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ORDINANCE NO. 9552
AN ORDINANCE ACCEPTING GRANT FUNDS FROM EL
POMAR FOUNDATION AND BUDGETING AND
APPROPRIATING SAID FUNDS IN THE AMOUNT OF $25,000 TO
THE GATEWAY TO THE SOUTHWEST I-25 ART PROJECT,
PL1801 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the El Pomar Foundation has offered grant funds to the City of Pueblo; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Colorado Municipal Corporation, and El
Pomar Foundation (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 in the amount of $25,000 are hereby budgeted and appropriated for the Gateway
to the Southwest I-25 Art Project, PL1801.
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 on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on September 9, 2019 .
Final adoption of Ordinance by City Council on September 23, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on September 26, 2019 .
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor
:
□
Council did not act to override the Mayor’s veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 9,2019
TO: President Dennis Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE ACCEPTING GRANT FUNDS FROM EL POMAR
FOUNDATION AND BUDGETING AND APPROPRIATING SAID FUNDS IN
THE AMOUNT OF $25,000 TO THE GATEWAY TO THE SOUTHWEST I-25
ART PROJECT, PL1801 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
This Ordinance accepts grant funds from the El Pomar Foundation and budgets and
appropriates the funds in the amount of $25,000 to the Gateway to the Southwest I-25 Art
Project, PL1801.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council has authorized the submittal of a grant application to El Pomar
Foundation, dated June 24, 2019, Resolution No. 14230.
BACKGROUND:
The City of Pueblo applied for a $100,000 grant through the El Pomar Foundation for the
.
Gateway to the Southwest I-25 Art ProjectThe grant award was in the amount of $25,000. The
Project consists of four components. The first component is the capital component for the design
and construction of a pair of 45-foot sculptures installed in the roundabouts on the bridge. The
sculptures will be seen by approximately 18.7 million vehicles annually from I-25. Secondly,
there is a program component, or Community Participation Plan,which consists of public
meetings, promotion, marketing and an online based web site for submittals by the community
and recognition of project donors. The third component will be the construction of two small
replica sculptures located at the Historic Arkansas Riverwalk of Pueblo (HARP) to provide
access to visitors who cannot stop at the main sculptures on Dillon Drive bridge. Finally, a
stewardship fund will be established to take care of the maintenance of the Gateway Sculptures
such as graffiti and lighting. The City Planning Department is currently involved in raising funds
for the Project.
FINANCIAL IMPACT:
Funds in the amount of $25,000 will be deposited, budgeted and appropriated into the Gateway
to the Southwest I-25 Art Project, PL1801.
Source of Funding Breakdown:
Per Proposed Ordinance
El Pomar Foundation $ 25,000
Secured Funding Sources:
Robert Hoag Rawlings Foundation (2 of 3 payments) $300,000
City of Pueblo $130,000
Garone Nicksich Foundation $ 50,000
Pueblo BOCC $ 50,000
Legacy Bank $ 24,000
Pueblo Bank and Trust $ 5,000
Connect Charter School $ 500
Total Funding to Date: $584,500
Project Budget: $862,000 Remaining Funding Needed: $277,500
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
The Project will not go forward if the Ordinance is not approved.
RECOMMENDATIONS:
Approve the Ordinance.
Attachments:
EL Pomar Foundation Award Letter and Grant Terms and Conditions
EL POMAR FOUNDATION
GENERAL GRANT TERMS AND CONDITIONS
In addition to the specific terms outlined in our grant award letter dated 08/21/2019 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 GRANT EVALUATION. You will exercise full control over your project's
a governmental entity as defined under Section 170(c)(1)of the Internal administration,management and any subsequent disbursement of funds. The
Revenue Code of 1986,as amended(the"Code")which includes a State,a Foundation's role will consist of reasonable oversight to allow for the proper
possession of the United States,or any political subdivision of the foregoing,or evaluation of this grant. You agree to permit the Foundation,at its request,to
the United States or the District of Columbia. In cases where your governmental have reasonable access to all files,records,and personnel necessary to make
connection may not be obvious,you agree to provide the Foundation with such financial audits,verifications or program evaluations as may be necessary
adequate documentation verifying your association as a governmental entity. or appropriate. In addition,you agree to maintain such records as will permit the
Foundation to easily check the use of grant funds and to keep these records for
You acknowledge that your organization is not controlled directly or indirectly by at least four years after the final report is submitted.
the Foundation.
