HomeMy WebLinkAbout10294ORDINANCE NO. 10294
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A GRANT AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
THE STATE HISTORIC SOCIETY OF COLORADO D/B/A THE
EL PUEBLO HISTORY MUSEUM, A COLORADO NONPROFIT
CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE
AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL
RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF
FIVE THOUSAND DOLLARS ($5,000) FROM PROJECT NO.
CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES
THEREOF
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R.
1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”); and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and
WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal
Regulations (“CFR”); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds (“CLFRF”) to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are
responding to the negative economic impacts of the COVID-19 public health emergency; NOW,
THERFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreement (“Agreement”) dated October 11, 2022, between and the City of
Pueblo, a Colorado municipal corporation and the State Historic Society of Colorado d/b/a El
Pueblo History Museum a Colorado nonprofit corporation (hereinafter referred to as the “El
Pueblo Museum”) a Colorado nonprofit corporation, a copy of which is 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 Agreement 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.
Funds in the amount of $5,000 are hereby authorized to be paid from Project No. CI2113
– American Rescue Plan Act, to the El Pueblo Museum for purposes of mitigating the financial
hardship caused by a decline in visitors and revenue as a result of the COVID-19 pandemic as
described in the attached Agreement.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Agreement to implement the policies and procedures
described herein.
SECTION 5.
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 26, 2022 .
Final adoption of Ordinance by City Council on October 11, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on October 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 # R2
Background Paper for Proposed
Ordinance
September 26, 2022
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Dan Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
SIGN A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE STATE HISTORIC
SOCIETY OF COLORADO D/B/A THE EL PUEBLO HISTORY
MUSEUM, A COLORADO NONPROFIT CORPORATION, AS
AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN
ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND
AUTHORIZING THE PAYMENT OF FIVE THOUSAND DOLLARS
($5,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN
ACT, FOR PURPOSES THEREOF
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign a Grant Agreement with the
State Historic Society of Colorado d/b/a El Pueblo History Museum, a Colorado
Nonprofit Corporation (hereinafter referred to as the “El Pueblo Museum”) to mitigate
the financial hardship caused by a decline in visitors and revenue as a result of the
COVID-19 pandemic (hereinafter “Project”) as authorized by Section 603 of the
American Rescue Plan Act and U.S. Treasury Final Rule 31 CFR 35.6. Funds for the
project, in the amount of $5,000 will be paid out of Project No. CI2113, the American
Rescue Plan Act
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established
Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which
were expected to be distributed to the City from the American Recovery Plan Act
(“ARPA”) for covered costs and eligible expenses to be incurred during the period
which began on March 3, 2021 until December 31, 2024 (to be expended by December
31, 2026).
BACKGROUND:
The El Pueblo History Museum was closed from March 13, 2020 through June, 2020 in
compliance with local and state public health mandates. During this time, the Museum
had 13 employees on the payroll, 8 full time and 5 part-time. Due to a lack of revenue,
the Museum was required to lay off one part-time employee, but the remaining staff
were able to work remotely and in the office with special permission on select days and
hours in order to attend to continuing education, financial and facilities issues.Although
the Museum’s doors remained closed during these times, the costs for overhead
continued to accumulate, including in person maintenance of the building, landscaping,
utilities, communication costs, and increased cleaning and disinfecting supplies. As a
result of the pandemic, the Museum’s admissions fell from 13,016 in 2019, to 2,239 in
2020.
In addition to the complete halt of the History Museum’s rentals program, tours, and
Hands-On History Friday classes, the Museum lost additional revenue by being forced
to close its gift shop. In addition, the Museum was required to refund tuition from its
education programming and deposits and payments made towards its rentals program.
In addition to the vastly reduced revenue throughout most of the year, the Museum had
to cancel its biggest in person fundraiser of the year and delay or cancel the opening of
many new exhibits and annual programs throughout the pandemic. The History
Museum’s major education fundraiser of the year was revamped from an in person
Bruja Brew Fest to creating a ticket book which allowed individual visits to participating
breweries at their locations. The Museum went from raising over $10,000 in previous
years to less than $1,000 in the fall of 2020.
The El Pueblo Museum is a nonprofit organization disproportionately impacted by the
COVID-19 public health emergency, operating in a qualified census tract under 31 CFR
35.6.(b) (3) (C). In addition, the Museum is a member of the tourism industry eligible for
reimbursement of payroll costs and covered benefits for employees, the compensation
of returning employees and financial support for operations and maintenance of existing
equipment and facilities under 31 CFR 35.6.(b) (3) (D).
FINANCIAL IMPLICATIONS:
The El Pueblo History Museum will receive $5,000 in ARPA funds from Project
No.CI2113.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to support the El Pueblo History Museum.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. El Pueblo Museum - Proposed Grant Agreement - ARPA Funds
GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement") is made and entered into this 11th day of
October, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the State Historic Society of
Colorado d/b/a El Pueblo History Museum, a Colorado nonprofit corporation, hereinafter referred
to as the "Grantee" or "Museum." City and Grantee/Museum are sometimes each referred to as
a "Party" and collectively "Parties."
RECITALS
The following recitals are incorporated in and made a part of this Agreement.
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R.
1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter "ARPA"); and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ("CFR"); and
WHEREAS, by Ordinance No. 9931, approved on May 17, 2021, the City Council
established Project No. C12113 and budgeted and appropriated up to $36.7 million in funds which
were expected to be distributed to the City from ARPA for covered costs and eligible expenses to
be incurred during the period which began on March 3, 2021 until December 31, 2024 (to be
expended by December 31, 2026); and
WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Grantee has requested that the City use CLRF funds to mitigate the financial
hardship caused by a decline in visitors and revenue as a result of the COVID-19 pandemic
(hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 to the Grantee for
the aforesaid purpose.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the Parties, the Parties hereto mutually agree as follows:
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The El Pueblo History Museum was closed from March 13, 2020 through June
2020 in compliance with local and state public health mandates. During this time, the Museum
had 13 employees on the payroll, 8 full time and 5 part-time. Due to a lack of revenue, the Museum
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was required to lay off one part-time employee, but the remaining staff were able to work remotely
and in the office with special permission on select days and hours in order to attend to continuing
education, financial and facilities issues.
(b) Although the Museum's doors remained closed during these times, the costs for
overhead continued to accumulate, including in person maintenance of the building, landscaping,
utilities, communication costs, and increased cleaning and disinfecting supplies.
(c) As a result of the pandemic, the Museum's admissions fell from 13,016 in 2019,
to 2,239 in 2020.
(d) In addition to the complete halt of the History Museum's rentals program, tours,
and Hands-On History Friday classes, the Museum lost additional revenue by being forced to
close its gift shop. In addition, the Museum was required to refund tuition from its education
programming and deposits and payments made towards its rentals program. In addition to the
vastly reduced revenue throughout most of the year, the Museum had to cancel its biggest in
person fundraiser of the year and delay or cancel the opening of many new exhibits and annual
programs throughout the pandemic.
(e) The History Museum's major education fundraiser of the year was revamped from
an in person Bruja Brew Fest to creating a ticket book which allowed individual visits to
participating breweries at their locations. The Museum went from raising over$10,000 in previous
years to less than $1,000 in the fall of 2020.
(f) The El Pueblo History Museum is a nonprofit organization disproportionately
impacted by the COVID-19 public health emergency, operating in a qualified census tract under
31 CFR 35.6.(b) (3) (C).
(g) The History Museum is a member of the tourism industry eligible for
reimbursement of payroll costs and covered benefits for employees, the compensation of
returning employees and financial support for operations and maintenance of existing equipment
and facilities under 31 CFR 35.6.(b) (3) (D).
2. RESPONSIBILITIES OF GRANTEE
Prior to receiving ARPA funds under this Agreement, Grantee is required to provide the City with
the following information and documentation:
1. Federal SAM Unique Entity ID;
2. City Sales Tax License;
3. State Sales Tax License;
4. Certificate of Good Standing from the Office of the Secretary of State.
3. PAYMENTS TO GRANTEE
(a) The aggregate of all payments made hereunder shall not exceed Five Thousand
Dollars (U.S. $5,000). Payment will be made within thirty (30) days following approval of this
Agreement by the City Council of the City of Pueblo and execution of this Agreement by the
Grantee.
