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HomeMy WebLinkAbout08628ORDINANCE NO. 8628 AN ORDINANCE ESTABLISHING CAPITAL PROJECT NUMBER PL1306, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 RELATING TO THE CITY HALL FINAL PHASE PROJECT, APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOETTCHER FOUNDATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Boettcher Foundation has offered funds through an agreement dated July 16, 2013; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and the Boettcher Foundation, dated July 16, 2013 (hereinafter referred to as the “Agreement”), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds from the Boettcher Foundation Agreement dated July 16, 2013 in the amount of $50,000 are hereby budgeted and appropriated for the City Hall Final Phase Project PL1306. SECTION 3. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City of Pueblo. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: August 26, 2013 BY: Ami Nawrocki PASSED AND APPROVED: September 9, 2013 Background Paper for Proposed ORDINANCE DATE: August 26, 2013 AGENDA ITEM # R-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA DIRECTOR TITLE AN ORDINANCE ESTABLISHING CAPITAL PROJECT NUMBER PL1306, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 RELATING TO THE CITY HALL FINAL PHASE PROJECT, APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOETTCHER FOUNDATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall City Council establish Capital Project PL1306, budget and appropriate $50,000 relating to the City Hall Final Phase Project, and approve an agreement between the City of Pueblo and the Boettcher Foundation? RECOMMENDATION Approval of the Ordinance. BACKGROUND This Capital Project is set up for the final phase of the renovation of City Hall. The grant from the Boettcher Foundation is specifically to fund the completion of the pre-function room (Old City Clerk Office) on the first floor of City Hall as it relates to Memorial Hall. The overall Project will complete the first, second, and basement floors of City Hall by using the remaining balance from Phase One City Hall to match with other grants for a total of $1.2 million. The Project will not only restore the pre-function room, but will renovate offices on the remaining floors for the City Manager, Finance Administration, City Clerk, and the Finance Business Office and Sales Tax. The Boettcher Foundation grant agreement requires the City to comply with the representations in the application and grant agreement, project reporting, and promotional use of the City’s logo. In addition, if during a 30 year period the City decides to stop the use of the space or use it for another use other than what the grant is requested for, the City will be required to return the funds. FINANCIAL IMPACT The Boettcher Foundation has awarded the City a grant for $50,000 to renovate the pre- function space in City Hall. Funds in the amount of $50,000 will be budgeted and appropriated in Capital Project PL1306. BOETTCHER FOUNDATION 600 Seventeenth Street Suite 2210 South Denver, CO 80202 (303) 534 -1937 July 16, 2013 City of Pueblo 200 S. Main St Pueblo, CO 81003 Ladies and Gentlemen: On behalf of the Boettcher Foundation (the "Foundation "), it gives me great pleasure to announce that a grant in the amount of $50,000.00 has been awarded to City of Pueblo for the project or purposes described in your grant application (the "Grant Request"). By your acceptance of this letter, you agree, to the following terms and conditions of the grant. 1. Purpose of Grant. The grant is to be used exclusively for capital purposes, namely to assist you in the acquisition, construction, renovation or improvement of the real property detailed in your Grant Request (the "Property "). The Property is to be used for religious, charitable, scientific, literary or educational purposes or the prevention of cruelty to children or animals (within the meaning of section 170(c)(2)(B) of the Internal Revenue Code), and more specifically, is to be used in the manner described in the Grant Request. for a period of 30 years following the date of this letter, you agree to repay the full amount of the grant if one of the following events occurs with respect to the Property, unless and until we waive the repayment obligation (in our sole discretion): (a) you sell, lease or otherwise dispose of all or a portion of the Property, directly or indirectly; (b) you mortgage, pledge or otherwise encumber all or a portion of the Property as security for a loan or other obligation; (c) you become divested of title to all or a portion of the Property in any manner; (d) you permit a third party to manage or operate all or a portion of the Property; (e) abandon or cease to operate all or a portion of the Property; (f) you change the primary use of the Property to a use that is not substantially consistent with the use described in the Grant Request; (g) you operate the I Property in a manner that is not substantially related to its exempt purpose (within the meaning of Section 513 of the Internal Revenue Code); (h) you cease to be an organization described in Section 501(c)(3) of the Internal Revenue Code; (i) you merge with another organization; or (j) you fail to comply with any term or condition of this grant and such failure continues for a period of 30 i days after we notify you of our intent to require repayment. 2. Disbursement of Grant. Upon our receipt of a duly signed copy of this letter agreement, the grant payment will be remitted to you. 3. Grant Restrictions. Grant funds may be used only for religious, charitable, scientific, literary, or educational purposes or the prevention of cruelty to children or animals (within the meaning of section 170(c)(2)(B) of the Internal Revenue Code), and for public purposes (within the meaning of section 170(c)(1) of the Internal Revenue Code). No part of the grant may be used (a) to carry on propaganda or otherwise Revised 10/01/2012 attempt to influence legislation (within the meaning of section 4945(d)(1) of the Internal Revenue Code), or (b) to attempt to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of section 4945(d)(2) of the Internal Revenue Code). 4. Grant Reporting. Within one year of payment of the grant funds or completion of the project, whichever comes first, you will furnish us with a full and complete report covering the manner in which all grant funds were spent and the progress made in accomplishing the purposes of the grant. You will also furnish us with any other information we reasonably request. 