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
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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-(
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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
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