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HomeMy WebLinkAbout09986ORDINANCE NO. 9986 AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY FOR A GRANT AWARD IN THE AMOUNT OF $250,000 ON BEHALF OF THE PUEBLO FOOD PROJECT, ESTABLISHING PROJECT NO. CI2116, AND BUDGETING AND APPROPRIATING $250,000 TO PROJECT NO. CI2116 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement dated August 9, 2021 (“Agreement”) between the City of Pueblo, a Colorado Municipal Corporation, by and through the Pueblo Food Project, and Pueblo County, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, the City Clerk shall affix the Seal of the City thereto and attest same, and any execution by electronic signature is attributable to the Mayor and the City of Pueblo. SECTION 3. Project No. CI2116 for CARES Act emergency hunger assistance is hereby established. SECTION 4. Funds in the amount of $250,000.00 shall be accepted pursuant to the Agreement and budgeted and appropriated to Project No. CI2116. SECTION 5. The officers and staff of the City are hereby authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to effectuate the transactions described therein. 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 August 9, 2021 . Final adoption of Ordinance by City Council on August 23, 2021 . President of City Council Action by the Mayor: ☒ Approved on August 24, 2021 . □ 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 # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 9, 2021 TO: President Lawrence W. Atencio and Members of City Council VIA: Marisa Stoller, City Clerk FROM: Nicholas A. Gradisar, Mayor SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY FOR A GRANT AWARD IN THE AMOUNT OF $250,000 ON BEHALF OF THE PUEBLO FOOD PROJECT, ESTABLISHING PROJECT NO. CI2116, AND BUDGETING AND APPROPRIATING $250,000 TO PROJECT NO. CI2116 SUMMARY: Attached is an Ordinance approving and authorizing the City to accept a grant in the amount of $250,000 from Pueblo County for emergency hunger relief work by the Pueblo Food Project during the COVID-19 emergency. This Ordinance budgets and appropriates the grant funds into Project No. CI2116. This Ordinance approves the Grant Agreement thereto. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Pueblo Food Project requested $250,000 for emergency hunger relief activities to respond to community needs during the COVID-19 emergency. The money will be used to restock the Pueblo Food Project online community pantry. FINANCIAL IMPLICATIONS: There are no matching funds required for this grant. The City of Pueblo will receive the entire $250,000 on behalf of the Pueblo Food Project upon passage of the Ordinance. The total grant budget for Project No. CI2116 will be $250,000. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the proposed Ordinance is not approved, the Pueblo Food Project will not receive the grant funds. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Grant Agreement AGREEMENT BETWEEN PUEBLO COUNTY AND THE CITY OF PUEBLO FOR COVID-19 CARES ECONOMIC RECOVERY PROGRAM FUNDS THIS AGREEMENT is made this 9th day of August, 2021 ("Effective date"), by and between Pueblo County, a political subdivision of the State of Colorado ("County" or "Pueblo County") and the City of Pueblo ("the Recipient"), through and for the use of the Pueblo Food Project, located at 1 City Hall Place Pueblo, Colorado 81003, the recipient of a grant award from Pueblo County's COVID-19 CARES Economic Recovery Program Funds, collectively referred to as the"Parties." RECITALS WHEREAS, pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Pueblo County has been allocated $8,872,633.00 from the United States Government ("CARES Act Funds") which is distributed through the Colorado Department of Local Affairs ("DOLA"); and WHEREAS, the United States Department of Treasury ("Treasury") and DOLA have issued guidelines and interpretations with regards to the authorized use of funds allocated to local governments under the CARES Act; and WHEREAS, pursuant to the CARES Act, local governments may provide payments from CARES Act Funds to government organizations and programs adversely impacted by the COVID- 19 outbreak via the Coronavirus Relief Fund; and WHEREAS, the CARES Act allows local governments to provide payments to other governmental organizations in the form of grants from the Coronavirus Relief Fund, which may only be used to cover expenses which: (1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the local government; and (3) were incurred during the period that begins on March 1, 2020 and ends on December 30, 2021; and WHEREAS, many entities within Pueblo County have suffered economically due to the coronavirus pandemic, and without financial assistance may face closure which would have the detrimental effect of further job losses in our community; and WHEREAS, many governmental entities that provide valuable services to residents in our community are also suffering economically due to the coronavirus pandemic,and without financial assistance may close, which would have the detrimental effects of further job losses and 1 loss of services to our residents. A loss of services to our community would be particularly unfortunate during these difficult times when many residents rely on assistance provided by such entities; and WHEREAS, the City of Pueblo is the Recipient and sponsors the Pueblo Food Project community program, aiding and providing food resources within the city; and WHEREAS,the Recipient by and through the Pueblo Food Project requested funds and has been selected by the County to receive a grant ("Grant Funds") from the County's Economic Relief Program for the allowable expenses, as set forth in Exhibit A. NOW THEREFORE, the Parties agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein by this reference. 