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HomeMy WebLinkAbout10117ORDINANCE NO. 10117 AN ORDINANCE APPROVING AND ACCEPTING A GRANT FROM WALMART FOR FUNDS IN THE AMOUNT OF $2,500 TO PROVIDE PROTECTIVE VESTS AND GLOVES FOR PARK RANGERS, AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING THE PARK RANGER VEST PURCHASE PROJECT NO. PS2201, AND BUDGETING AND APPROPRIATING $2,500 TO PROJECT NO. PS2201 WHEREAS, the City of Pueblo has been awarded a grant from Walmart Inc. for protective vests and gloves for Park Rangers; and WHEREAS, a project needs to be established and the funds budgeted and appropriated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Walmart Grant Agreement (the “Agreement”), by and between the City of Pueblo, a Municipal Corporation, and Walmart Inc., making available $2,500.00 in grant funds to help provide protective vests and gloves for Park Rangers, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, ratifying the previous application and acceptance by City staff, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 3. The Park Ranger Vest Purchase Project No. PS2201 is hereby established. SECTION 4. Funds in the amount of $2,500.00, and any other funds received pursuant to the Agreement or an addendum to the Agreement, shall be accepted pursuant to the Agreement and budgeted and appropriated to the Park Ranger Vest Purchase Project No. PS2201. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the Agreement to implement the policy and procedures described therein. 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 February 14, 2022 . Final adoption of Ordinance by City Council on February 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on March 2, 2022 . □ 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-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 14, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT FROM WALMART FOR FUNDS IN THE AMOUNT OF $2,500 TO PROVIDE PROTECTIVE VESTS AND GLOVES FOR PARK RANGERS, AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING THE PARK RANGER VEST PURCHASE PROJECT NO. PS2201, AND BUDGETING AND APPROPRIATING $2,500 TO PROJECT NO. PS2201 SUMMARY: This Ordinance will approve and accept a grant from Walmart for funds in the amount of $2,500.00 to provide protective vests and gloves for Park Rangers. It also establishes Project No. PS2201, budgets and appropriates funding for said project. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND This ordinance is to approve and accept a Walmart Community Grant for protective equipment that will be utilized by the Park Rangers. The equipment consists of protection VP3 vests and hatch cut-resistant gloves. FINANCIAL IMPLICATIONS: The grant is for $2,500.00 and requires no matching funds. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the grant will not be accepted from Walmart. RECOMMENDATION The Department of Parks and Recreation recommends approval of this Ordinance. Attachments: Ordinance Walmart Grant Agreement Walmart Inc. requires each Grantee to accept the following terms which shall acceptance of these terms is a prerequisite for the consideration of your grant application. Please note that your review and agreement to the following terms does not create any agreement on behalf of Walmart to approve your grant application or to provide any donation to your organization. The following terms become binding only upon the issuance of a check by application. Unless otherwise specified, all terms shall apply to all Grantees. The Grantee agrees to the following: 1. AUTHORITY the Grantee to this Agreement. 2. REPRESENTATIONS OF GRANTEE types of organizations: An organization holding a current tax-exempt status under Section 501(c)(3) or (19) of the Code; A recognized government entity: state, county, or city agency, including law enforcement or fire department; A K-12 public or private school, charter school, community/junior college, state/private college or university; or A recognized church or other faith-based organization. 3. PURPOSE AND ADMINISTRATION The Grantee will directly administer the project or program being supported by the grant and agrees that no grant funds shall be re-granted to any organization or entity, whether or not formed by the Grantee. The Grantee will use funds for exclusively charitable, scientific, and/or educational purposes. The Grantee shall expend the grant funds exclusively within the United States in accordance with this Agreement. 4. USE OF GRANT FUNDS The Grantee shall use the full amount of the grant for the purposes set forth in the Fund Use. Unless otherwise agreed in writing by Grantor, the Grantee shall return any portion of the grant and the income earned thereon that is not expended for such purposes. