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HomeMy WebLinkAbout09828ORDINANCE NO. 9828 AN EMERGENCY ORDINANCE BUDGETING AND APPROPRIATING FIFTEEN THOUSAND SIX HUNDRED AND SIXTY FIVE DOLLARS ($15,665) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI 2010 TO POSADA, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO NECESSARY EXPENDITURES INCURRED AND TO BE INCURRED IN THE OPERATION OF A NON-CONGREGATE COVID-19 QUARANTINE SHELTER TO SERVE PUEBLO’S BURGEONINGN POPULATION OF HOMELESS INDIVIDUALS IN THE COMMUNITY DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of Fifteen Thousand Six Hundred and Sixty Five Dollars ($15,665) is budgeted and appropriated from Project No. CI 2010 to Posada, a Colorado Nonprofit Corporation, for the purposes of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of a non-congregate COVID-19 quarantine shelter to serve Pueblo’s burgeoning population of homeless individuals in the community due to the COVID-19 public health emergency. SECTION 2. The Grant Agreement (“Agreement”), between the City of Pueblo, a Colorado Municipal Corporation, and Posada, 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. 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. Coronavirus Relief Funding expires December 30, 2020. SECTION 6. 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 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 # T-1 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 FIFTEEN THOUSAND SIX HUNDRED AND SIXTY FIVE DOLLARS ($15,665) FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO POSADA, A COLORADO NONPROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO NECESSARY EXPENDITURES INCURRED AND TO BE INCURRED IN THE OPERATION OF A NON-CONGREGATE COVID-19 QUARANTINE SHELTER TO SERVE PUEBLO’S BURGEONING POPULATION OF HOMELESS INDIVIDUALS IN THE COMMUNITY DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE SUMMARY: Attached is an Emergency Ordinance budgeting and appropriating Fifteen Thousand Six Hundred and Sixty Five Dollars ($15,665.00) from the Coronavirus Relief Fund Project No. CI2010 to Posada, a Colorado Nonprofit Corporation for the purpose of providing financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of a non- congregate COVID-19 quarantine shelter to serve Pueblo’s burgeoning population of homeless individuals in the community due to the COVID-19 public health emergency. 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 emergency Ordinance No. 9742, City Council established Project No. CI2010 to maintain appropriate accounting of funds received by the City under the Federal CARES Act. BACKGROUND: The purpose of the attached Ordinance is to provide financial assistance with respect to necessary expenditures incurred and to be incurred in the operation of a non-congregate COVID- 19 quarantine shelter to serve Pueblo’s burgeoning population of homeless individuals in the community due to the COVID-19 public health emergency. FINANCIAL IMPLICATIONS: Under the attached proposed Ordinance, Fifteen Thousand Six Hundred and Sixty Five Dollars ($15,665.00) will be transferred to Posada from the Coronavirus Relief Fund, CVRF – CI2010, and the City will make application for reimbursement from the CARES Act grant fund. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could choose to not approve this Ordinance, in which case the financial assistance would not be provided. RECOMMENDATION: Approve the attached ordinance. Attachments: Proposed Ordinance GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into this a3 day of (4•vLe , 2020 by and between the City of Pueblo, a Colorado municipal corporation (the "City")and the Posada, Inc., a Colorado Non-Profit Corporation (the "Company"). WHEREAS,Company owns and will operate a non-congregate COVID quarantine shelter in the City of Pueblo, Colorado. WHEREAS, Company has requested financial assistance with respect to necessary expenditure to be incurred with respect to operations of the shelter. 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 15,665.00 upon execution of this Agreement. Said funds shall be used by Company solely for the purchases identified in the attached Exhibit 1 ("Security Oversight System"). 2. Company represents and warrants that: (a) the Public Health Director for the Pueblo Department of Public Health and Environment has determined that the Security Oversight System is reasonably necessary and effective in protecting the public from COVID, (b) Company is not able, in lieu of the purchase of the Security Oversight System, to lease equipment or utilize other cost effective measures to accomplish the same purpose as the Security Oversight System to be purchased, and Company has present documentation to support this determination, (c) the non- congregate COVID quarantine shelter put into use prior to 12/30/2020. 2. Company stipulates, acknowledges and agrees that Company has not and will not use other federal, state or local funds with respect to the Security Oversight System. 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 inspection, review and audit by authorized representatives of the City or the State of Colorado. 1 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 ] Attes �( Gc (:),.11/144_41) By: /[�Xrafedary iYerk Mayor [SEAL] POSADA, INC., ATTEST: a Colorado Non-Profit Corporation ::e: Title: 1 I V\ Date: [ SEAL ] 2 I „, CIX Security ePO Box 8086 3 -- CIX,-`,t-( i„(} 1 L ' Pueblo Colorado 81008 L^pk',wA.a.,.P.A,v,rl Fmwct • ESTIMATE Estimate/Q2085 BRI To Posada 827 East 4th Street Pueblo,Colorado 81001 Estimate pate Referencelr 12 Nov 2070 2174 take Avenue,Intercom and Secturty Item IDesaiptlon Rate[ Amount Hardware and Installation 05/IPINT Intercom Station,Network,2 Gang,Weather Resistant 11 689,50 11,721.50 Lash 05/SW16 Managed Network Switch,POE,16 Port 2 335.63 671.26 Each 05/P2P Point to Point,Outdoor,5GH2,POE 1 248.23 248.23 Each 05/UPLINK Cellular Uplink,LIT,Seml-Ruggedized, 1 589.00 589.00 Each O51RMS Remote Management Station I 650.00 650.00 Each MonthI Service 05/DATAIGB Data Plan,1 GB/Month($13/GB Overage),Static IP 1 30.00 30.00 Each 05/TEX Dedicated Telephone Extension 1/ 15.00 255.00 Month 08/MSU1500 Mobile Surveillance Unit•Solar Power,Battery Backup, 1 1,500.00 1,500.00 20'Mast,Cellular Uplink,HD Video,Auto-Tracking PTZ, Month Email Notifications Looking forward for your business. Sub Total 15,664.99 Rounding 0.01 Total $15,665.00 Terms&Conditions htiO/www.c-lx.comiterms-and.conditIonsi E *' itr t Scanned with CamScanner