2. Purpose. The purpose of this Agreement is to establish a contractual relationship between the County and Recipient with regard to Grant Funds to cover eligible expenses of the Recipient associated with the coronavirus emergency from the CARES Act Funds allocated to County. 3. Award Amount and Eligible Expenses. The total amount of Grant Funds to be awarded to Recipient are $250,000.00. Recipient shall use Grant Funds only to pay for or reimburse Recipient for Eligible Expenses incurred during the time period set forth in paragraph 5. 4. A list of Ineligible Expenses is listed below. If an expense is deemed to be an Ineligible, it cannot be reimbursed or covered using Grant Funds. A Ineligible Expenses. Ineligible expenses include, but are not limited to, the following: (i) Political campaign contributions or donations. (ii) Charitable contributions or gifts. (iii) Bonus payments to Recipient owners, officers or employees. (iv) Payment of wages to any member of the Recipient owner's family who is not a bona fide employee. (v) Draws or salary to Recipient owner that exceeds the amount paid over a corresponding interval, quarter, or year in 2019. (vi) Paydown or payoff of debt by more than the monthly amount required by the underlying debt instrument. (vii) Payroll and other employee- or business-associated costs for which the Recipient has received or expects to receive reimbursement from other federal, state or regional funds (e.g. Payroll Protection Program or unemployment insurance). (viii) Damages covered by insurance. (ix) Reimbursement to donors for donated items or services. 2 (x) Severance pay. (xi) Legal settlements. (xii) Any expense not considered an eligible expense by the Department of the Treasury Internal Revenue Service. (xiii) Payments to governmental entities such as those for taxes or fees. (xiv) Permanent infrastructure improvements or real property acquisition. 5. Time Period. All Eligible Expenses must be incurred by the Recipient between June 1, 2021 and December 30, 2021. Any expenses incurred before or after this period are not Eligible Expenses for Grant Funds.The Recipient understands that any expenses incurred in excess of Grant Funds are the Recipient's sole responsibility and will not be paid by the County. 6. Source of Grant Funds. The Parties acknowledge that funding for this Agreement comes solely as reimbursement of, or payments made to, the County from the CARES Act Funds that are distributed to the County from the State of Colorado. The County has no independent obligation to provide the Recipient with funds from any other source. 7. Compliance with Federal, State and Local Laws. The Recipient shall comply with and obey all applicable federal, state, and local laws, regulations, and ordinances. Should the Recipient's spending of the Grant Funds be inconsistent with applicable laws, provisions of this Agreement, or otherwise inappropriate, the County shall have the right to the return or collection of any portion of the Funds that are later determined to have been spent in violation of applicable laws. The County shall not exercise this right until it has given written notice of noncompliance with applicable laws or this Agreement to Recipient and allowed Recipient a period of thirty (30) days from the date of notice for Recipient to cure the noncompliance. A. No Use of Grant Funds for Expenses Covered by Other Programs. Recipient shall not use the Grant Funds for any expense which the Recipient has submitted or will submit to any other entity, including but not limited to any other federal, state, or regional entity, for reimbursement. B. Certification Regarding Use of Proceeds. The Recipient certifies that the expenses for which Recipient used or will use the Grant proceeds: (i) are necessary expenditures incurred due to the public health emergency with response to the Coronavirus Virus Disease 2019; (ii) were incurred during the period between March 1,2020 and December 30,2021;and(iii)meet the criteria set forth in United States Department of Treasury guidelines and interpretations, both current and as they may be amended and supplemented in the future. C Certification Regarding Status. Recipient certifies, by signing this Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency.The Recipient also certifies that it is in good standing. 8. Certification. The Parties agree that the County may rely upon the certification of 3 the Recipient that such expenses for which Recipient used the Grant Funds met the minimum requirements for the CARES Act. 9. Maintenance of Records; Public Records. The Recipient shall maintain accurate written records, including accounting records such as invoices, sales receipts, and proof of payment, books, documents, data, and other evidence that reflects all of Recipient's direct and indirect expenditures of Grant Funds. These records must be sufficient to demonstrate that the funds have been used in accordance with Section 601(d) of the Social Security Act. The County may at any time review the documentation to determine the Recipient's conformance with the requirements of the Grant Funds program, and the Recipient shall make available to the County, upon request, all of the Recipient's records and documents with respect to all matters covered