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code of 1986, as amended (the To influence the outcome of any specific public election; To conduct activities outside the United States; To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code; or To promote or engage in criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin, religion, military and veteran status, disability, sex, gender identity, age, or sexual orientation, or support of any entity that engages in these activities. Any interest or other income generated by the grant funds must be applied to the purposes described in the Fund Use. To the extent that the Grantee is a governmental entity, and in addition to all other requirements contained in this Agreement, the Grantee agrees that grant funds are to be used exclusively for public purposes within the meaning of Section 170(c)(1) of the Code. 5. RECORD RETENTION 2 The Grantee agrees to maintain complete and accurate records of receipts and expenditures and make its books and records available to the Grantor at reasonable times upon its request. Grantee will maintain books, accounts, and records that, with a sufficient detail, accurately and clearly reflect its transactions and the dispositio Furthermore, Grantee will maintain records of expenditures charged against the grant that are adequate to identify the use of the funds in compliance with the purposes and restrictions specified in this Agreement. Such records shall be retained for a period of at least five years after the completion of the use of the grant. The Grantor may, at its expense, monitor and conduct an evaluation of operations under the grant, which may include visits by representatives of the Grantor to observe the 6. ADDITIONAL TERMS AND CONDITIONS sustained progress toward the completion of the activities and achievement of the objectives contained in the Funds Use. Notwithstanding the foregoing, in the event that Grantor determines, in its sole discretion, that Grantee has engaged in conduct that violates Section 12 of this Agreement, Grantor immediately shall have the right to suspend future donations and to suspend or terminate this Agreement. If the Grantor determines, in its reasonable discretion, that the Grantee has breached or failed to carry out any provision of this Agreement, the Grantor may, in addition to any other legal remedies it may have, terminate the grant and demand the return of all or part of the grant funds not spent or obligated to third parties in accordance with the terms of this Agreement, including, without limitation, all grant funds expended by the Grantee for purposes other than for the Funds Use. The Grantee shall return all such grant funds to the Grantor within thirty (30) days of receiving a termination notice from the Grantor. 7. PUBLICITY The Grantor may make information regarding this grant public at any time and in a manner which it deems appropriate. Grantee agrees to cooperate with any effort by Grantor to publicize the grant, including but not limited to designating a suitable representative to appear on behalf of Grantee at publicity events, providing relevant and pertinent information to include in press releases and distributions, and responding as appropriate to relevant and pertinent press inquiries. Grantee agrees to provide Grantor an opportunity to review and comment on the contents of any statement, release, or report concerning this grant in advance of its release to the public or any third party. 3 Notwithstanding anything to the contrary contained herein, Grantee may list Grantor as a transfer of funds to Grantee pursuant to this Agreement; provided, however, (i) any such listing will include the names of other supporters of Grantee and (ii) position on such listing shall be reasonable in proportion to the amount given by Gra or trademarks, trade names or other intellectual property is granted hereunder. 8. NO ADDITIONAL SUPPORT It is expressly understood that the Grantor has no obligation to provide additional support to the Grantee for this or any other project or purposes. 9. GENERAL INDEMNIFICATION The Grantee shall indemnify, defend, save and hold harmless the Grantor, its governing board, and the individual members thereof, and all officers, agents, employees, representatives and volunteers from and against any and all liability, loss, cost, expense, injury, proceeding, claim or obligation arising out of, related to, connected with, or as a result of any acts or omissions of the Grantee, including, without limitation, any injury or property damage suffered by any third party due to the negligence or willful misconduct by the Grantee or any Grantee employee, officer, agent, employee, representative or volunteer in performance of this Agreement. Such provision shall not apply to any liability, loss, cost, expense, injury, proceeding, claim or obligation arising out of, connected with, or as a result of any negligent act or willful misconduct committed by the Grantor. In no case shall the Grantor be liable to the Grantee or any third party for consequential damages. The Grantor shall have no liability for any debts, liabilities, deficits, cost overruns, or negligence or willful misconduct of the Grantee. It is expressly understood by the parties that no trustee, director, member, officer, employee or other representative of the Grantor shall incur any financial responsibility or liability of any kind or nature in connection with this Agreement. The parties agree that the liability of the Grantor hereunder shall be limited to the payment of the grant awarded by Grantor, if any, pursuant to the terms and conditions of this Agreement and that the Grantor shall have no other duty or obligation to the Grantee or any other person. To the extent that the Grantee is a governmental entity described in Section 170(c)(1) of the Code and is prohibited by law from providing Grantor with the above indemnification, this Section 9 shall not be applicable. 