Packard Foundation relating to the Memorial Hall Project. The grant was requested by the City to help fund the design alternate that were not in the budget, such as acoustical windows, decorative concrete, exterior accent lighting, and site furnishings. The establishment of Project Number PL1204 is required in which the funds will be budgeted and appropriated for the Project. An amendment to an existing Design and Construction Agreement with the City and PURA is required and would allow the PURA to accept grant funds received by the City for the Project. The PURA has established an account for grants and donations to the Memorial Hall Enhancement Project. FINANCIAL IMPACT There should be no financial impact except for grant reporting by staff. Grant Agreement for City of Pueblo The David and Lucile Packard Foundation 2012 -38004 Office of the President GRANT AGREEMENT This Grant Agreement contains the terms and conditions for Grant #2012 -38004 in the amount of $50,000 from the David and Lucile Packard Foundation to City of Pueblo ( "the Grantee "), dated September 20, 2012. By signing this Grant Agreement and accepting grant funds, an officer, director, or trustee of the Grantee makes the representations and agrees to the obligations and conditions set forth below. Purpose of Grant This grant is to supplement the budget to complete the renovation and expansion of Pueblo Memorial Hall, as described in the Grantee's letter and proposal dated May 1, 2012. The Grantee may not use the funds for any other purpose unless written permission has been received from the Foundation. Any portion of the grant funds not committed to the purposes of the grant must be returned to the Foundation. The Grantee must inform the Foundation if there are significant changes in the purposes of the grant, the use of grant funds, or personnel who are important to accomplishing the purposes of the grant or if the grant funds cannot be expended in the time period set forth in the grant proposal. The Grantee confirms that it retains full discretion and control over the process of selecting any persons or organizations (researchers, employees, independent contractors, secondary grantees, conference participants, consultants, vendors, or suppliers) or any equipment, supplies, or products, to carry out the purposes of this grant, completely independently of the Foundation. The Grantee confirms that there is no agreement, either written or oral, that the Foundation can cause the selection of particular persons or organizations or direct the use of grant funds for any particular expenditures. Organizational Tax Status The Grantee certifies that it is not a private foundation as defined by Internal Revenue Code Section 509(a). The Grantee will advise the Foundation immediately if its tax- exempt status or non — private foundation classification has been changed. Payment and Reporting Schedules This grant is scheduled to be paid as follows: Reports are scheduled as follows: October 2012 $50,000 Interim Report April 15, 2013 Final Report April 15, 2014 If the payment or reporting schedules present any significant difficulties for you, please contact Mary Gunn. Please refer to Grant #2012 -38004 in any correspondence with the Foundation. Required Reports and Records The Grantee will submit narrative and financial reports, as scheduled above, to the Foundation. The narrative reports should summarize the progress made in accomplishing the purposes of the grant. The financial reports should describe how grant funds were spent based upon the budget submitted to the Foundation. The Grantee remains responsible for reporting on this grant until all requirements have been fulfilled. The Grantee will maintain books and records of the grant funds received and the expenses incurred, as required by the Internal Revenue Code and Treasury Regulations, until all grant requirements have been fulfilled. The Grantee will make its books and records available to the Foundation on request, within a reasonable time. 343 Second Street / Los Altos, California 94022 / tel (65o) 948 -7658 / www.packard.org Grant Agreement for City of Pueblo The David and Lucile Packard Foundation 2012 -38004 Office of the President Prohibited Uses Grants from the Foundation are subject to certain restrictions set forth in the Internal Revenue Code and Treasury Regulations. The Grantee will not use any grant funds: A. To conduct lobbying or otherwise attempt to influence legislation (within the meaning of Internal Revenue Code Section 4945(d)(1)). B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive (within the meaning of Internal Revenue Code Section 4945(d)(2)). C. For any grant which does not comply with the requirements of Internal Revenue Code Section 4945(d)(4) (relating to grants to organizations other than public charities). D. For purposes other than charitable, scientific, or educational, within the meaning of Internal Revenue Code Section 170(c)(2XB). E. For purposes other than those stated in this Grant Agreement. In addition, this grant is made exclusively to the Grantee and may not be transferred or assigned to another organization or person. Grantor's Rights The Foundation may include information on this grant in its periodic public reports and may also refer to this grant in a press release. By accepting these grant funds, the Grantee agrees to such disclosure. The Foundation reserves the right to discontinue, modify, or withhold any payments due under this grant, or to require repayment of any unexpended grant funds if necessary, in the Foundation's judgment, to comply with any law or regulation applicable to this grant. In this event, the Foundation will notify the Grantee in writing and provide an opportunity to respond. Grantor The David and �•� ile� • j . dation By: ..e<, t _ _ Effective Date: September 20, 2012 Carol . Larson President and CEO Grantee Read and . •ed to by ity o ' ueblo /Grant #2012 -38004 BY: ,I Z. , //L Date: " ignature) Printed Name: Chris Kaufman Title: President of City Counr; 1 Agreement must be signed and dated by an officer, director, or trustee of the Grantee. ATTEST: City Clerk 343 Second Street / Los Altos, California 94022 / tel (65o) 948 -7658 / www.packard.org FIRST AMENDMENT TO DESIGN AND CONSTRUCTION AGREEMENT For Remodeling and Restoring Historic Memorial Hall Pueblo, Colorado WHEREAS, the City of Pueblo (the "City ") and the Pueblo Urban Renewal Authority f /k/a Urban Renewal Authority of Pueblo, Colorado (the "Authority ") entered into a Design and Construction Agreement on January 24, 2011 (the "Agreement "); and WHEREAS, the City has secured additional funding for the remodeling and restoring of historic Memorial Hall (the "Project ") in the form of a grant from the David and Lucile Packard Foundation (the "Packard Foundation "), which was not originally contemplated by the Parties; NOW THEREFORE, the Parties agree as follows: 1. The City shall accept the grant from the Packard Foundation and cause the grant funds to be deposited into the Memorial Hall Account established pursuant to Section 6.7 of the Agreement. 2. The Packard Foundation grant funds will be considered "Available Revenue" and shall be disbursed as required by the Agreement. 3. Except as expressly modified by this First Amendment, the Agreement shall remain in full force and effect. Except as modified by this First Amendment, any obligations to be performed under the Agreement by either party are not waived nor excused in any manner, but shall be performed in accordance with the terms and conditions of the Agreement as it existed prior to this First Amendment. IN WITNESS WHEREOF, the City and the Authority have executed this First Amendment as of September 10, 2012. CITY: PUEBLO, A MUNICIPAL CORPORATION BY: &41 . Ar Presto t +f Ci Council ATTEST: City lerk AUTHORITY: THE PUEBLO URBAN RENEWAL AUTHORITY, COLORADO /' 4',. By: i hairman ATTEST: Se etary