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Home My WebLink About09312 ORDINANCE NO. 9312 AN ORDINANCE APPROVING AMENDMENT NO. 2 TO GRANT AGREEMENT NO. 05-01-05793 BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION APPROVED BY ORDINANCE NO. 7001 AND AMENDED BY ORDINANCE NO. 9259 RELATING TO INFRASTRUCTURE FOR EXPANSION OF THE PUEBLO CONVENTION CENTER EXPOSITION HALL AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 2 to the Grant Agreement between the City of Pueblo, a Municipal Corporation, and the United States Department of Commerce, Economic Development Administration, Investment No.05-01-05793, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Amended Grant Agreement in the name of the City and the Acting City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance and Agreement to implement the policies and procedures described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED July 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: July 23, 2018 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING AMENDMENT NO. 2 TO GRANT AGREEMENT NO. 05-01-05793 BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION APPROVED BY ORDINANCE NO. 7001 AND AMENDED BY ORDINANCE NO. 9259 RELATING TO INFRASTRUCTURE FOR EXPANSION OF THE PUEBLO CONVENTION CENTER EXPOSITION HALL AND AUTHORIZING THE PRESIDENT OF CITY TO EXECUTE SAME SUMMARY: This Ordinance approves Amendment No. 2 to Grant Agreement No. 05-01-05793 (“Grant Agreement”) between Pueblo, A Municipal Corporation and the United States Department of Commerce, Economic Development Administration (“EDA”), approved by Ordinance No. 9027, and amended by Ordinance No. 9259 modifying the Project Development Time Schedule – Start of Construction date for the expansion of the Pueblo Convention Center Exposition Hall. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 9027 on August 8, 2016 pertaining to Grant Agreement No. 05-01-05793 between Pueblo, a Municipal Corporation and the United States Department of Commerce, Economic Development Administration to fund infrastructure improvements for the expansion of the Pueblo Convention Center Exposition Hall. On April 23, 2018, City Council approved Ordinance No. 9259 amending the Grant Agreement related to a reduction of the site work and infrastructure for the expansion of the Pueblo Convention Center Exposition Hall. BACKGROUND: This Ordinance approves Amendment No. 2 to the Grant Agreement which approves modifying the Project Development Time Schedule – Start of Construction date in Grant Agreement No. 05- 01-05793 relating to the expansion of the Pueblo Convention Center Exposition Hall. The Project Development Time Schedule is modified as follows:  Start of Construction date moves from July 15, 2018 to the new date of November 15, 2018 - 28 Months from Date of Award. Both the construction completed date of July 15, 2020 and the authorized award end date of January 15, 2021 do not change from the original agreement. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The Pueblo Urban Renewal Authority as a co-applicant to this Project will be required to approve Amendment No. 2 to the Grant Agreement. The approval of the amendment to the Grant Agreement is scheduled for the July 10th, 2018 Urban Renewal Board meeting. In addition, the Regional Tourism Steering Committee comprised of staff members from the City, HARP Authority, Pueblo Urban Renewal Authority, and the Greater Pueblo Chamber of Commerce have been involved in the review of the Project timing and are aware of the need to extend the time schedule to complete the work funded by the EDA grant. ALTERNATIVES: Without extending the start of construction date, the Project outlined in the grant agreement will risk the loss of the grant funds as stipulated in the current grant agreement. RECOMMENDATION: Approve the Ordinance. Attachments: Amendment No. 2 to Grant Agreement • FORM CD-451 (MULTI) U.S. DEPARTMENT OF COMMERCE (REV.2-15) GRANT ❑COOPERATIVE AGREEMENT FEDERAL AWARD ID NUMBER AMENDMENT TO 05-01-05793 FINANCIAL ASSISTANCE AWARD CFDA NO.AND NAME 11.300 Public Works PROJECT TITLE Infrastructure for Expansion of Convention Center Exposition Hall RECIPIENT NAME City of Pueblo STREET ADDRESS 200 South Main Street CITY,STATE,ZIP CODE Pueblo, CO 81003-3525 RECIPIENT NAME AMENDMENT NUMBER Urban Renewal Authority of Pueblo 2 STREET ADDRESS EFFECTIVE DATE OF AMENDMENT 115 East Riverwalk, Unit 410 6/1/2018 CITY,STATE,ZIP CODE EXTEND PERIOD OF PERFORMANCE TO (IF APPLICABLE) Pueblo, CO 81003-3525 COSTS ARE REVISED AS FOLLOWS: PREVIOUS ADD DEDUCT TOTAL ESTIMATED ESTIMATED COST COST FEDERAL SHARE OF COST $ 1,031,960.00 $ 1,031,960.00 RECIPIENT SHARE OF COST $ 2,192,914.00 $ 2,192,914.00 TOTAL ESTIMATED COST $ 3,224,874.00 $ 3,224,874.00 REASON(S)FOR AMENDMENT This Amendment will revise Special Award Condition No. 4- Project Development Time Schedule -Start of Construction Date. All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. This Amendment Document(Form CD-451)signed by the Grants Officer constitutes an Amendment of the above- referenced Award,which may include an obligation of Federal funding. By signing this Form CD-451,the Recipient agrees to comply with the Amendment provisions checked below and attached, as well as previous provisions incorporated into the Award. If not signed and returned without modification by the Recipient within 30 days of receipt,the Grants Officer may unilaterally withdraw this Amendment offer and de-obligate any associated funds. Special Award Conditions ❑ Line Item Budget ❑ Other(s): SIGNATURE OF DEPARTMENT OF COMMERCE GRA S OFFICER DATE Angela B. Martinez, Regional Director 1110, int, ii/ig PRINTED NAME,TITLE,AND SIGNATURE OF AUTHORIZED CIPIEN FFICIAL DATE ChristoRher A. Nicoli, President, City Council y 7/23/it PRINTED N],ME,TITLE, SI TURE OF AUTHORIZED OFFICIAL DATE Donald J. anner, TrBan"ge-nelval Authority of Pueblo C2S t W ADMINISTRATION ELECTRONIC FORM , City of Pueblo, CO and Award Number 05-01-05793 Urban Renewal Authority of Pueblo, CO AMENDMENT TO SPECIAL AWARD CONDITIONS U.S. DEPARTMENT OF COMMERCE Economic Development Administration (EDA) Provision 4 of the Special Award Conditions for Financial Assistance Award Number 05-01-05793 is hereby amended as follows: 4. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project Development Time Schedule: Date of Award . July 15, 2016 Return of Executed Financial Assistance Award 30 calendar days after receipt of Form CD-450/CD-451 Start of Construction. November 15, 2018 (28 Months from Date of Award) Construction Completed July 15, 2020 (44 Months from Date of Award) Authorized Award End Date January 15, 2021 (54 Months from Date of Award) Project Closeout—All Project closeout documents, including any required program reports, shall be submitted to EDA not more than 90 calendar days after the date the Recipient accepts the completed project from the contractor(s). The Recipient shall diligently pursue the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient shall promptly notify EDA in writing of any event that could substantially delay meeting any of the proscribed time limits for the Project as set forth above. The Recipient further acknowledges that failure to meet the Project Development Time Schedule may result in EDA's taking action to terminate the Award in accordance with the regulations set forth at 2 C.F.R. §§ 200.338 through 200.342, as applicable. Except to the extent modified herein, all terms and conditions of the Award shall remain in full force and effect. Page 1 of 1