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HomeMy WebLinkAbout09762 Amended 08-10-20 ORDINANCE NO. 9762 AN ORDINANCE BUDGETING AND APPROPRIATING ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI 2010 TO UNITED WAY OF PUEBLO COUNTY, COLORADO, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO CUSTOMERS OF THE CITY’S UTILITY ENTERPRISES WHO HAVE BECOME UNEMPLOYED OR SUFFERED OTHER FINANCIAL SETBACKS AS A RESULT OF THE COVID-19 PANDEMIC AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CORONAVRUS PANDEMIC COMMUNITY RELIEF SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of One Hundred Thousand Dollars ($100,000.00) are budgeted and appropriated from Project No. CI 2010 to United Way of Pueblo County, Colorado, Inc., a Colorado nonprofit corporation, for the purpose of providing financial assistance to customers of the City’s Wastewater, Stormwater and Road Repair Utility Enterprises who have become unemployed or suffered other financial hardships as a result of the COVID- 19 pandemic. SECTION 2. The Agreement for Coronavirus Pandemic Community Relief Services (“Agreement”), dated August 10, 2020, between the City of Pueblo, a Colorado municipal corporation and United Way of Pueblo County, Colorado, Inc., a Colorado nonprofit corporation and Catholic Charities of the Diocese of Pueblo, Inc., a Colorado nonprofit corporation, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney is hereby approved. SECTION 3. The Mayor is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. 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 Agreement, to implement the policies and procedures described therein. 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 July 27, 2020 . Final adoption of Ordinance by City Council on August 10, 2020 . President of City Council Action by the Mayor: ☒ Approved on August 13, 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 As Amended August 10, 2020 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 27, 2020 TO: Dennis E. Flores and Members of City Council FROM: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk SUBJECT: AN ORDINANCE BUDGETING AND APPROPRIATING ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI 2010 TO UNITED WAY OF PUEBLO COUNTY, COLORADO, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO CUSTOMERS OF THE CITY’S UTILITY ENTERPRISES WHO HAVE BECOME UNEMPLOYED OR SUFFERED OTHER FINANCIAL SETBACKS AS A RESULT OF THE COVID-19 PANDEMIC AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CORONAVRUS PANDEMIC COMMUNITY RELIEF SERVICES SUMMARY: Attached is an Ordinance budgeting and appropriating One Hundred Thousand Dollars ($100,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the United Way of Pueblo County for purposes of providing sewer, stormwater and street repair rate relief to Puebloans who have suffered economic hardship as a result of the COVID-19 pandemic. PREVIOUS COUNCIL ACTION: On April 13, 2020, by emergency Ordinance No. 9698, the City Council amended the Criteria Ordinance of and by Resolution No. 14394 transferred $5,000,000 from the 1992-2021 Sales and Use Tax Capital Improvement Projects Fund for purposes of giving loans or grants local small businesses adversely impacted by the COVID-19 pandemic. On June 27, 2020, by emergency Ordinance No. 9732, City Council approved and authorized the Mayor to sign a Collaboration Agreement with Pueblo County; the Town of Boone and the Town of Rye related to the distribution of funds received under the federal Coronavirus Aid Relief and Economic Security (CARES) Act. In the Collaboration Agreement it was stipulated that the City of Pueblo would receive $5,575,945 in federal CARES Act funds. On July 13, 2020 by emergency Ordinance No. 9742, City Council established Project No. CI 2010 to maintain appropriate accounting of funds received by City under the federal CARES Act. BACKGROUND: The purpose of the attached Ordinance is to provide financial assistance to customers of the City of Pueblo’s Wastewater, Stormwater and Street Repair Utility Enterprises who have become unemployed or suffered other financial hardships as a result of the COVID-19 pandemic. FINANCIAL IMPLICATIONS: Under the attached proposed Ordinance, One Hundred Thousand Dollars ($100,000.00) will transferred to United Way of Pueblo County, to allow United Way of Pueblo County to reduce the City Enterprises’ sewer, stormwater and road repair fees for customers suffering economic hardship as a result of the COVID-19 outbreak. The $100,000.00 will come from Project CI 2010 which consists of federal CARES Act funds. As a result, the effect on the City’s General Fund balance will be neutral. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not transferring $100,000.00 in federal CARES Act funds to United Way of Pueblo County. RECOMMENDATION: Approve the attached ordinance. Attachments: Proposed Ordinance AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY RELIEF SERVICES THIS AGREEMENT FOR CORONAVIRUS PANDEMIC RELIEF SERVICES ("Agreement") is made and entered into this 10th day of August 2020, by and between the City of Pueblo, a Colorado Municipal Corporation, hereinafter referred to as the "City," and United Way of Pueblo County, Colorado, Inc., a Colorado nonprofit corporation, hereinafter referred to as "Fund Administrator" and Catholic Charities of the Diocese of Pueblo, Inc., a Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient." City, Fund Administrator and Subrecipient are sometimes referred to herein as a "Party" and collectively, as the "Parties." WITNESSETH THAT: WHEREAS, the City Council of City, by Ordinance dated August 10, 2020, has budgeted and appropriated One Hundred Thousand Dollars ($100,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Fund Administrator for purposes of providing financial assistance to Puebloans who have suffered economic hardship as a result of the COVID-19 pandemic; and WHEREAS, the Board of Water Works of Pueblo, Colorado ("Pueblo Water") has established a utility bill payment assistance program for water utility customers called the Customer Assistance, Referral and Evaluation Service ("CARES") Program; and WHEREAS, Pueblo Water has previously entered into an agreement with Subrecipient to screen water utility customers and pay and satisfy the utility charges billed by Pueblo Water for those utility customers who financially qualify; and WHEREAS, in making payments on behalf of eligible customers of the City's sewer, stormwater and street repair utilities (hereinafter sometimes "City utilities"), the Parties wish to follow the screening and payment procedures for water customers under Pueblo Water's CARES Program. