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Home My WebLink About10185 ORDINANCE NO. 10185 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE PUEBLO CITY-COUNTY LIBRARY DISTRICT, A COLORADO LIBRARY DISTRICT AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE 2022 KIDS READ SUMMER CHALLENGE PROJECT TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL HOUSEHOLDS AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $328,500 FROM PROJECT CI2113 - AMERICAN RESCUE PLAN ACT FOR PURPOSES THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Amendment to the Intergovernmental Agreement (“Amendment”) between the Pueblo City-County Library District, a Colorado library district and the City of Pueblo, a Colorado municipal corporation and the County of Pueblo, a political subdivision of the State of Colorado, dated June 13, 2022, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Amendment for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Amendment, to implement the policies and procedures described herein. 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 May 9, 2022 . Final adoption of Ordinance by City Council on June 13, 2022 . President of City Council Action by the Mayor: ☒ Approved on June 15, 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-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 9, 2022 TO: President Heather Graham and Members of City Council VIA: Marisa Stoller, City Clerk CC: Mayor Nicholas A. Gradisar FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE PUEBLO CITY-COUNTY LIBRARY DISTRICT, A COLORADO LIBRARY DISTRICT AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE 2022 KIDS READ SUMMER CHALLENGE PROJECT TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL HOUSEHOLDS AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $328,500 FROM PROJECT CI2113 - AMERICAN RESCUE PLAN ACT FOR PURPOSES THEREOF SUMMARY: This Ordinance approves and authorizes the Mayor to sign, an Amendment to the Intergovernmental Agreement with the Pueblo-City County Library District (“Library”) and Pueblo County to provide local fiscal relief funds to local households for economic recovery purposes. PREVIOUS COUNCIL ACTION: On May 24, 2021, by Ordinance No. 9943, City Council approved an Intergovernmental Agreement with the Library and Pueblo County (“Original IGA”) to sponsor the Library’s Kids Read Project and authorized the transfer of up to $500,000 in financial support for the Library’s 2021 Summer Reading Challenge from Project CI2113 American Rescue Plan Act. BACKGROUND The 2021 Summer Reading Challenge was a success beyond all expectations and the Library, the City and Pueblo County wish to establish a 2022 Summer Reading Challenge. The Original IGA must be amended in order to establish and fund the 2022 Summer Reading Challenge. FINANCIAL IMPLICATIONS To encourage students to read this summer and to provide financial support local households, the Library will pay each young person $100 between June and August, 2022 who checks out ten books from a neighborhood Library and provides a description of their reading experience to a librarian employed by the Library. The Library will invoice the City and the County, on a periodic basis, for the costs of the Project at the rate of $100.00 for each participant who successfully checks out ten books from a neighborhood library and provides a description of their reading experience to a librarian employed by the Library. Under the proposed Amendment to the Original IGA, the City will make available to the Library an additional $328,500 from Project CI2113 American Rescue Plan Act in support of the 2022 Summer Reading Challenge. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to support or fund the “2022 Pueblo Summer Reading Challenge.” RECOMMENDATION Approval of the Ordinance Attachments: Proposed Ordinance Proposed Amendment to the Original IGA. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (hereinafter "Amendment") is made and entered into effective the 23rd day May, 2022, by and between the Pueblo City-County Library District, a Colorado library district (hereinafter referred to as "Library") and the City of Pueblo, a Colorado municipal corporation, (hereinafter referred to as "City") and Pueblo County, a political subdivision of the State of Colorado, (hereinafter referred to as "County"). Library, City and County are sometimes referred to herein as a "Party" and collectively, as the "Parties." Recitals WHEREAS, the Parties entered into an Intergovernmental Agreement dated May 24, 2021 (the "Agreement"); and WHEREAS, the purpose of this Amendment is to increase the amount of funds available for the project and to extend the term of the Agreement. Agreement In consideration of the mutual covenants, agreements and promises in this Amendment and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth in this Amendment: 1. Article II of the Agreement is hereby amended and restated as follows: II. OBLIGATIONS OF THE CITY AND COUNTY A. The Parties agree that certain funds received by the City and County from the U.S. Treasury pursuant to the American Recovery Plan Act shall be made available for payment to the Library for financial support of the Kids Read — Summer Reading Challenge Project as follows: Year City Contribution County Contribution Total Carryover Funds 2021 $ 500,000 $ 500,000 $ 1,000,000 $ 343,000 2022 328,500 328,500 657,000 Total $ 828,500 $ 828,500 $ 1,657,000 B. City and County agree to pay, within thirty (30) days of receipt, invoices received from the Library in connection with the project, on a 50% / 50% basis. 2. Article III Section A of the Agreement is hereby amended and restated as follows: III. MISCELLANEOUS 1 The Parties agree that their performance under this Agreement shall be subject to the following provisions: A. The term of this Agreement shall commence on the date first set forth in the Agreement and shall terminate on December 31, 2023, unless terminated sooner as provided in the Agreement. The Partes may terminate the Agreement at any time and for any reason by giving thirty (30) days prior written notice to the other Parties. The Agreement may only be extended by written agreement of all Parties. Unspent funds from the 2022 calendar year, if any, shall be returned to the City and County on a 50% / 50% basis or, in the sole discretion of the Library, shall be carried over and made available to be spent by the Library for the 2023 Kids Read Summer Reading Challenge. 4. Except as modified by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect and fully binding on the Parties, their successors and assigns and the Agreement and this Amendment shall be construed together as a single integrated document. IN WITNESS WHEREOF, this Amendment is executed by the Parties hereto in their respective names as of the date first above written. ATTEST: PUEBLO CITY-COUNTY LIBRARY DISTRICT By: IJA By: ATTEST: CITY OF PUEBLO • By: F- � By: .�� Ci J City Mayor ATTEST: PUEBLO COUNTY, COLORADO LINIIIIN /7lkc By: ��ift.';� By: Clerk-to the Board Chair, Board of County Commissioners 2