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 ! `
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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,
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1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864i�
.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov 7/ + , ��1�.
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