PUBLICITY. Please clear with us any public announcement of this grant. If this
USE OF GRANT FUNDS. This grant(together with any income earned upon grant provides the majority funding for the acquisition of real or personal
investment of the grant proceeds)is restricted to the purpose specified in the property,we would request that appropriate identification be placed on the item
grant award letter and is to be spent in accordance with your proposed budget. showing that it was a gift of El Pomar Foundation.
Any part of the grant funds not so used must be returned promptly to the
Foundation. MODIFICATION. This grant agreement sets forth all of the terms of this grant
and replaces all prior understandings and agreements. The purposes,terms
You agree that the activities funded by this grant are charitable,educational, and conditions of this grant award may not be changed or modified without the
scientific or literary(as those terms are defined in Section 170(c)(2)(B)of the express written consent of the Foundation.
Code)and, more specifically,that all expenditures will be for exclusively public
purposes. DISCONTINUANCE. The Foundation may discontinue,modify or withhold any
payment under this grant award or terminate the grant and require a total or
You acknowledge that the Foundation has not earmarked the use of the grant partial refund of any of the grant funds if,in the Foundation's sole judgment,
funds or any portion thereof for another organization,an individual or for any such action is necessary:(a)because of a violation of the terms and conditions
lobbying activity. of this grant;(b)to protect the purposes and objectives of this grant or any other
You affirm that the charitable purpose of this grant will be fulfilled within the charitable interest of the Foundation;or(c)to comply with the requirements of
State of Colorado any law or regulation affecting the Foundation's responsibilities with respect to
this grant;or(d)to protect the Foundation's financial ability to carry out its
You agree that no member of the Foundation's staff or Trustees(or a related programs.
party)will receive a financial benefit as a result of this grant. 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
grant.
result of this grant.
GOVERNING LAW. All questions of law which may arise in the administration
FINAL REPORT. The Foundation will require that you submit a final report on of this grant shall be determined in accordance with the laws of the State of
the use of the grant by the date specified in the grant award letter. This report Colorado.
should give an accounting of how the grant was spent as compared to the
budget submitted in your grant proposal,the progress made in accomplishing INDEMNIFICATION AND HOLD HARMLESS: In consideration for El Pomar's
the objectives of the grant,and any other information you feel would be relevant awarding this grant,your organization,its employees,agents or assigns agree
in allowing the Foundation to evaluate the grant. to hold harmless,indemnify,release and forever discharge El Pomar,its
OF GRANT. The payment of this grant will be as specified in the officers,agents,employees,affiliates,attorneys,successors and assigns from
PAYMENTnt award letter,Gr,unless the paymnt foundation approves grana ill bewritterequested ina and against any and all judgments,actions,claims,suits,losses,damages,and
gradifferent schedule. If payments are conditioned upon receipt of progress reports expenses resulting from,related to or in any way connected with this grant.
or other required documentation,delays may occur if these documents are not AUTHORITY. The undersigned represents that he/she is the duly authorized
submitted timely or if the Foundation determines there is a lack of reasonable chief executive officer of the Grantee and as such is empowered to accept this
progress in the funded activity. grant on behalf of the Grantee and to obligate the Grantee to observe all the
terms and condition of the grant.
RELIANCE ON FUTURE FUNDING. You acknowledge that the representatives
of the Foundation have made no any actual or implied promise of funding Executed on the behalf of:«Org_Legal_Name»
beyond the amounts specified in the grant award letter. This includes any •
obligation to provide continued support for this or any other project.Continued
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funding can only be obtained through submission of additional proposals in
BY: �4 ��a�C
accordance with the Foundation's policies and guidelines.
REQUIRED NOTIFICATION. You are required to provide the Foundation with Printed Name: Nicholas A. Gradishar
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
purpose other than those for which the grant was intended. Title: Mayor of Pueblo
Date: September 23, 2019
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