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Home My WebLink About09732 ORDINANCE NO. 9732 AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A COLLABORATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE DISTRIBUTION OF THE CORONAVIRUS AID RELIEF AND ECONOMIC SECURITY (“CARES”) ACT FUNDS AND FURTHER AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE CORONA VIRUS RELIEF FUND (“CVRF’) BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The “Collaboration Agreement Related to Distribution of CARES Act Funds” (“Collaboration Agreement”) between the City of Pueblo, a Colorado Municipal Corporation, and the County of Pueblo, a political subdivision of the State of Colorado, dated June 30, 2020, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Collaboration Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The City Council hereby approves and authorizes the acceptance of funds from the Corona Virus Relief Fund, in accordance with the terms and conditions of the attached Collaboration Agreement. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Collaboration Agreement, to implement the policies and procedures described herein. SECTION 5. Savings Clause: The COVID-19 pandemic has been declared an emergency disaster by the Mayor, the Governor of Colorado and the President of the United States. The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City. In order to receive funds from the Corona Virus Relief Fund, as authorized by the CARES Act, the attached Collaboration Agreement must be signed by all parties thereto and must be received by the Colorado Department of Local Affairs on or before July 7, 2020. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective on the date of final action by the Mayor and City Council. SECTION 6. 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 June 27, 2020 . Final adoption of Ordinance by City Council on June 27, 2020 . President of City Council Action by the Mayor: ☒ Approved on June 27, 2020 . □ 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 # C-1_____ Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: June 27, 2020 TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A COLLABORATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE DISTRIBUTION OF THE CORONAVIRUS AID RELIEF AND ECONOMIC SECURITY (“CARES”) ACT FUNDS AND FURTHER AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE CORONA VIRUS RELIEF FUND (“CVRF’) SUMMARY: This Emergency Ordinance approves, and authorizes the Mayor to sign, a Collaboration Agreement with Pueblo County related to the distribution of funds from the CVRF pursuant to the CARES Act. PREVIOUS COUNCIL ACTION: The City Council has previously authorized the acceptance of funds under the CARES Act for the benefit of the City’s transit system and Pueblo Memorial Airport. BACKGROUND The United States Congress has made funds available, under the CARES Act, to address the economic impacts of the COVID-19 pandemic. The CARES Act has established the CVRF and allocated funding to the State of Colorado for reimbursements to local governments for incurred expenses related to facilitating compliance with COVID-19 pandemic related Public Health Orders. FINANCIAL IMPLICATIONS The State of Colorado is appropriating $14,448,608 of CARES Act funding to Pueblo County local governments to reimburse unbudgeted COVID-10 related expenses through the Colorado Department of Local Affairs, which has been designated as the fiscal agent for the CARES Act funds. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to adopt this ordinance will result in the City not receiving its allocation of CARES Act funds. RECOMMENDATION Approval of the Ordinance Attachments: Copy of the Collaboration Agreement COLLABORATION AGREEMENT RELATED TO DISTRIBUTION OF CARES ACT FUNDS This Agreement is entered into by and between the County of Pueblo, a body corporate and politic, acting by and through its Board of Commissioners (hereinafter referred to as "County"), the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City"), the Town of Boone ("Boone") and the Town of Rye ("Rye") collectively, the Parties. WHEREAS, the COVID-19 pandemic has required local governments to expend significant effort and resources to protect their communities and contain the spread of from the virus; and WHEREAS, many expenditures related to responding to COVID-19 were unexpected and were not included in local governments' budgets; and WHEREAS,the United States Congress has made funds available to address the economic impacts of COVID-19 through section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid Relief and Economic Security Act ("CARES Act"); and WHEREAS, the CARES Act established the Coronavirus Relief Fund ("CVRF") that has allocated funding to the State of Colorado for reimbursements to local governments for incurred expenses related to facilitating compliance with COVID-19 pandemic-related public health measures; and WHEREAS,the State of Colorado is appropriating $14,448,608 of CARES Act funding to Pueblo County local governments to reimburse unbudgeted COVID-19 related expenses through the Department of Local Affairs ("DOLA"), which has