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein made a part of this Agreement and the terms and conditions set forth herein, the Parties hereto do mutually agree as follows: 1. RESPONSIBILITIES OF THE CITY. The City will transfer One Hundred Thousand Dollars ($100,000.00) to the Fund Administrator to effectuate the purposes of this Agreement, according to a payment schedule reasonably agreed to by the Parties. The aggregate of all payments made hereunder shall not exceed $100,000.00. 2. RESPONSIBILITIES OF THE FUND ADMINISTRATOR. The Fund Administrator shall disburse to Subrecipient (for the benefit of those customers of who have become unemployed or suffered other financial hardships as a result of the COVID-19 pandemic) up to $100,000.00 for Subrecipient to pay and satisfy the utility charges billed by the City's utilities. Fund Administrator shall make such disbursements following the procedures of Pueblo Water's CARES Program. 3. RESPONSIBILITIES OF THE SUBRECIPIENT. Subrecipient shall screen customers of the City's utilities and identify, by customer name, those persons who qualify for financial assistance. Subrecipient shall pay and satisfy the utility charges billed by City's wastewater, stormwater and street repair utilities for eligible customers. Subrecipient shall screen such 1 customers and make such payments to the City's utilities following the procedures of Pueblo Water's CARES Program. 4. CUSTOMER ELIGIBILITY. While the Parties agree to follow the procedures of Pueblo Water's CARES Program, the eligibility criteria of such program are not applicable to this Agreement. In order to qualify for financial assistance under this Agreement, a customer must demonstrate economic hardship (e.g. job loss or lack of employment opportunities or other financial difficulties) as a result of the COVID-19 pandemic. In all respects, customer eligibility shall be determined under the federal Coronavirus Aid Relief and Economic Security Act. 5. TERM OF AGREEMENT. The term of this Agreement shall be from August 10, 2020 to December 30, 2020 unless sooner terminated as herein provided. 6. TERMINATION OF AGREEMENT. (a) For Cause: This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient or Fund Administrator, upon ten (10) days written notice to Subrecipient or Fund Administrator, including a statement of the reasons therefore, and after an opportunity for Subrecipient or Fund Administrator to cure such default. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon the City, the Fund Administrator and the Subrecipient. Cause for termination shall include any failure by the Fund Administrator or the Subrecipient to comply with any term of this Agreement. (b) For Convenience: This Agreement may be terminated by City for convenience upon thirty (30) days written notice to Fund Administrator or Subrecipient. This Agreement shall automatically terminate at the end of its term. (c) Post Termination Procedures: Upon expiration of the term of this Agreement or upon any prior termination, Fund Administrator and Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination. 7. ASSIGNABILITY. This Agreement shall not be assigned or transferred by the Fund Administrator or the Subrecipient 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. 8. CONFLICT OF INTEREST. The Fund Administrator and the Subrecipient certify and warrant that neither they nor any members of their Boards of Directors, officers or employees have or will derive any personal or financial interest or benefit from the payments to customers made pursuant to this Agreement, nor have an interest in any contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties. Fund Administrator and Subrecipient shall avoid all conflicts of interest which are prohibited by applicable state and federal regulations. 2 9. FUND ADMINISTRATOR AND SUBRECIPIENT RECORDS. Fund Administrator and Subrecipient shall maintain records as to all payments made on behalf of all eligible customers to the City's wastewater, stormwater and street repair utilities. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City. The City, for purposes of making an audit or examination, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Fund Administrator or the Subrecipient which relate to this Agreement Upon early termination or the end of the term of this Agreement, the City may require copies (at City's expense) of all Fund Agent's and Subrecipient's financial records relating to this Agreement. 10. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of the Fund Agent and the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with the City's and other applicable monitoring and evaluation criteria and standards. Fund Administrator and Subrecipient shall fully cooperate with City relating to such monitoring and evaluation. 11. INDEPENDENCE OF FUND ADMINISTRATOR AND SUBRECIPIENT. Nothing herein contained nor the relationship of Fund Administrator and Subrecipient to City, which relationship is expressly declared to be that of independent contractors, shall make or be construed to make Fund Administrator or Subrecipient or any of Fund Administrator's or Subrecipient's agents or employees, the agents or employees of the City. Fund Administrator and Subrecipient shall be solely and entirely responsible for their acts and the acts of their agents, employees and subcontractors. 12. 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 the Parties. 13. SIGNATURES. The persons signing this Agreement on behalf of the Parties represent and warrant that such persons 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 the Parries in accordance with its terms. IN WITNESS, WHEREOF, the Parties 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 MUNICIPAL CORPORATION \4sn d Q By '��..J rea..44; City Clerk Nicholas A. Gradisar, Mayor 3 FUND ADMINISTRATOR UNITED WAY OF PUEBLO COUNTY, COLORADO, INC. a Colorado Nonprofit Corporation al • je1A-MPU By: (Signature) Sharma. in Far hie (-- (Print '(Print Name) ere S l cue(it Cc?) (Print Title) SUBRECIPIENT CATHOLIC CHARITIES OF THE DIOCESE OF PUEBLO, INC. a Colorado Nonprofit Corporation OCA By: (Signature) jo16.. 70, o des (Print Name) ,&eca_hrvi re-cz‘r-- Of. (Print Title) 4