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HomeMy WebLinkAbout09790ORDINANCE NO. 9790 AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING AN AMOUNT UP TO ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO UNITED WAY OF PUEBLO COUNTY, COLORADO, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING RENTAL ASSISTANCE TO RESIDENTS OF THE CITY 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 RENTAL ASSISTANCE PROGRAM BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of One Hundred Thousand Dollars ($100,000.00) is budgeted and appropriated from Project No. CI2010 to United Way of Pueblo County, Colorado, Inc., a Colorado nonprofit corporation, for the purposes of providing rental assistance to residents of the City of Pueblo who have become unemployed or suffered other financial hardships as a result of the COVID-19 pandemic. If said funds are exhausted by November 30, 2020, an additional Fifty Thousand Dollars ($50,000) shall be budgeted and appropriated from Project No. CI2010 to United Way of Pueblo County, Colorado, Inc., a Colorado nonprofit corporation, for the said purpose. SECTION 2. The Agreement for Coronavirus Pandemic Community Rental Assistance Program (“Agreement”), dated October 13, 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 October 13, 2020 . Final adoption of Ordinance by City Council on October 13, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 15, 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 # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 13, 2020 TO: Dennis E. Flores and Members of City Council FROM: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk SUBJECT: AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING AN AMOUNT UP TO ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO UNITED WAY OF PUEBLO COUNTY, COLORADO, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING RENTAL ASSISTANCE TO RESIDENTS OF THE CITY 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 RENTAL ASSISTANCE PROGRAM SUMMARY: Attached is an emergency Ordinance budgeting and appropriating up to One Hundred Fifty Thousand Dollars ($150,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to United Way of Pueblo County, Colorado, Inc. (“United Way”) for the purpose of providing rental assistance to residents of the City who have become unemployed or suffered other financial setbacks as a result of the COVID-19 pandemic. PREVIOUS COUNCIL ACTION: On June 27, 2020, by 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 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 rental assistance to residents of the City who have become unemployed or suffered other financial setbacks 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 the United Way of Pueblo County, Colorado, Inc., for the purposes of providing rental assistance to residents of the City who have become unemployed or suffered other financial setbacks as a result of the COVID-19 pandemic. If said funds are exhausted by November 30, 2020, an additional Fifty Thousand Dollars ($50,000) shall be budgeted and appropriated from Project CI2020 to United Way of Pueblo County, Colorado, Inc., for the said purpose. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not transferring up to $150,000.00 in federal CARES Act funds to United Way of Pueblo County, Colorado, Inc., for the purposes of providing rental assistance to residents of the City who have become unemployed or suffered other financial setbacks as a result of the COVID-19 pandemic. RECOMMENDATION: Approve the attached ordinance. Attachments: Proposed Ordinance AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY RENTAL ASSISTANCE PROGRAM THIS AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY RENTAL ASSISTANCE PROGRAM ("Agreement") is made and entered into this 13TH day of October 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 October 13, 2020, has budgeted and appropriated an amount up to One Hundred and Fifty Thousand Dollars ($150,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Fund Administrator for the purposes of providing rental assistance to residents of the City of Pueblo who have become unemployed or suffered other financial hardships as a result of the COVID-19 pandemic ("Rental Assistance Program"); and WHEREAS, Subrecipient currently operates a program to screen and provide rental assistance for the benefit of individuals and families experiencing a state of emergency; and WHEREAS, the City and Fund Administrator desire to utilize Subrecipient and Subrecipient's program subject to the conditions and provisions of this Agreement for purposes of the Rental Assistance Program. WHEREAS, Fund Administrator and Subrecipient desire to provide the services identified in this Agreement and upon the terms and conditions herein provided as same benefit and further the charitable purposes for which the entities are created. 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 funds in an amount up to One Hundred Thousand Dollars ($100,000.00) to Fund Administrator to effectuate the purposes of this Agreement. If said funds are exhausted by November 30, 2020, the City will transfer funds in an additional amount of up to additional Fifty Thousand Dollars ($50,000) to Fund Administrator to effectuate the purposes of this Agreement. All transfers of funds shall be according to a schedule reasonably agreed to by the Parties. The aggregate of all transfers made hereunder shall not exceed $150,000.00. 1 2. RESPONSIBILITIES OF THE FUND ADMINISTRATOR. The Fund Administrator shall disburse to Subrecipient all amounts transferred by City under this Agreement for Subrecipient to pay and satisfy housing costs of eligible individuals only with respect to rental payments incurred during the period of March 1, 2020 through December 30, 2020. 3. RESPONSIBILITIES OF THE SUBRECIPIENT. Subrecipient shall screen and process applications under the Rental Assistance Program subject to the eligibility criteria set forth in Section 4 of this Agreement. Subrecipient shall pay and satisfy housing costs of eligible individuals only with respect to rental payments incurred during the period of March 1, 2020 through December 30, 2020. Payments shall be made generally in accordance with the same procedure utilized in Subrecipient's currently operated program; provided, however, in no event shall payments be made directly to an eligible individual. Subrecipient shall be subject to and comply with the following requirements of the Uniform Guidance (2 C.F.R. Part 200): 2 C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. 4. ELIGIBILITY CRITERIA. In order to qualify for assistance under this Agreement and the Rental Assistance Program, an applicant must meet the following requirements in addition to eligibility requirements of Subrecipient's currently operated program: a. Applicant must disclose other local, state and federal rental assistance received and agree to repay any rental assistance provided under the Rental Assistance Program if duplicate benefits are received. b. Applicant must demonstrate economic hardship as a result of the COVID-19 pandemic. Economic hardship as a result of the COVID-19 pandemic means that (i) a individual or household suffers a decrease in income or is unable to work as a direct or indirect result of COVID-19, and (ii) does not have the financial ability to make rental payments without leaving them unable to make necessary purchases of good and services such as by way of example food. c. Applicant must demonstrate residency within the City and provide evidence of tenancy. In all respects, individual eligibility shall be determined under the federal Coronavirus Aid Relief and Economic Security Act. 2 5. TERM OF AGREEMENT. The term of this Agreement shall be from October 13, 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. 9. FUND ADMINISTRATOR AND SUBRECIPIENT RECORDS. 3 Fund Administrator and Subrecipient shall create, document and maintain all necessary records, books, papers and other documents ("Required Records") which establish performance of and compliance with the terms and conditions of this Agreement for a period up to and including December 30, 2027. Fund Administrator and Subrecipient shall make the Required Records available for inspection, review and audit by authorized representatives of the City or the State of Colorado. In addition, City intends to seek reimbursement from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program for all funds distributed under the Agreement. Fund Administrator and Subrecipient shall provide all assistance requested by City in order to apply for and process any reimbursement request under said program including providing any Required Records. 10. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of the Fund Administrator 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. 4 ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION :�Zete 4rie‘cg4Asui #Lnda Clerk Nicholas A. Gradisar, Mayor FUND ADMINISTRATOR UNITED WAY OF PUEBLO COUNTY, COLORADO, INC. a Colorado Nonprofit Corporation LA-kit-14-itA- IT) . Az/LThp..A By: (Signature) c) naa_ ('YL CeLr me r- (Print Name) Pres ode-n.f / COD (Print Title) SUBRECIPIENT CATHOLIC CHARITIES OF THE DIOCESE OF PUEBLO, INC, a Colorado Nonprofit Corporation a(-44,Y-Ad_e,By: (Signa 1 ,i--eicirn Teck,/i/t D�e c7 (Print Name Y-d_c, 4 0 i e_5 (Print Title) 5