Loading...
HomeMy WebLinkAbout09808ORDINANCE NO. 9808 AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING TWENTY-FOUR THOUSAND TWO HUNDRED AND EIGHTY-SEVEN DOLLARS ($24,287) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE PUEBLO ZOOLOGICAL SOCIETY, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO NECESSARY EXPENDITURE INCURRED AND TO BE INCURRED IN THE OPERATION OF THE PUEBLO ZOO DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of Twenty-Four Thousand Two hundred and Eighty-Seven Dollars ($24,287) is budgeted and appropriated from Project No. CI2010 to the Pueblo Zoological Society, a Colorado nonprofit corporation, for the purposes of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of the Pueblo Zoo due to the COVID-19 public health emergency. SECTION 2. The Grant Agreement (“Agreement”), between the City of Pueblo, a Colorado municipal corporation, and the Pueblo Zoological Society, a Colorado nonprofit corporation, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney is hereby approved. SECTION 3. The Mayor is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement, to implement the policies and procedures described therein. SECTION 5. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3-20 of the City Charter, for the following reasons: Time is of the essence. Coronavirus Relief Funding expires December 30, 2020. SECTION 6. 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 October 26, 2020. Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 2020 . ☐ 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 President of City Council Action by the Mayor: □ Approved on . □ 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 # S-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 26, 2020 TO: Dennis E. Flores and Members of City Council FROM: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk SUBJECT: AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING TWENTY- FOUR THOUSAND TWO HUNDRED AND EIGHTY-SEVEN DOLLARS ($24,287) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE PUEBLO ZOOLOGICAL SOCIETY, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO NECESSARY EXPENDITURE INCURRED AND TO BE INCURRED IN THE OPERATION OF THE PUEBLO ZOO DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE SUMMARY: Attached is an emergency Ordinance budgeting and appropriating Twenty-Four Thousand Two Hundred and Eighty Seven Dollars ($24,287.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Pueblo Zoological Society, a Colorado Nonprofit Corporation for the purpose of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of the Pueblo Zoo due to the COVID-19 public health emergency. PREVIOUS COUNCIL ACTION: On June 27, 2020, by emergency Ordinance No. 9732, City Council approved and authorized the Mayor to sign a Collaboration Agreement with Pueblo County; the Town of Boone and the Town of Rye related to the distribution of funds received under the federal Coronavirus Aid Relief and Economic Security (CARES) Act. In the Collaboration Agreement it was stipulated that the City of Pueblo would receive $5,575,945 in federal CARES Act funds. On July 13, 2020 by emergency Ordinance No. 9742, City Council established Project No. CI 2010 to maintain appropriate accounting of funds received by City under the federal CARES Act. BACKGROUND: The purpose of the attached Ordinance is to provide financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of the Pueblo Zoo due to the COVID-19 public health emergency. FINANCIAL IMPLICATIONS: Under the attached proposed Ordinance, Twenty-Four Thousand Two Hundred and Eighty Seven Dollars ($24,287.00) will be transferred to the Pueblo Zoological Society for the purpose of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of the Pueblo Zoo due to the COVID-19 public health emergency. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not transferring up to $24,287.00 in federal CARES Act funds to the Pueblo Zoological Society for the purpose of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of the Pueblo Zoo due to the COVID-19 public health emergency. RECOMMENDATION: Approve the attached ordinance. Attachments: Proposed Ordinance GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into this ,2 day of Dc.),dbtr , 2020 by and between the City of Pueblo, a Colorado municipal corporation (the "City") and the Pueblo Zoological Society, a Colorado nonprofit corporation (the "Company"). WHEREAS, City and Company are parties to the City of Pueblo Zoo Management Agreement ("Operating Agreement"). Pursuant to the Operating Agreement, Company operates the Pueblo Zoo which is a public recreation and education facility of the City. WHEREAS, Company has requested financial assistance with respect to necessary expenditure incurred and to be incurred due to the COVID-19 public health emergency. WHEREAS, based upon the representations of Company and subject to the limitations and conditions of this Agreement, City is willing to provide such assistance NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Company agree as follows: 1. The City shall pay Company the sum of$24,287 upon execution of this Agreement. Said funds shall be used by Company solely for the following purposes ("Dedicated Purposes"): (a) $2,750 for expenses incurred by Company for safety supplies incurred in responding to the COVID-19 public health emergency including expenses to disinfect public areas and zoo facilities, and (b) $21,537 for purchases identified in the attached Exhibit 1 and necessary to transition the conservation education programs for schoolchildren to a distance education program. Company represents that the program can no longer be held in person and transitioning of the program to a distance education program is a necessary expense to the operation of the Zoo, will accommodate social distancing and mitigate the spread of COVID. 2. Company stipulates, acknowledges and agrees that Company has not and will not use other federal, state or local funds for the Dedicated Purpose. 3. All funds distributed to Company under this Agreement shall be spent on or before December 30, 2020, and if not spent by said date, shall be immediately returned to the City. 4. Company stipulates and acknowledges that it is City's right to seek reimbursement from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program for funds distributed to Company under this Agreement. Company shall provide all assistance requested by City in order to apply for and process any reimbursement request under said program including providing any records identified in paragraph 5 of the Agreement. Notwithstanding any reimbursement received by City, all items 1 purchased with funds distributed to Company under this Agreement shall constitute equipment purchased by Company in whole or in part with City funds for purposes of Section 10(d) of the Operating Agreement. 5. Company shall create, document and maintain all necessary records, books, papers and other documents ("Required Records") which establish performance of and compliance with the representation, terms and conditions of this Agreement for a period up to and including December 30, 2027. Company shall make the Required Records available for inspection, review and audit by authorized representatives of the City or the State of Colorado. 6. Miscellaneous. (a) Authority of Signers. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. (b) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to enforce any provision of this Agreement, to recover damages for Company's breach of this Agreement, or to seek specific performance of this Agreement, the City shall be entitled to collect its reasonable attorney's fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding. (c) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. Executed the date and year first above written. City of Pueblo, Colorado a Colorado Municipal Corporation [ SEAL ] Atte 4 tnc/fzat411-10 By: 71 .4 i&, �- ity Clerk Mayor PUEBLO ZOOLOGICAL SOCIETY [SEAL] ATTEST: BY: •' ,a-n-( 2 EXHIBITI-Pueblo Zoo Conservation Education Request for Funding - City of Pueblo Technology Digital Camera & Equipment $2,145 Virtual Studio Tech $2,900 Document Camera $200 Vimeo Video Hosting $240 Zoom Subscription $588 Prezi Software Subscription $240 Tech Subtotal $6,313 Video Production Video Editing Software $265 Jolly Mule Productions $10,000 Video Subtotal $10,265 Program Expenses Discovery Kit Materials $2,500 Discovery Kits Mailing $1,800 Docent Trainings & Meetings $100 Printing $175 Survey Monkey Program $384 Evaluation Program Subtotal $4,959 Total City Request $21,537 3