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HomeMy WebLinkAbout08686ORDINANCE NO. 8686 AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 RELATING TO THE CITY HALL FINAL PHASE PROJECT (PL1306), APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DAVID AND LUCILE PACKARD FOUNDATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the David and Lucile Packard Foundation has offered funds through an agreement dated November 12, 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 David and Lucile Packard Foundation, dated November 12, 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 David and Lucile Packard Foundation Agreement dated November 12, 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: December 9, 2013 BY: Chris Kaufman PASSED AND APPROVED: December 23, 2013 Background Paper for Proposed ORDINANCE DATE: DECEMBER 9, 2013 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JEFF BAILEY, P.E., ACTING DIRECTOR TITLE AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 RELATING TO THE CITY HALL FINAL PHASE PROJECT (PL1306), APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DAVID AND LUCILE PACKARD FOUNDATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council budget and appropriate $50,000 relating to the City Hall Final Phase Project and approve an agreement between the City of Pueblo and the David and Lucile Packard Foundation? RECOMMENDATION Approval of the Ordinance. BACKGROUND The grant from the David and Lucile Packard Foundation in the amount of $50,000 is designated to fund the completion of the pre-function room (Old City Clerk’s Office) on the first floor of City Hall as it relates to Memorial Hall. In addition to the Packard Foundation funded restoration of the pre-function room, the final phase of the City Hall Project finishes the renovation of the offices on the first, second, and basement floors for the City Manager, City Clerk, Finance Administration, Business and Sales Tax offices. The balance of remaining funds from the Phase One City Hall Project will be used as local matching funds to secure other grant funding to assist in securing the remaining $1.2 million dollars needed to complete the final phase of the building restoration. FINANCIAL IMPACT Funds in the amount of $50,000 will be budgeted and appropriated in Capital Project PL1306. The David and Lucile Packard Foundation grant agreement requires the City to comply with the representations in the application and grant agreement, and to provide required project status and financial reports. The .David and Lucile Packard Foundation Office of the President November 12, 2013 Mr. Sam Azad City Manager City of Pueblo 211 East D Street Pueblo, CO 81003 RE: Grant #2013 -39395 Dear Mr. Azad: It is a pleasure to inform you that the David and Lucile Packard Foundation has approved a grant in the amount of $50,000 to City of Pueblo ("the Grantee "). This grant is for the conversion, rehabilitation, and upgrade of the City Clerk's Office into a reception /pre- function room for the Memorial Hall Theater, as described in your letter and proposal dated September 5, 2013. Enclosed is the Grant Agreement containing the terms and conditions governing your use of our grant funds. Please read it carefully. The Grant Agreement must be signed and dated by an officer, director, or trustee of the Grantee. As part of our commitment to reducing paper usage we would prefer that you send your signed Grant Agreement via your Grant Site or an email to COadmin(a)packard.org. If you are unable to submit your signed Grant Agreement online, please return a signed hard copy to the attention of Grantmaking Operations. The Foundation will not make payments on this grant until we receive the signed Grant Agreement. Please keep a copy for your files. The Grant Agreement contains payment and reporting schedules; if these present any significant difficulties for you or if you have any questions about this grant, please contact your program officer, Mary Gunn, as soon as possible. In all correspondence with us, please refer to Grant #2013- 39395. The Foundation Trustees, the Pueblo Advisory Board, Mary Gunn, and I are pleased to be able to assist you in your work. We wish you success and look forward to hearing from you. Cordially, Carol S. Larson President and CEO CSL /su Enclosures: Grant Agreement Grantee Experience Standards 343 Second Street / Los Altos, California 94022 / tel (65o) 948 -7658 / www.packard.org tt 1 Grant Agreement for City of Pueblo The David and Lucilc' Packard Foundattion 2013 -39395 Office of the President GRANT AGREEMENT This Grant Agreement contains the terms and conditions for Grant #2013 -39395 in the amount of $50,000 from the David and Lucile Packard Foundation to City of Pueblo ( "the Grantee "), dated November 12, 2013. By signing this Grant Agreement and accepting grant funds, an officer, director, or trustee of the Grantee who is legally authorized to enter into this Grant Agreement agrees to the obligations and conditions, and makes the representations set forth below. Purpose of Grant This grant is for the conversion, rehabilitation, and upgrade of the City Clerk's Office into a reception/pre- function room for the Memorial Hall Theater, as described in the Grantee's letter and proposal dated September 5, 2013. 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. The Grantee warrants that all materials uploaded to the Grantee's Grant Site or submitted to the Foundation by other means, by Grantee's employees or authorized representatives, contain true and accurate representations regarding the Grantee and Grant #2013- 39395. 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: November 2013 $50,000 Final Report August 15, 2014 If the payment or reporting schedules present any significant difficulties for you, please contact Mary Gunn. Please refer to Grant #2013 -39395 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 / 1 os Altos, California 94022 / tel (650) 948.7658 / www.packarcl.org Grant Agreement for City of Pueblo The David and Luciic Packard Founndation 2013 -39395 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)(2)(B). 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 ackard F nd By: ...r = Effective Date: November 12, 2013 Carol S. Larson President and CEO Grantee Read an. _ eed • : City of Pblo /Grant #2013 -39 95 or By. Date: /0 (Signature) Printed Name: Stephen G. Nawrocki Title: President of City Council___.____ Agreement must be signed and dated by an officer, director, or trustee of the Grantee. 343 Second Street /Los Altus Cal i f ornia 94022 / tel (650) 948 -7658 / www.padcard.org David f f 1 Grant Agreement for City of Pueblo TTim /avid and Lucile Packard Foundation 2013 -39395 office of the President GRANTEE EXPERIENCE STANDARDS The David and Lucile Packard Foundation wants all grantees to have a positive experience working with the Packard Foundation. We promise grantees the following: • You will be provided with realistic expectations about the proposal process and timing. • You will receive a response to your email or phone inquiry (or a notification that the Foundation staff member you are contacting is out of the office) within three days. • When you speak to a program officer, you will receive clear communication about the subprogram strategy and where the work of your organization fits into that strategy. • You will receive a response to your final report within 60 days in which we acknowledge and comment briefly on the substance of your work. We greatly value grantee communication directly with our program staff to provide feedback on any part of the grantmaking process. If you would like to provide feedback to us directly, please email your comments to granteefeedback@packard.org. Those who would prefer to offer feedback confidentially are invited to fill out an online evaluation administered by EthicsPoint, a third -party ombudsman. To complete this short survey, please visit https:/ secure ethicspointcom /dorna /en /tehurt_custom.a ?clientid_,12445 Your feedback will be reviewed by the Foundation only and, when appropriate, you will receive a response from our staff that addresses your concerns. 343 Second Street / Los Altos, California 91022 / tel (65 0 ) 948.7655 / www.pacicard.or