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HomeMy WebLinkAbout09826ORDINANCE NO. 9826 AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING TWENTY-FIVE THOUSAND DOLLARS ($25,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI 2010 TO THE BOYS AND GIRLS CLUB OF PUEBLO COUNTY, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING SHELTERED LEARNING CARE FOR THE BENEFIT OF PARENTS OF FIRST RESPONDERS AND OTHER ESSENTIAL WORKERS AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SHELTERED LEARNING CARE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of Twenty-Five Thousand Dollars ($25,000.00) is budgeted and appropriated from Project No. CI 2010 to the Boys and Girls Club of Pueblo County, a Colorado nonprofit corporation, for the purposes of sheltered learning care for the benefit of parents of first responders and other essential workers. SECTION 2. The Grant Agreement (“Agreement”), dated November 23, 2020, between the City of Pueblo, a Colorado municipal corporation, and Boys and Girls Club of Pueblo County, a Colorado nonprofit corporation, a copy of which is attached hereto and incorporated herein by this reference, 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. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3-20 of the City Charter, for the following reasons: Time is of the essence in providing child care assistance for the benefit of parents of essential workers due to the COVID-19 pandemic and related public health orders. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 23, 2020. Final adoption of Ordinance by City Council on November 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on November 25, 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: November 23, 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 TWENTY- FIVE THOUSAND DOLLARS ($25,000) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI 2010 TO THE BOYS AND GIRLS CLUB OF PUEBLO COUNTY, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING SHELTERED LEARNING CARE FOR THE BENEFIT OF PARENTS OF FIRST RESPONDERS AND OTHER ESSENTIAL WORKERS AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SHELTERED LEARNING CARE SUMMARY: Attached is an emergency Ordinance budgeting and appropriating Twenty-Five Thousand Dollars ($25,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Boys and Girls Club of Pueblo County, a Colorado Nonprofit Corporation, for the purpose of providing sheltered learning care for the benefit of parents of first responders and other essential workers. 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 a grant in the amount of Twenty Five Thousand Dollars ($25,000.00) to the Boys and Girls Club of Pueblo County for the purposes of providing sheltered learning care for first responders and other essential workers during the COVID-19 pandemic. FINANCIAL IMPLICATIONS: Under the attached proposed Ordinance, Twenty-Five Thousand Dollars ($25,000.00) will be budgeted and appropriated from the Coronavirus Relief Fund Project No. CI 2010 to the Boys and Girls Club of Pueblo County for the purpose of providing sheltered learning care for the benefit of parents of first responders and other essential workers during the COVID-19 pandemic. The City will seek reimbursement from the Colorado Department of Local Affairs Coronavirus Relief Fund for this expense. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not budgeting and appropriating Twenty-Five Thousand Dollars ($25,000.00) from the Coronavirus Relief Fund Project No. CI 2010 to the Boys and Girls Club of Pueblo County for the purpose of providing sheltered learning care for the benefit of parents of first responders and other essential workers during the COVID- 19 pandemic. RECOMMENDATION: Approve the attached ordinance. Attachments: Proposed Ordinance GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into this o23'day of 1�nvew►b*-r , 2020 by and between the City of Pueblo, a Colorado municipal corporation (the "City") and Boys and Girls Club of Pueblo County, Inc., a Colorado nonprofit corporation (the "Company"). WHEREAS, Company is providing emergency learning shelters for children of first responders and other essential workers during school closures during the COVID-19 pandemic. WHEREAS, Company has requested financial assistance with respect to necessary expenditures incurred and to be incurred due to the COVID-19 public health emergency. WHEREAS, based upon the representations of Company and subject to the limitations and conditions of this Agreement, City is willing to provide such assistance. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Company agree as follows: 1. The City shall pay Company the sum of$25,000.00 upon execution of this Agreement. Said funds shall be used by Company solely for the following purposes ("Dedicated Purposes"): to provide for staffing of emergency learning shelters for children of first responders and other essential workers during school closures during the period of November 30, 2020 though December 17, 2020 of the COVID-19 pandemic so that essential workers can continue to work and remain employed. 2. Company stipulates, acknowledges and agrees that Company has not and will not use other federal, state or local funds for the Dedicated Purpose and that without such emergency learning shelters there will be a lack of facilities to provide these necessary services. 3. All funds distributed to Company under this Agreement shall be spent on or before December 30, 2020, and if not spent by said date, shall be immediately returned to the City. 4. Company stipulates and acknowledges that it is City's right to seek reimbursement from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program for funds distributed to Company under this Agreement. Company shall provide all assistance requested by City in order to apply for and process any reimbursement request under said program including providing any records identified in paragraph 5 of the Agreement. 5. Company shall create, document and maintain all necessary records, books, papers and other documents ("Required Records") which establish performance of and compliance with the representation, terms and conditions of this Agreement for a period up to and including December 30, 2027. Company shall make the Required Records available for 1 inspection, review and audit by authorized representatives of the City or the State of Colorado. 6. Miscellaneous. (a) Authority of Signers. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. (b) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to enforce any provision of this Agreement, to recover damages for Company's breach of this Agreement, or to seek specific performance of this Agreement, the City shall be entitled to collect its reasonable attorney's fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding. (c) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. Executed the date and year first above written. City of Pueblo, Colorado a Colorado Municipal Corporation [ SEAL ] Atte sfl./a/ACitA QLtJ\-vu., BY: 7[m� City Clerk Mayor Boys and Girls Club of Pueblo County [SEAL] pr. ATTEST: BY: 0 (41 1 ,1\,,, j irri 2