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HomeMy WebLinkAbout08527ORDINANCE NO. 8527 AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE EL POMAR FOUNDATION BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $100,000 TO PROJECT PL1204 MEMORIAL HALL ENHANCEMENTS, APPROVING THE SECOND AMENDMENT 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 been awarded a $100,000 grant from the El Pomar Foundation to supplement the budget to complete the renovation and expansion of Memorial Hall (“the Project”) as described in the proposal dated August 17, 2012; and WHEREAS, the City of Pueblo and the Pueblo Urban Renewal Authority have a Design and Construction Agreement dated January 24, 2011 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. Funds in the amount of $100,000 are hereby budgeted and appropriated in the Memorial Hall Enhancements Project, PL1204. SECTION 2. A Grant Agreement between the City of Pueblo, a Municipal Corporation, and the El Pomar Foundation for providing $100,000 in funds for the Project, 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. SECTION 3. The Second Amendment 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 Second Amendment 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. Upon receipt of the grant funds from the El Pomar Foundation, 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 per the Second Amendment dated November 12, 2012. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 22, 2012 BY: Sandy Daff COUNCIL PERSON PASSED AND APPROVED: November 12, 2012 Background Paper for Proposed ORDINANCE DATE: OCTOBER 22, 2012AGENDA ITEM # R-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE EL POMAR FOUNDATION, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $100,000 TO PROJECT PL1204 MEMORIAL HALL ENHANCEMENTS, APPROVING THE SECOND AMENDMENT TO THE DESIGN AND CONSTRUCTION AGREEMENT BETWEEN THE CITY AND THE PUEBLO URBAN RENEWAL AUTHORITY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a grant agreement with the El Pomar Foundation relating to the Memorial Hall Enhancement Project in the amount of $100,000, budget and appropriate funds to Project PL1204, and approve the Second Amendment to the existing agreement with the Pueblo Urban Renewal Authority? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City has been awarded a grant in the amount of $100,000 from the El Pomar Foundation relating to the Memorial Hall Project. The grant was requested by the City to help fund the design alternates that were not in the budget, such as acoustical windows, decorative concrete, exterior accent lighting, and site furnishings. The Project Number PL1204 has been established. Funds need to 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 Upon receipt of the grant funds from the El Pomar Foundation, the funds will be transferred into the Memorial Hall Project Account maintained by the Pueblo Urban Renewal Authority and disbursed pursuant to the Second Amendment to the Design and Construction Agreement dated November 12, 2012. The reporting of grant expenditures will be provided by City staff. EL POMAR FOUNDATION GENERAL GRANT TERMS AND CONDITIONS In addition to the specific terms outlined in our grant award letter dated 10/10/2012 to which these general terms and conditions are attached, El Pomar Foundation (the "Foundation ") is awarding this grant to you contingent upon the following terms and conditions: STATUS AS A GOVERNMENTAL ENTITY. You do hereby certify that you are a governmental entity as defined under Section 170(c)(1) of the Internal GRANT EVALUATION. You will exercise full control over your project's Revenue Code of 1986, as amended (the "Code ") which includes a State, a administration, management and any subsequent disbursement of funds. The possession of the United States, or any political subdivision of the foregoing, or Foundation's role will consist of reasonable oversight to allow for the proper the United States or the District of Columbia. In cases where your governmental evaluation of this grant. You agree to permit the Foundation, at its request, to connection may not be obvious, you agree to provide the Foundation with have reasonable access to all files, records, and personnel necessary to make adequate documentation verifying your association as a governmental entity. such financial audits, verifications or program evaluations as may be necessary or appropriate. In addition, you agree to maintain such records as will permit the You acknowledge that your organization is not controlled directly or indirectly by Foundation to easily check the use of grant funds and to keep these records for the Foundation. at least four years after the final report is submitted. USE OF GRANT FUNDS. This grant (together with any income earned upon PUBLICITY. Please clear with us any public announcement of this grant. If this investment of the grant proceeds) is restricted to the purpose specified in the grant provides the majority funding for the acquisition of real or personal grant award letter and is to be spent in accordance with your proposed budget. property, we would request that appropriate identification be placed on the item Any part of the grant funds not so used must be returned promptly to the showing that it was a gift of El Pomar Foundation. Foundation. MODIFICATION. This grant agreement sets forth at of the terms of this grant You agree that the activities