HomeMy WebLinkAbout09839ORDINANCE NO. 9839
AN EMERGENCY ORDINANCE BUDGETING AND
APPROPRIATING UP TO TWO HUNDRED THOUSAND
DOLLARS ($200,000) FROM THE CORONAVIRUS RELIEF
FUND PROJECT NO. CI2010 TO UNITED WAY OF PUEBLO
COUNTY, INC., A COLORADO NONPROFIT
CORPORATION, FOR THE PURPOSE OF PROVIDING
RENT, MORTGAGE, AND 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 RENT, MORTGAGE, AND
UTILITY ASSISTANCE PROGRAM
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
Funds in the amount of up to two hundred thousand dollars ($200,000.00) is
budgeted and appropriated from Project No. CI2010 to United Way of Pueblo County,
Inc., a Colorado nonprofit corporation, for the purposes of providing rent, mortgage, and
utility 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.
SECTION 2.
The Agreement for Coronavirus Pandemic Community Rent, Mortgage, and Utility
Assistance Program (“Agreement”) dated December 14, 2020, between the City of
Pueblo, a Colorado municipal corporation, and United Way of Pueblo County, 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 shall 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 December 14, 2020.
Final adoption of Ordinance by City Council on December 14, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 16, 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-3
Background Paper for Proposed Ordinance
COUNCIL MEETING DATE: December 14, 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 UP TO
TWO HUNDRED THOUSAND DOLLARS ($200,000) FROM THE
CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO UNITED WAY OF
PUEBLO COUNTY, INC., A COLORADO NONPROFIT CORPORATION, FOR
THE PURPOSE OF PROVIDING RENT, MORTGAGE, AND 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 RENT, MORTGAGE, AND UTILITY ASSISTANCE PROGRAM
SUMMARY:
Attached is an emergency Ordinance budgeting and appropriating up to two hundred thousand
dollars ($200,000.00) from the Coronavirus Relief Fund Project No. CI2010 to United Way of
Pueblo County, Inc. (“United Way”) for the purpose of providing rent, mortgage, and 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 authorizing the Mayor to execute an
Agreement for the Coronavirus Pandemic Rent, Mortgage, and Utility Assistance Program. The
Agreement enables the United Way to use up to six thousand dollars ($6,000.00) to administer
the Program.
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 rent, mortgage, and 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, up to Two Hundred Thousand Dollars ($200,000.00)
will transferred to United Way of Pueblo County, Inc., for the purposes of providing rent, mortgage,
and 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 $200,000.00 in federal CARES Act funds to
United Way of Pueblo County, Inc., for the purposes of providing rent, mortgage, and utility
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
AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY RENT, MORTGAGE,
AND UTILITY ASSISTANCE PROGRAM
THIS AGREEMENT FOR CORONAVIRUS PANDEMIC COMMUNITY RENT,
MORTGAGE, AND UTILITY ASSISTANCE PROGRAM ("Agreement") is made and
entered into this 14TH day of December 2020, by and between the City of Pueblo, a
Colorado Municipal Corporation, hereinafter referred to as the "City," and United Way of
Pueblo County, 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 December 14, 2020, has
budgeted and appropriated up to Two Hundred Thousand Dollars ($200,000.00) from the
Coronavirus Relief Fund Project No. CI 2010 to the Subrecipient for the purposes of
providing rent, mortgage, and utility 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 ("Utility Assistance Program"); and
WHEREAS, for the purpose of this Agreement, Utility Expenses shall include bills
for rent payments, mortgage payments, and residential electric and gas utility services;
and
WHEREAS, Subrecipient will operate a program to screen and provide rent,
mortgage, and 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 up to Two Hundred Thousand Dollars
($200,000.00) to Subrecipient for the purposes of Rent, Mortgage, and Utility Expenses
of eligible individuals under this Agreement and for compensation of additional personnel
costs of Subrecipient, in an amount of up to but not to exceed Six Thousand Dollars
($6,000.00), necessary to administer 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 Rent, Mortgage, and Utility Assistance Program as a
subrecipient for City with 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 Rent, Mortgage, and Utility
Assistance Program subject to the eligibility criteria set forth in Section 3 of this
Agreement. Subrecipient shall pay and satisfy Rent, Mortgage, and Utility Expenses of
eligible individuals only with respect to unpaid Rent, Mortgage, and Utility Expenses
incurred during the period of March 1, 2020 through December 30, 2020. Payments shall
be made directly to lessor, the mortgagee and/or 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 rent, mortgage,
or utility assistance received or applied for and shall not be eligible to
receive duplicate benefits and agrees to repay any rent, mortgage, or utility
assistance provided under the Rent, Mortgage, and 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 Rent, Mortgage,
or 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 rent,
mortgage utility assistance.
In all respects, individual eligibility shall be determined under the federal Coronavirus Aid
Relief and Economic Security Act.
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4. TERM OF AGREEMENT.
The term of this Agreement shall be from December 14, 2020 to December 30, 2020
unless sooner terminated as herein provided.
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
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the Agreement. 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. Subrecipient acknowledges and agrees that City will require
documentation of the use of the funds, including providing any Required Records, for
purposes of filing such reimbursement on or before January 10, 2021.
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.
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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
--.41,0--101 0 aNYvt-4
City Clerk 16 Nicholas A. Gra Isar, Mayor
SUBRECIPIENT
United Way of Pueblo County, Inc.
a Colorado Nonprofit Corporation
()4/LaiLit/A- rn Awk/A-
By: (Signature)
„SI/La/14A nl f rik
(Print Name)
Fr\CS/ta(41, 0
(Print Title)
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