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