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HomeMy WebLinkAbout08567ORDINANCE NO. 8567 AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE GATES FAMILY FOUNDATION, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 TO PROJECT PL1204 MEMORIAL HALL ENHANCEMENTS, APPROVING THE THIRD 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 $50,000 grant from the Gates Family Foundation to supplement the budget to complete the renovation and expansion of Memorial Hall (“the Project”) as described in the proposal dated September 28, 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 $50,000 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 Gates Family Foundation for providing $50,000 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 and attest the same. SECTION 3. The Third 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 Third 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 Gates Family 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 Third Amendment dated January 28, 2013. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: January 14, 2013 BY: Ami Nawrocki PASSED AND APPROVED: January 28, 2013 Background Paper for Proposed ORDINANCE DATE: JANUARY 14, 2013 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE GATES FAMILY FOUNDATION, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 TO PROJECT PL1204 MEMORIAL HALL ENHANCEMENTS, APPROVING THE THIRD 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 ISSUE Should City Council approve a grant agreement with the Gates Family Foundation relating to the Memorial Hall Enhancement Project in the amount of $50,000, budget and appropriate funds to Project PL1204, and approve the Third Amendment to the existing agreement with the Pueblo Urban Renewal Authority (“PURA”)? RECOMMENDATION Approval of Ordinance. BACKGROUND The City has been awarded a grant in the amount of $50,000 from the Gates Family Foundation (“Foundation”) relating to the Memorial Hall Project. The grant will help to fund the design alternates that were not in the budget, such as acoustical windows, decorative concrete, exterior accent lighting, and site furnishings. This Ordinance increases the budget for the Memorial Hall Enhancements Project No. PL1204, by $50,000 and approves a grant agreement with the Foundation. The Ordinance also approves an amendment to the existing Design and Construction Agreement between the City and PURA that allows 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 Gates Family Foundation, the funds will be transferred into the Memorial Hall Project Account maintained by the Pueblo Urban Renewal Authority and disbursed pursuant to the Third Amendment to the Design and Construction Agreement dated January 28, 2013. The reporting of grant expenditures will be provided by City staff. GATES FAMILY FOUNDATION December 14, 2012 Mr. Bill Zwick Landscape Architect/Project Manager City of Pueblo 200 S. Main Street Pueblo, CO 81003 Dear Bill: I am pleased to inform you that the trustees of the Gates Family Foundation adopted a resolution during their December 2012 meeting that provides for the following commitment: To City of Pueblo: Be it resolved that the Gates Family Foundation make an outright grant of $50,000 to be used for interior or exterior lighting or installation of acoustical windows for the Pueblo Memorial Hall renovation and expansion project. We would like to pay this grant before the end of the year. Please return the enclosed Agreement with Grant Recipient, which must be completed and signed by both you and the City Manager. Sincerely, Thomas A. Gougeon President Enclosures 3814 -1209 ''ECE1 V DEC , 3575 Cher Creek Not Drive, Suite 100 [ )env e r, Colorado 81)209 -3600 303.722.1881 OaX 303.316.3038 www.garesfamilytound.trion.org GATES FAMILY FOUNDATION AGREEMENT WITH GRANT RECIPIENT The Grant Recipient agrees that: 1. It understands and will comply with the conditions of the award letter which accompanies this document. 2. It will submit accurate documentation of the total funds in hand and pledged from reliable sources for the project, and documentation of project expenses. The Foundation has the right to reduce the amount of its commitment to a project if the total estimated cost of the project proves to be significantly less than anticipated. The Foundation also reserves the right to amend, postpone, or withdraw its commitment to a project if the total project cost exceeds the estimated project cost as stated in the agreement letter, and sufficient funds are not available to cover the total project costs. 3. Within one year of payment of the grant, and every year thereafter until the grant funds are expended and the project completed, it will submit a detailed report of the activities carried on under the grant, and an evaluation of what the grant accomplished. 4. Within one year of payment of the grant, and every year thereafter until the grant funds are expended and the project completed, it will submit a complete financial record of the use of the grant funds, plus a copy of the most recently published annual audit. If funds from sources other than the Gates Family Foundation were used for the project, a report on the sources and allocation of all such funds is desired. 5. It will use the funds only for the designated purpose and will not use the funds for any purpose prohibited by law. 6. It will repay to Gates any unused portion of the grant. 7. The Gates Family Foundation, at its request, will have complete access to the grantee's files and records for the purpose of making such financial audits, verifications, and investigations as it deems necessary. 8. It is eligible under the law to receive funds from the Gates Family Foundation, and that its tax exempt status, as disclosed to the Gates Family Foundation, has not been revoked or altered. Gates Family Foundation Agreement with Grant Recipient Page 2 9. In the event that the grant is not immediately spent for the project to be funded, it will hold such funds in a separate, conservatively managed escrow account. Earnings on these funds from the Gates Family Foundation will accrue and will be applied to the project for which funds were granted. In the event that the funds granted cannot be used for the purpose agreed upon, for one reason or another, both principal and accumulated earnings shall be returned to the Gates Family Foundation with proper accounting. Additionally, none of the above funds shall be used as collateral for any purpose, nor will they be lent for any other project. It will send an annual accounting of the foregoing funds to the Gates Family Foundation by the close of each fiscal year. 10. The Gates Family Foundation respectfully requests that no statues, plagues, or framed certificates be presented to the Foundation for its support of projects or organizations. All press releases about the Foundation's commitment must first be cleared by the Foundation staff person in charge of the project. President Signature of Executive Director or CEO Title City Council City of Pueblo BY: Signature of President/Chairman Board of Directors Date Indicate Fiscal Year End Log # 3814 -1209 Date of Award Letter 12/14/2012 THIRD 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 flk/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 Gates Family Foundation (the "Gates Family 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 Gates Family 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 Gates Family Foundation grant funds will be considered "Available Revenue" and shall be disbursed as required by the Agreement. 3. Except as expressly modified by this Third Amendment, the Agreement shall remain in full force and effect. Except as modified by this Third 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 Third Amendment. IN WITNESS WHEREOF, the City and the Authority have executed this Third Amendment as of January 28, 2013. CITY: PUEBLO, A MUNICIPAL CORPORATION B, - -nt of City Council ATTEST: ti City erk AUTHORITY: THE PUEBLO URBAN RENEWAL AUTHORITY, COLORADO By: ' M® Chairm. ATTEST: je--1 S retary