5. Inspections and Grant Oversight. We may, at our own expense, monitor and conduct an evaluation of operations, programs or projects funded by the grant, which may include site visits by Foundation representatives, and we may discuss such operations, programs or projects with your personnel. 6. Books and Records. You will keep complete and accurate books and records of the funds received and expenses incurred under this grant for at least four years after completion of your use of the grant funds, and make such information available to us at reasonable times. We may, at our own expense and on reasonable notice, audit your books and records as they relate to the grant. 7. Publicity , Trademarks and Copyrights. a. You may not use our logo or other identifying marks for any purpose without our prior written approval. In addition, any proposed publicity concerning the grant must have our review and written approval prior to its release. If our approval is granted, the identifying marks or publicity, as the case may be, may only be used in the manner and for the purposes and for the time period contemplated by our written approval. b. In exchange for the grant, you authorize us, and any person or entity associated with us, to use now or anytime in the future, your name, your logo or other identifying mark, a description of your operations generally and the particular project funded by the grant (subject to correction and amendment by you), information concerning the grant itself, and a link to your website, for any permitted use. For purposes of this Section 7, "permitted use" means use for educational, promotional or reporting purposes related to the Foundation, in any manner or media whatsoever, world- wide, whether now known or hereafter created, and includes, without limitation, use in our marketing materials, whether in print or electronic media, or in published or verbal form. c. In exchange for the grant, you also you grant to us, and any person or entity associated with us, a non - exclusive license to use any photographs, illustrations, films, recordings or other copyrightable works (collectively, "works ") that you provide to us in connection with the grant for any permitted use, with or without attribution, in whole or in part, in original or modified form, and alone or in conjunction with other materials, and you authorize us to make derivative works from such works for any permitted use. You understand that such license is irrevocable, and except for the grant, you will not receive any compensation or royalties, now or in the future, arising from our use of such works. You represent and warrant that you have (or will have, at the time you provide the works to us) all necessary rights and authority to grant the license, including permission from any persons depicted in the works. Further, you agree to release and hold harmless us Revised 10/01/2012 and our affiliates, licensees, assigns, agents, officers, trustees, employees and volunteers from, and to discharge and waive, any and all losses, claims, liability and damages arising from the publication or use of the works for permitted uses, including without limitation any claim for libel, slander, defamation of character or invasion of privacy. d. You authorize us, and any person or entity associated with us, to photograph, film, record and tape the project funded by the grant, and any related operations, and to use the same for permitted uses. You understand that you will not receive any compensation or royalties, now or in the future, for the creation or use of such materials; we will own all rights to such materials; and you will have no right to review or approve our use of such materials. 8. Suspension of Grant. The total amount of the grant, or any portion thereof, may be discontinued, modified or withheld at any time when, in our judgment, such action is necessary to (a) comply with the requirements of any law or regulation affecting our responsibilities with respect to the grant, or (b) protect the purposes and objectives of the grant or any other charitable interests of the Foundation. 9. Notice of Changes. The grant is being made in reliance upon your organization's status as a governmental unit (within the meaning of I.R.C. § 170(c)(1)), as represented in your Grant Request. You will immediately inform us and cease expenditure of any grant funds upon any change or challenge to such status, or if you have any reason to believe you are no longer able to expend the grant funds as contemplated by this letter agreement and the Grant Request or otherwise achieve the purposes of the grant. 10. Termination of Grant. We reserve the right to terminate this letter agreement and require you to return any unspent grant funds, at our sole discretion, if: (a) there is any change in or challenge by the IRS to your status as a governmental unit (within the meaning of I.R.C. § 170(c)(1)); (b) you violate any terms and conditions of this letter agreement; or (c) we believe you are no longer able to expend the grant funds as contemplated by this letter agreement and the Grant Request or otherwise achieve the purposes of the grant. 11. Miscellaneous. All references in this letter agreement to the term "grant" refer to the original funds and any investment earnings thereon. This letter agreement will be governed by the laws of the State of Colorado. We respectfully request that no statues, plaques, framed certificates, or any other gifts be presented to us for our support of the project or program funded by the grant. Your acceptance of the terms and conditions of the grant should be indicated below by signature of the officer(s) who are, under your bylaws and the law governing you, authorized to execute contracts on your behalf. By signing this letter agreement, you are promising that you will notify future officer(s) of the terms and conditions of this grant. Please return the executed original of this letter agreement to us at the address set forth above or via fax at (303) 534 -1943. We recommend you make a copy of the letter for your files. If you have any questions or concerns regarding the terms and conditions of the grant, either now or in Revised 10/01/2012 the future, please contact us at (800) 323 -9640. Thank you for the dedication and hard work that you have given to the community. The Boettcher Foundation is proud to support your efforts and wishes you the best in your endeavors. Sincerely, Boettcher Founda / on By: President & Executive Director Accepted on behalf of City of Pueblo this 9 th day of September , 20 13 City of Pueblo Print Name: Ste • • - - aw ocki Signatur - : _ __ ,- Title: President of City Council Revised 10/01/2012