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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
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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.
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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
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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
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SUBRECIPIENT
Posada, Inc.
a Colorado Nonprofit Corporation
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By: (Signature)
(Print Name)
1_--�-'Cc s redo
(Print Title)
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