funded by this grant are charitable, educational, and replaces all prior understandings and agreements. The purposes, terms scientific or literary (as those terms are defined in Section 170(c)(2)(B) of the and conditions of this grant award may not be changed or modified without the Code) and, more specifically, that all expenditures will be for exclusively public express written consent of the Foundation. purposes. DISCONTINUANCE. The Foundation may discontinue, modify or withhold any You acknowledge that the Foundation has not earmarked the use of the grant payment under this grant award or terminate the grant and require a total or funds or any portion thereof for another organization, an individual or for any partial refund of any of the grant funds if, in the Foundation's sole judgment, lobbying activity. such action is necessary: (a) because of a violation of the terms and conditions You affirm that the charitable purpose of this grant will be fulfilled within the of this grant; (b) to protect the purposes and objectives of this grant or any other State of thaado. charitable interest of the Foundation; or (c) to comply with the requirements of any law or regulation affecting the Foundation's responsibilities with respect to You agree that no member of the Foundation's staff or Trustees (or a related this grant; or (d) to protect the Foundation's financial ability to carry out its party) will receive a financial benefit as a result of this grant. programs. In the event funds are returned or the grant is terminated, you acknowledge that You agree not to pledge or otherwise encumber any real property acquired as a the Foundation will have no further obligation to you in connection with this result of this grant. grant. FINAL REPORT. The Foundation will require that you submit a final report on GOVERNING LAW. All questions of law which may arise in the administration the use of the grant by the date specified in the grant award letter. This report of this grant shall be determined in accordance with the laws of the State of should give an accounting of how the grant was spent as compared to the Colorado. budget submitted in your grant proposal, the progress made in accomplishing the objectives of the grant, and any other information you feel would be relevant INDEMNIFICATION AND HOLD HARMLESS: In consideration for El Pomar's in allowing the Foundation to evaluate the grant. awarding this grant, your organization, its employees, agents or assigns agree to hold harmless, indemnify, release and forever discharge El Pomar, its If the grant simply provided general operating support, a copy of your annual officers, agents, employees, affiliates, attorneys, successors and assigns from financial statement (preferably audited) for the year (or years) funded will be and against any and all judgments , actions, claims, suits, losses, damages, and sufficient as a final report. expenses resulting from, related to or in any way connected with this grant. PAYMENT OF GRANT. 'he payment of this grant will be as specified in the AUTHORITY. The undersigned represents that he /she is the duly authorized grant award letter, unless the foundation approves a written request for a chief executive officer of the Grantee and as such is empowered to accept this different schedule. If payments are conditioned upon receipt of progress reports grant on behalf of the Grantee and to obligate the Grantee to observe all the or other required documentation, delays may occur if these documents are not terms and condition of the grant, submitted timely or if the Foundation determines there is a lack of reasonable progress in the funded activity. Executed on the behalf o City o ueblo RELIANCE ON FUTURE FUNDING. You acknowledge that the representatives �� of the Foundation have made no any actual or implied promise of funding By: beyond the amounts specified in the grant award letter. This includes any obligation to provide continued support for this or any other project. Continued funding can only be obtained through submission of additional proposals in Printed Name: Chris Kaufman accordance with the Foundation's policies and guidelines. REQUIRED NOTIFICATION. You are required to provide the Foundation with Title: President of City Council immediate written notification in the event of: (a) an inability to expend the grant �/ for the intended purposes; or (b) any expenditure made from this grant for any Date: / a v • / ' 2 O/ Z purpose other than those for which the grant was intended. — — — COPU / 22" KEEP THIS COPY FOR YOUR RECORDS. SECOND 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 El Pomar Foundation (the "El Pomar 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 EL Pomar 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 El Pomar Foundation grant funds will be considered "Available Revenue" and shall be disbursed as required by the Agreement. 3. Except as expressly modified by this Second Amendment, the Agreement shall remain in full force and effect. Except as modified by this Second 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 Second Amendment. IN WITNESS WHEREOF, the City and the Authority have executed this Second Amendment as of November 12, 2012. CITY PUEBLO, A MLINI IPAL ORPORATION By ili_ /.'1 (� r - -id= t of c ity Council Attest V� City Jerk AUTHORITY THE PUEBLO URBAN RENEWAL AU HORITY, COLORAbO / f ,� ; 'By , Ad A 'Cha man r(Zi Secretary G