by this Agreement. A The County may require the Recipient to provide additional documentation if the existing documentation is deemed incomplete. B. The Recipient shall retain all records related to this Agreement for a period of seven (7) years following the receipt of Grant Funds. These records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by the County and federal and state officials so authorized by law,regulation, or agreement. C. The Recipient will be treated as a subrecipient by Pueblo County of Federal Funding under the Coronavirus Relief Fund Program (CVRF) CFDA #21.019 and may be subject to Single Audit. D. If any litigation, claim,or audit is started before the expiration of the seven(7)year period provided in Section 7(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. E All Recipient documents and records comprising this Agreement, and all other documents and records provided to the County by the Recipient,are deemed public records subject to disclosure under the Colorado Open Records Act. Thus, the County may be required, upon request, to disclose the Agreement and documents or records related to it unless an exemption under the Colorado Open Records Act or other laws applies. 10. Grant Contract Amendments. The Parties acknowledge that the federal government or State of Colorado may request changes to the provisions surrounding grant awards. Any changes or revisions to the terms and conditions that are applicable to this Agreement shall be incorporated by amendment of this Agreement, following mutual agreement between County and Recipient. 11. PROHIBITIONS ON PUBLIC CONTRACTS FOR SERVICES (INCLUDING CONSTRUCTION CONTRACTS) REGARDING EMPLOYMENT OF ILLEGAL ALIENS: If Recipient has any employees or subcontractors, Recipient shall comply with the provisions of C.R.S. § 8-17.5-101,et seq. and this Agreement. The Recipient shall not knowingly 4 employ or contract with a worker without authorization to perform work under this Agreement; or enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. By execution of this Agreement, Recipient certifies that it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and that the Recipient will participate in either the Federal E-Verify Program or the Colorado Department of Labor & Employment's "Department Program" as identified in C.R.S. §§ 8-17.5- 101(3.7) and (3.3), in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Agreement. A. Recipient shall not: (i) Knowingly employ or contract with a worker without authorization to perform work under this Agreement; or (ii) Enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. B. Recipient has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or Department Program. C. Recipient shall not use either the E-Verify Program or Department Program to undertake pre-employment screening of job applicants while this Agreement is in effect. D. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, Recipient shall: (i) Notify the subcontractor and the County within three(3)days that the Recipient has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to sub-paragraph (i) above, the subcontractor does not stop employing or contracting with the illegal alien; except that Recipient shall not terminate the contract with the subcontractor if during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. E. Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). 5 F. If Recipient violates this provision of this Agreement, the County may terminate this Agreement for breach of contract and the Recipient shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the Office of the Secretary of State if Recipient violates this provision of the Agreement and the County terminates the Agreement for such breach. 12. Termination. If the Recipient fails to fulfill its obligations under this Agreement, the County may terminate this Agreement upon written notice to the Recipient specifying the reason for termination. The termination date shall be specified in the notice of termination. 13. Governing Law and Venue. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Colorado and the venue will be in Pueblo County, Colorado. 14. Assignment of Contract. The Recipient shall not assign this contract without the prior written consent of the County. 15. Entire Agreement. The Parties agree that this Agreement is the complete expression of the terms agreed to by the Parties.No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind the Parties. 16. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. PUEB/1' OUNTY CITY OF PUEBLO v By: .4111P By: ed00 Garrison Ortiz, Chairman Nicholas A. Gradisar, ayor Board of County Commissioners City of Pueblo 6 Exhibit A The Pueblo Food Project has been operating a digital community pantry utilizing the Supporting Pueblo website. Organizations that serve the Pueblo community can place a $0 order for local food products to support their hunger relief efforts. The funds will be used to restock the pantry supply as hunger relief continues to be high need for the community. The Pueblo Food Project will work with vendors via an RFP process to restock the pantry supply. Pantry items will include (as an example) fresh produce, frozen chile, bakery goods, dried pinto beans, local ground beef, local pasta, whole chicken, local tortillas and tamales, local jarred green chile and jarred low sugar preserves and local hot sauce. Funding will also be used to store the food items and delivery them on an as needed basis. Budget: $225,000 Food $25,000 Food storage and delivery $250,000 Total 7