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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/21/2021 - SECOND READING OF ORDINANCE NO. 163, 2021, MAKING Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY December 21, 2021 City Council STAFF Jim McDonald, Cultural Services Director Ted Hewitt, Legal SUBJECT Second Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center operations. This appropriation includes $621,884 of supplemental grant revenues awarded on October 20, 2021, provided by the United States Federal Government through the Small Business Administration to support personnel or business expenses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 7, 2021 (w/o attachments) (PDF) 2. Ordinance No. 163, 2021 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 7, 2021 City Council STAFF Jim McDonald, Cultural Services Director Ted Hewitt, Legal SUBJECT First Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center operations. This appropriation includes $621,884 of supplemental grant revenues awarded on October 20, 2021, provided by the United States Federal Government through the Small Business Administration to support personnel or business expenses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Shuttered Venue Operators Grant (SVOG) was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and amended by the American Rescue Plan Act. The program includes over $16 billion in grants to shuttered venues and is administered by SBA’s Office of Disaster Assistance. The SVOG program provides support to live venue operators or promoters, theatrical producers, live performing arts organization operators, museum operators, motion picture theatre operators or owners, and talent representatives, including entities of these types owned by state or local governments. This funding initiative was signed into law on December 27, 2020, as Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, part of the Consolidated Appropriations Act, 2021 (Public Law No.116-260). That Section 324 was amended by Section 5005 of the American Rescue Plan Act (Public Law No. 117-2), which was signed into law on March 11, 2021. The grant requires that the funds be utilized to support specific and approved budgeted expenses. The grant award of $621,884 is supplemental to the original award on July 15, 2021, of $1,243,768 for a total of $1,865,652. Funds may only be expended on allowable costs incurred during the period beginning on March 1, 2020, through June 30, 2022. All funds must be spent by January 15, 2023. CITY FINANCIAL IMPACTS Lincoln Center resources in the Cultural Services & Facilities would increase by $621,884. There are no matching fund requirements. ATTACHMENT 1 COPY -1- ORDINANCE NO. 163, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING RELATED ACTIONS FOR THE LINCOLN CENTER’S SHUTTERED VENUE OPERATORS GRANT WHEREAS, the City of Fort Collins has been awarded a supplemental grant in the amount of $621,884 (the “Grant”) by the Small Business Administration’s Office of Disaster Assistance through the Shuttered Venue Operators Grant (“SVOG”) program; and WHEREAS, the City received an initial SVOG award of $1,243,768, which the City Council appropriated on September 21, 2021, by adopting Ordinance No. 103, 2021; and WHEREAS, the SVOG provides financial support to live venue operators or promoters, theatrical producers, live performing arts organization operators, museum operators, motion picture theater operators or owners, and talent representatives, including entities of these types owned by state or local governments; and WHEREAS, the Grant may be used for a variety of types of expenses, including payroll costs, utility costs, worker protection costs, payments to independent contractors, and advertising, transportation, and capital expenditures related to producing a theatrical or live performing arts production; and WHEREAS, Grant funds must be expended by January 15, 2023, on expenses allowed under the SVOG program; and WHEREAS, the Grant does not require a financial or in-kind match by the City; and WHEREAS, to receive the Grant the City must sign and return a Notice of Award from the U.S. Small Business Association, requiring the City to comply with applicable federal regulations, including the uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and WHEREAS, this appropriation benefits public health, safety and welfare of the residents of Fort Collins and serves the public purpose of supporting the performing and visual arts in the Fort Collins community; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Cultural Services & Facilities Fund and will not cause the total amount appropriated in the Cultural Services & Facilities Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in that fund during any fiscal year. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes the Interim City Manager, or their designee, to execute the Notice of Award or other forms reasonably required for purposes of receiving the Grant. Section 3. That there is hereby appropriated from unanticipated grant revenue in the Cultural Services & Facilities Fund the sum of SIX HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED EIGHTY-FOUR DOLLARS ($621,884) for expenditure by the Lincoln Center in the Cultural Services & Facilities Fund on allowable expenses under the Grant. Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 2021, and to be presented for final passage on the 21st day of December, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 21st day of December, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk