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HomeMy WebLinkAbout09507ORDINANCE NO. 9507 AN ORDINANCE APPROVING AND ACCEPTING THE COLORADO GRAY & BLACK-MARKET MARIJUANA ENFORCEMENT GRANT NO. 19025 AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS1905, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $276,838.77, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the state government for public and municipal purposes and to enter into agreements relating thereto; and WHEREAS, the State of Colorado awarded Gray & Black-Market Marijuana Enforcement Grant No. 19025 (the “Award”) in the amount of $276,838.77 upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Colorado Gray & Black-Market Marijuana Enforcement Grant No. 19025 in the amount of $276,838.77, including the award letter and application (“Grant Agreement”), true copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The Mayor is authorized to execute the Grant Agreement in the name of and on behalf of the City, and the Mayor is authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 3. Project No. PS1905 Gray & Black-Market Marijuana Enforcement Grant No. 19025 is hereby established. The total project amount of $276,838.77 is hereby budgeted and appropriated to Project No. PS1905 for expenditure for the purposes authorized by the Grant Agreement, and shall be so obligated and expended by June 30, 2020; provided, however, that none of the funds shall be spent or obligated until all applicable conditions precedent for expenditure of grant funds have been satisfied as set forth in the Grant Agreement’s special conditions. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Grant Agreement to effectuate the policies and procedures described herein. SECTION 5. The 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 July 22, 2019 . Final adoption of Ordinance by City Council on August 12, 2019. President of City Council Action by the Mayor: ☒ Approved on August 16, 2019 . □ 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: July 22, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Troy D. Davenport – Police Chief SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING THE COLORADO GRAY & BLACK-MARKET MARIJUANA ENFORCEMENT GRANT NO. 19025 AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS1905, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $276,838.77, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves and accepts a grant in the amount of $276,838.77 for marijuana related law enforcement investigations and prosecution. PREVIOUS COUNCIL ACTION: The Gray & Black-Market Marijuana Enforcement Grant is a new grant which was applied for in March 2019 and runs from July 1, 2019 to June 30, 2020. The City of Pueblo has been awarded $276,838.77 pursuant to the Grant Agreement to be used for the purposes specified in the grant. On April 22, 2019 Council approved Resolution No. 14189 authorizing and ratifying the application for the grant. BACKGROUND: The Gray & Black Market Marijuana Enforcement Grant provides funds to units of local government for the purpose of costs associated with the investigation and prosecution (including large scale operation, organized crime, and operations that divert marijuana outside of Colorado) of unlicensed marijuana cultivation or distribution operations conducted in violation of state law. FINANCIAL IMPLICATIONS: This grant awards $276,838.77 to the City of Pueblo with no required match. The City is responsible for administering the drawdown of the grant. The City will provide quarterly reports which are monitored by Colorado Department of Local Affairs (DOLA). BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The Pueblo Police Department Special Investigations Division sought funds from the Gray & Black-Market Marijuana Enforcement Grant Program to enhance their ability to investigate illegal marijuana activities. It strongly recommends approval of this ordinance. The City Attorney’s Office, as well as the City Finance Department, have reviewed and approved the attached award documents. ALTERNATIVES: If City Council does not approve this Ordinance, the Grant will not be accepted, and the Police Department will not receive the benefit of the $276,838.77 in grant monies awarded. RECOMMENDATION: Approval of the Ordinance. Attachments: Award Letter for Gray & Black-Market Marijuana Enforcement Grant #19025 COLORADO Department of Local Affairs DOLA Division of Local Government June 28, 2019 The Honorable Nick Gradisar, Mayor City of Pueblo 1 City Hall Place Pueblo, CO 81003 RE: Gray& Black Market Marijuana Enforcement Grant#19025 City of Pueblo-Grant Program and Next Steps Dear Mayor Gradisar: The Colorado Department of Local Affairs has reviewed your application for the Gray and Black Market Marijuana Enforcement Grant Program. As DOLA's Executive Director, I am pleased to inform you that I have approved this recommendation for funding. Your application and DOLA's award letter serves as your contract with the State. Grantees of these funds do not require any additional contracts. By opting in to this grant program, you are eligible to receive an award in the amount of$276,838.77 for expenses related to investigations and prosecutions of unlicensed marijuana cultivation and/or distribution operations.This grant will close on June 30, 2020. By submitting your application you have agreed to the following: • Grant funds will only be spent on costs associated with the investigation and prosecution (including large- scale operations, organized crime, and operations that divert marijuana outside of Colorado)of unlicensed marijuana cultivation or distribution operations conducted in violation of state law. Recipient counties and municipalities who spend any grant funds outside of this statutory intent understand that any such funds must he returned to the Department of Local Affairs and agree to do so within 30 days of identification of improper fund use. • Recipient counties and municipalities must provide DOLA with quarterly itemized reports on how grant funds were spent in that quarter. • Recipient counties and municipalities will he randomly selected for detailed monitoring of grant fund expenditures. Supporting documentation for grant fund expenditures must he provided promptly to DOLA,if requested, to conduct necessary monitoring. DOLA or the State reserves the right to initiate detailed monitoring or auditing of any recipient county or municipality at its sole discretion. • Recipient counties agree to cooperate with and make grant funds available to District Attorneys for costs associated with prosecution of unlicensed marijuana cultivation or distribution operations conducted in violation of state law. • Program Staff will annually conduct monitoring of a random selection of approximately 30%of all participating grantees. Monitoring may be onsite or by desk review and will include verification of quarterly reports using receipts and other financial documentation as provided by the grantee. The review shall provide assurance that the information self-reported by eligible entities is accurate and complete, and identify unallowable or questionable expenditures for follow-up. When concerns arc noted during the review process,documentation to verify the eligible entities' expenditures or accounting practices shall Governor Jared S. Polls I Rick M. Garcia, Executive Director I Chantal Unfug. Division Director pY color 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov tewf x ! ` ?876" he provided to DOLA. Funds spent outside of the statutory intent must be returned to DOLA within 30 days of identification of improper use. • Recipient counties and municipalities acknowledge that, if NO grant funds are spent in any given state fiscal year, they may NOT receive grant funds in the following year. Due to appropriation limitations in statute, ANY grant funds not spent by the specific spend-by date(s)above must be returned to the Department of Local Affairs. Next Steps: • You will make a single request for your full award amount. • Payment requests will he made using DOLA's online portal system with the attached"Advance Payment Request"form, and must be submitted within 90 days after the performance start date of this signed grant award letter. • Please complete and return the W-9(required), unless previously submitted on a prior Gray&Black Market Marijuana Enforcement grant, and the EFT form (optional)included in this packet to the addresses indicated on the forms as soon as possible. These grant funds will come from state marijuana tax proceeds that may cause you to go to an election to receive and spend these funds. Please confer with your appropriate staff to determine if such an election is necessary. Thank you for your interest in the Gray and Black Market Marijuana Enforcement Grant Program. Please contract Ella Bowman at(303) 864-7896 if you have any questions. Sinceerely, 44.‘ Rick M. Garcia Executive Director cc: Daniel Anderson Tara Marshall, DOLA Ella Bowman, DOLA In accordance with§24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER bort J os, CPA„CJD By: Yingtse Cha, Controller Delegate Department of Local Affairs Effective Date: 7f0,.•/f e Governor Jared S. Polis Rick M. Garcia, Executive Director I Chantal Unfug, Division Director p� Cp1Q, �ti \F 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864i� .7720 TDD/TTY 303.864.7758 www.dola.colorado.gov 7/ + , ��1�. IN `*/876 .,