HomeMy WebLinkAbout10296ORDINANCE NO. 10296
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A GRANT AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
THE COLORADO ARCHAEOLOGICAL SOCIETY, INC. D/B/A
THE PUEBLO ARCHEOLOGICAL AND HISTORICAL SOCIETY,
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 Colorado Archaeological Society, Inc., d/b/a
the Pueblo Archaeological and Historical Society, a Colorado nonprofit corporation (hereinafter
referred to as the “PAHS 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 PAHS 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 # R3
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 COLORADO
ARCHAEOLOGICAL SOCIETY, INC. D/B/A THE PUEBLO
ARCHEOLOGICAL AND HISTORICAL SOCIETY, 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
Colorado Archaeological Society, Inc., d/b/a the Pueblo Archaeological and Historical
Society, a Colorado Nonprofit Corporation (hereinafter referred to as the “PAHS
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. CI-
2113, the American Rescue Plan Act.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established
Project No. CI-2113 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 Pueblo Archaeological and Historical Society (“PAHS”) is a founding member of
what is today known as the Pueblo Heritage Museum. As such, PAHS hosts a museum
exhibit, located at 201 W. B Street near the Union Avenue Historic District, which is
regularly updated. PAHS is an all-volunteer organization vested in fostering a strong
arts and culture sector able to not only attract businesses that are considering locating
to Pueblo, but also helping to grow and contribute to a vibrant tourism and hospitality
economic sector.
In accordance with local and state public health mandates, the museum cycled through
times of closure and reopening in the 2020-2021 timeframe. PAHS’s operation costs
remained constant during the pandemic and yet as a result of COVID, admissions and
room rentals fell along with associated revenue.
While PAHS membership remained relatively steady Attendance
and as did that segment of its revenue, PAHS did
experience a significant reduction in physical
attendance at its monthly presentations as follows:
Year
2019 747
2020 224
2021 45
The COVID-related decline in attendance also resulted in a loss of revenue from t-shirt
and hat sales, as well as new memberships and donations.
The PAHS 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 PAHS 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 PAHS Museum.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. PAHS Museum (Archeological) - 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 Colorado Archaeological
Society, Inc., d/b/a the Pueblo Archaeological and Historical Society, a Colorado nonprofit
corporation, hereinafter referred to as the "Grantee" or "PANS." City and Grantee/PAHS 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. CI2113 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 Pueblo Archaeological and Historical Society ("PANS") is a founding member
of what is today known as the Pueblo Heritage Museum. As such, PAHS hosts a museum exhibit,
located at 201 W. B Street near the Union Avenue Historic District, which is regularly updated.
PAHS is an all-volunteer organization vested in fostering a strong arts and culture sector able to
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not only attract businesses that are considering locating to Pueblo, but also helping to grow and
contribute to a vibrant tourism and hospitality economic sector.
(b) In accordance with local and state public health mandates, the museum cycled
through times of closure and reopening in the 2020-2021 timeframe. PAHS's operation costs
remained constant during the pandemic and yet as a result of COVID, admissions and room
rentals fell along with associated revenue.
(c) While PAHS membership remained relatively steady and as did that segment of
its revenue, PAHS did experience a significant reduction in physical attendance at its monthly
presentations as follows:
Year Attendance
2019 747
2020 224
2021 45
The COVID-related decline in attendance also resulted in a loss of revenue from t-shirt and hat
sales, as well as new memberships and donations.
(d) PAHS 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).
(e) PAHS 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.
(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.
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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.
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
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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.
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.
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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
?I(�" 7
City C Nicholas A GraBy -7tida,.(0‘ ar, Mayor
[S E A L]
Grantee:
COLORADO ARCHAEOLOGICAL SOCIETY, INC.
D/B/A PUEBLO ARCHAEOLOGICAL AND HISTORICAL SOCIETY
a Colorado nonprofit corporation
ATTEST:
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