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HomeMy WebLinkAbout09810 ORDINANCE NO. 9810 AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO POSADA, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING UTILITY 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 CORONAVIRUS PANDEMIC COMMUNITY UTILITY ASSISTANCE PROGRAM BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) is budgeted and appropriated from Project No. CI 2010 to Posada, Inc., a Colorado nonprofit corporation, for the purposes of providing utility assistance for payment of utility expenses to residents of the City of Pueblo 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 Utility Assistance Program (“Agreement”), dated October 26, 2020, between the City of Pueblo, a Colorado municipal corporation, and Posada, 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 26, 2020. Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 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-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 26, 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 ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO POSADA, INC., A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING UTILITY 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 CORONAVIRUS PANDEMIC COMMUNITY UTILITY ASSISTANCE PROGRAM SUMMARY: Attached is an emergency Ordinance budgeting and appropriating One Hundred Fifty Thousand Dollars ($150,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to Posada, Inc. (“Posada”) for the purpose of providing utility 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 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 utility 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 Fifty Thousand Dollars ($150,000.00) will transferred to the Posada, Inc., for the purposes of providing utility assistance to residents of the city who have become unemployed or suffered other financial setbacks as a result of the COVID- 19 pandemic. 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 Posada, 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 UTILITY ASSISTANCE PROGRAM THIS AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY UTILITY ASSISTANCE PROGRAM ("Agreement") is made and entered into this 26TH day of October 2020, by and between the City of Pueblo, a Colorado Municipal Corporation, hereinafter referred to as the "City," and Posada, Inc., a Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient." City 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 26, 2020, has budgeted and appropriated One Hundred and Fifty Thousand Dollars ($150,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Subrecipient for the purposes of providing utility assistance for payment of utility expenses to residents of the City of Pueblo who have become unemployed or suffered other financial hardships as a result of the COVID-19 pandemic ("Utility Assistance Program"); and WHEREAS, for the purpose of this Agreement, Utility Expenses shall include bills for residential electric and gas utility services; and WHEREAS, Subrecipient currently operates a program to screen and provide utility assistance for the benefit of individuals and families experiencing a state of emergency; and WHEREAS, the City desires to utilize Subrecipient and Subrecipient's program subject to the conditions and provisions of this Agreement for purposes of the Utility Assistance Program. WHEREAS, Subrecipient desires 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 entity was 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 of One Hundred Fifty Thousand Dollars ($150,000.00) to Subrecipient to effectuate the purposes of this Agreement. Transfer of funds shall be according to a schedule reasonably agreed to by the Parties. 2. RESPONSIBILITIES OF THE SUBRECIPIENT. Subrecipient shall operate the Utility Assistance Program as a subrecipient for City with 1 respect to the expenditure of federal funds pursuant to the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), Public Law 116-136 which have been or will be distributed to City by the Colorado Department of Local Affairs pursuant Executive Order No. D 2020070 of the Governor of Colorado. 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. Subrecipient shall screen and process applications under the Utility Assistance Program subject to the eligibility criteria set forth in Section 3 of this Agreement. Subrecipient shall pay and satisfy Utility Expenses of eligible individuals only with respect to unpaid Utility Expenses 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, payments shall be made directly to the utility provider. In no event shall payments ever be made directly to an eligible individual. 3. ELIGIBILITY CRITERIA. In order to qualify for assistance under this Agreement and the Utility 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 utility assistance received and agree to repay any utility assistance provided under the Utility 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) an 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 payment of Utility Expenses 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 occupancy at the address for which they are seeking utility assistance. In all respects, individual eligibility shall be determined under the federal Coronavirus Aid Relief and Economic Security Act. 4. TERM OF AGREEMENT. The term of this Agreement shall be from October 26, 2020 to December 30, 2020 unless sooner terminated as herein provided. 2 5. TERMINATION OF AGREEMENT. (a) For Cause: This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient, including a statement of the reasons therefore, and after an opportunity for Subrecipient 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 Subrecipient. Cause for termination shall include any failure by 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 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, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination. 6. ASSIGNABILITY. This Agreement shall not be assigned or transferred by 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. 7. CONFLICT OF INTEREST. The Subrecipient certifies and warrants that neither they nor any members of their Board 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. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable state and federal regulations. 8. SUBRECIPIENT RECORDS. 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. 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. Subrecipient shall provide all assistance requested by City in order to 3 apply for and process any reimbursement request under said program including providing any Required Records. 9. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of 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 and the terms of this Agreement. Subrecipient shall fully cooperate with City relating to such monitoring and evaluation. 10. INDEPENDENCE OF SUBRECIPIENT. Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of independent contractors, shall make or be construed to make Subrecipient or any of Subrecipient's agents or employees, the agents or employees of the City. 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 au • , _ 4wda City Clerk M 1Nicholas A. Gradisar, Ma or 4 SUBRECIPIENT Posada, Inc. a Colorado Nonprofit Corporation 4 ! _ By: (Signature) (Print Name) 1_--�-'Cc s redo (Print Title) 5