been designated as the fiscal agent for the CARES Act funds; and WHEREAS,counties,municipalities and other local governments are authorized pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS,the parties desire to collaborate regarding the utilization of the CVRF funding to ensure that all of the Pueblo County allocation is applied to the benefit of Pueblo County residents; and WHEREAS, the CARES Act allows the parties to be reimbursed for unbudgeted costs incurred in addressing the COVID-19 and criteria for reimbursement eligibility are prescribed in the CARES Act and rules with which the parties must comply; and WHEREAS, the parties have a history of successfully working together for the betterment of Pueblo County. NOW THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1 I. TERMS AND CONDITIONS Commencing on July 7, 2020 and continuing until December 30, 2020, the Parties agree to the following in relation to the CARES Act funds: A. The obligations of the County, City, Boone and Rye to commit or expend funds are subject to and conditioned on the receipt of the CARES Act funds. B. The funds will be distributed among the parties as outlined in Exhibit A, which is attached hereto and incorporated herein. Exhibit A contains current and projected expenses by each unit of local government in order to establish "drawdown" of funds. D. Each party is individually responsible for completing all requirements necessary to become eligible to receive reimbursement from the CARES Act funds and failure to do so may result in forfeiture of funds. E. Each Party assumes responsibility for the funds distributed to it and also assumes responsibility for ensuring the funds are only used for eligible expenses as required by the CARES Act and any other applicable laws. Generally, Title V, Section 5001(d) of the CARES Act provides the eligible purposes for which Coronavirus Relief Fund payments may be used. Specifically, it allows local governments to request reimbursement for program payments that: 1) are necessary expenditures incurred due to the public health emergency with respect to Coronavirus Disease 2019 (COVID-10); 2) were not accounted for in the budget more recently approved as of the date of enactment [March 27, 2020] of this section for the local government; and 3) were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. F. Each Party is individually responsible for any record keeping, implementing the necessary controls, financial reporting, and maintaining an appropriate accounting of its expenditure of funds as required by applicable statute, DOLA guidelines, and any applicable federal or state laws. G. Each party shall assume responsibility for initially covering their own expenses prior to receipt of any reimbursement from DOLA. H. The parties may, but are not required to, partner on certain projects that are eligible for CARES Act reimbursement. I. The parties will share information regarding each party's expenditures on a weekly basis and will meet once a month to discuss and evaluate the progress of each Party's application of the funds to beneficial use in the community and to consider an adjustment 2 to the allocations, if necessary. If a party is unable to utilize their allocation, any unused CARES Act funding shall revert to the County. H. MISCELLANEOUS A. This Agreement may be amended or modified in writing approved by the governing bodies of the Parties. B. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado. C. If any section, clause or provision of this Agreement shall for any reason be determined to be invalid or unenforceable, such determination shall not affect any of the remaining sections, clauses or provisions of this Agreement. D. This Agreement may not be assigned in whole or in part by any Party. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors. E. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the City,County, Boone and Rye any right, remedy or claim under or by reason of this Agreement. F. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same agreement. IN WITNESS WHEREOF, the County, City, Boone and Rye have executed this Agreement as of the date first above written and under laws of the State of Colorado. ATTEST: COUNTY 0 PUEBLO B /%� - B er to the Board Chair, Board of ounty ommissioners Date: (P/SOD OD ATTEST: CITY OF PUEBLO A Municipal Corporation • BY: 1Cia 0BY: ��i?.Pt 4,441•4414 City Clerk Mayor Date: ..07 [ SEAL ] 3 APPROVED AS TO FORM: APPROVED AS TO FORM: By: t_4(-,1,<, / BY ?CkL � VCouWt AttorneY ttorneY ATTEST: TOWN OF BOONE By: " # . I _ .I By:c ' �r Town Clerk Ma or Date: ATTEST: TOWN OF RYE A Municipal Corporation By: S21 BY / 2 l � Q- , /64 Town Clerk Ma or Date: "i -13 •�c : C; [ SEAL ] 4 EXHIBIT A Pueblo County CARES Fund Act Total State Allocation to Pueblo County $14,448,608 Off the top allocation for Health Department $1,500,000 Off the top contingency for Health Department $500,000 Population calcs Per cap Remaining Balance $12,448,608 113,642 $ 49.29 45%Municipality Only distribution $5,601,874 City $5,575,945 113,116 Boone $17,844 362 Rye $8,084 164 Total allocated at 45% $5,601,874 55%to remain with Pueblo County $6,846,734 $0