10. COMPLIANCE WITH LAWS Grantee will comply in full with all applicable federal, state, and local laws and regulations and rules of governmental agencies and bodies relating to acceptance and use of the grant, including those that govern gifts, donations, contributions, expenditures, and 4 anything else of value that benefit, directly or indirectly, public officials. Grantee agrees to notify Grantor immediately: (a) of any conduct on part that may be in violation of any applicable federal, state and local laws and (b) if Grantee receives notice of, or otherwise becomes aware of, any actual or threatened investigation, action, litigation, or disciplinary or other proceeding of which Grantee is or may be a subject in connection with the grant and to the extent permitted by applicable law, shall provide Grantor with all written notices and communications received by Grantee relating to any such investigation, action, litigation, or disciplinary proceeding. 11. ANTI-TERRORISM AND ECONOMIC SANCTIONS violation of any Anti-Terrorism Law (as defined below), (ii) is or will become a Prohibited Person (as defined below), (iii) conducts or will conduct any business or engages or will engage in any transaction or dealing with any Prohibited Person, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person, (iv) deals in or will deal in or otherwise engages or will engage in any transaction relating to property or interests in property blocked pursuant to Executive Order No. 13224 (as defined below); or (v) engages in or will engage in or conspires to engage in any transaction that evades or avoids, or has the purpose or intent of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. As used -- laundering, including Executive Order No. 13224 and the USA Patriot Act (as defined 224 on Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support (1) listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 13224; (2) owned or controlled by, or acting for or on behalf of, any party described in clause (C)(1) above; (3) with whom any lender is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; (4) who commits, threatens or most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, http://www.treas.gov/ofac/t11sdn.pdf or at any replacement website or other official publication of such list; or (6) affiliated with any party described in clauses (C)(1)- America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act -56), as amended. 12. ANTI-CORRUPTION COMPLIANCE Grantee agrees that its use of all funds received under this Agreement will be in full compliance with all applicable anti-corruption laws and regulations, including but not Act. Accordingly, Grantee agrees that in connection with its activities under this 5 Agreement, neither Grantee nor any agent, affiliate, employee, re-grantee, or other person acting on its behalf will offer, promise, give, or authorize the giving of anything of value, or offer, promise, make, or authorize the making of any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any government official, political party, or candidate for public office in order to gain any unfair advantage or to influence any act or decision of a government official. Grantee further agrees that the funds provided under this Agreement shall not be used for the personal benefit or enrichment of any government official. Grantee agrees to provide timely information to Walmart regarding any changes to the representations made in this Agreement. Grantee further agrees to assist and cooperate in any investigations related to the use of the grant funds received under this Agreement. 13. APPLICABLE LAW This Agreement, and the rights and obligations of the parties, will be construed, interpreted and enforced in accordance with, and governed by, the laws of the State of Arkansas. 14. REPRESENTATIVES AND SUCCESSORS BOUND This Agreement shall be binding upon and inure to the benefit of the parties, their legal representatives, successors and assigns. 15. DEPOSIT OF FUNDS Notwithstanding anything else to the contrary in this Agreement, the Grantee, by executing this grant Agreement, expressly agrees to deposit the grant funds check in its account in a timely fashion. Grantee acknowledges and agrees that if it does not cash the check within one hundred eighty (180) days of the effective date of this Agreement, the Grantor will issue a stop payment order on such check, and Grantee releases any and all interest in the grant funds and the check and hereby acknowledges that the Grantor is not holding the alf. Further, such failure to timely cash the check shall be deemed to be a waiver by Grantee of any rights of action against Grantor. If a stop payment is issued pursuant to this provision, the Grantee may submit a new request to Grantor for grant funds, for similar or different purposes, but the determination as to whether to issue a new grant check to Grantee in such circumstance is in the sole discretion of the Grantor. 16. ENTIRE CONTRACT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter covered herein and contains all of the covenants and agreements between the parties with respect to the Fund Use in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or 6 binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties hereto. Any changes, additions or deletions to this Agreement, including the Fund Use, must be approved in writing by both the Grantor and the Grantee. This Agreement and all amendments may be signed in counterparts, each of which will constitute one and the same document. Any signature delivered via facsimile or other electronic means shall be deemed an original signature to this Agreement. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 17. SEVERABILITY If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each and every remaining term, covenant, or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. 7