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
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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.
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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
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City Clerk Nicholas A. Gradisar, Mayor
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FUND ADMINISTRATOR
UNITED WAY OF PUEBLO COUNTY, COLORADO, INC.
a Colorado Nonprofit Corporation
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SUBRECIPIENT
CATHOLIC CHARITIES OF THE DIOCESE OF PUEBLO, INC.
a Colorado Nonprofit Corporation
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