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(b) Upon expiration of the term of this Agreement or upon any prior termination,
Grantee shall transfer to City any funds provided hereunder which are on hand at the time of
expiration or termination.
4. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from Effective Date set forth above to December
31, 2023 unless sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
5. TERMINATION OF AGREEMENT
(a) For Cause: This Agreement may be terminated by City for cause, including any
nonperformance by the Grantee, upon ten (10) days written notice to Grantee including a
statement of the reasons therefore, and after an opportunity for a hearing has been afforded. If
a hearing is requested, it shall be held before the City's Mayor whose decision shall be final. The
determination of the City as to the cause of termination and the appropriateness thereof shall be
final and binding upon both City and Grantee. Cause for termination shall include any material
failure by Grantee to comply with any term of this Agreement.
(b) For Convenience: This Agreement may be terminated by City for convenience
upon ten (10) days written notice to Grantee, which decision shall not be subject to appeal.
(c) Post Expiration and Termination Procedures: Upon expiration or in the event of a
prior termination, all remaining and unspent grant funds, shall immediately become the sole and
separate property of the City and the Grantee shall perform all acts and execute all instruments
necessary to transfer and assign such funds to the City.
6. ASSIGNABILITY
This Agreement shall not be assigned or transferred by the Grantee without the prior written
consent of the City. Any assignment or attempted assignment made in violation of this provision
shall, at City's election, be deemed void and of no effect whatsoever.
7. ENTIRE AGREEMENT; AMENDMENTS
The provisions set forth in this Agreement constitute the entire and complete agreement of the
Parties hereto and supersede all prior written and oral agreements, understandings or
representations related thereto. No amendment or modification of this Agreement, and no waiver
of any provisions of this Agreement shall be binding unless made in writing and executed by the
duly authorized officers of both the Grantee and City.
8. GOVERNMENTAL IMMUNITY.
The City does not waive or intend to waive, by any provisions of this Agreement, the monetary
limitations or any other rights, immunities and protections provided by the Colorado Governmental
Immunity Act § 24-10-101 to 120, C.R.S., or otherwise available under applicable law.
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9. NO THIRD-PARTY BENEFICIARIES.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
Parties and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other third party. It is the express intention of the Parties that any person other than
the Parties receiving services or benefits under the Agreement shall be deemed an incidental
beneficiary only.
10. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY.
In the event of any litigation arising under this Agreement, the court shall award to the prevailing
Party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be
Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo,
State of Colorado, and each Party submits to the personal and subject matter jurisdiction of such
District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a trial
by jury.
11. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and
effect.
12. RULES OF CONSTRUCTION.
The Parties acknowledge that the Parties and their counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpretation of this Agreement
or any exhibits or amendments hereto.
13. WAIVER.
The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of
any future breach of any such provision or any other provision hereof.
14. NO MONETARY DAMAGES AGAINST CITY.
In consideration of City entering into the Agreement, Grantee waives and discharges City, its
officers, agents and employees from any and all claims for any monetary damages whether such
claims arise under tort, contract, statutory or any other law.
15. COUNTERPARTS.
This Agreement may be executed in two(2) or more counterparts and each such counterpart shall
be deemed for all purposes to be an original and all such counterparts shall together constitute
but one and the same original.
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16. SIGNATURES.
The persons signing this Agreement on behalf of Grantee represent and warrant that such
persons and Grantee have the requisite power and authority to enter, execute and deliver this
Agreement and that this Agreement is a valid and legally binding obligation of Grantee
enforceable against Grantee in accordance with its terms.
IN WITNESS, WHEREOF, the Grantee and the City have executed this Agreement as of
the date first above written and under the laws of the State of Colorado.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL
CORPORATION
By /la.a(t
City Cle Nicholas A Gradisar, Mayor
[S E A L]
Grantee:
STATE HISTORIC SOCIETY OF
COLORADO D/B/A EL PUEBLO HISTORY
MUSEUM
a Colorado nonprofit corporation
ATTEST:
By By elliiaa 6)/zfi&b b_
Signature Signature
Name Name £ i'Qhnf n�^c%2LL(9jc
Title Title bit-e (tit I/
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