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HomeMy WebLinkAbout10045ORDINANCE NO. 10045 AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COMMUNITY COLLEGE, A COLORADO COMMUNITY COLLEGE, AS AUTHORIZED BY SECTION 603(c)(1)(A) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE 31 CFR 35.6 RECITALS The following recitals are incorporated in and made a part of this Ordinance. WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”); and WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR 35.6(b)(7) recipients may use Coronavirus Local Fiscal Recovery (“CLFR”) Funds to award grants to nonprofit organizations that are responding to the negative economic impacts of the COVID-19 public health emergency; and WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR 35.6 recipients may provide CLFR Funds for purposes of fostering childhood health and welfare, including the establishment of new or expanded childcare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Subrecipient Agreement (“Agreement”) between and the City of Pueblo, a Colorado Municipal Corporation and Pueblo Community College, a Colorado Community College, dated November 17, 2021, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described herein. SECTION 4. Savings Clause: The COVID-19 pandemic has previously been declared an emergency disaster by the Mayor, the Governor of Colorado and the President of the United States. Recently, the number of COVID-19 infections, hospitalizations and deaths has been on the rise in Pueblo County, due primarily the “Delta” variant of the disease migrating to Pueblo County. The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City. Pursuant to Sec. 3-20 of the City Charter, 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 22, 2021. Final adoption of Ordinance by City Council on November 22, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 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-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 22, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COMMUNITY COLLEGE, A COLORADO COMMUNITY COLLEGE, AS AUTHORIZED BY SECTION 603(c)(1)(A) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE 31 CFR 35.6 SUMMARY: This Emergency Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement with Pueblo Community College, a Colorado Community College (hereinafter “PCC”) to implement the Children First Project. The attached agreement is authorized by Section 603(c)(1)(A) of the American Rescue Plan Act (“ARPA”) and Interim Final Rule 31 CFR 35.6. PREVIOUS COUNCIL ACTION: By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be distributed to the City from ARPA, for covered costs and eligible expenses to be incurred during the period which began on March 3, 2021 and ends on December 31, 2024 (to be expended by December 31, 2026). BACKGROUND: On September 13, 2021, by Resolution No. 14708, City Council appropriated funds in the amount of One Hundred Fifty Thousand Dollars ($150,000) from Project No. CI-2113 – American Rescue Plan Act, to PCC for purposes of administering the Children First Project. Under said Resolution No. 14708, City’s Finance Director was authorized to make payments to PCC in the following amounts on the following dates: Date Amount 10/01/21 $ 18,750.00 01/04/22 18,750.00 04/01/22 18,750.00 07/01/22 18,750.00 10/01/22 18,750.00 01/02/23 18,750.00 04/01/23 18,750.00 07/01/23 18,750.00 Total $150,000.00 The components of PCC’s work plan under the Children First Project are as follows: 1. Employ no fewer than three (3) Navigators to provide technical advice and assistance to new childcare centers that are trying to open. 2. Expand PCC’s current childcare referral system to connect parents with existing childcare facilities. 3. Create an awareness campaign to identify potential childcare providers (both home based and center based). 4. Provide mentorship service to new childcare providers going through the childcare licensing process. 5. Expand PCC’s current Children First Child Care Connection referral site (www.childrenfirstco.org) to provide parents with accurate childcare provider information. 6. Create and distribute flyers/yard signs/etc. to increase awareness of the childcare search option through PCC. 7. Work with the Pueblo County Department of Human Services to expand the number of childcare programs that will accept the Department’s childcare assistance funding (CCCAP). 8. Provide Coaches who will work with childcare programs to improve their level of quality and thereby enable families who participate in the CCCAP program to obtain a 25% discount on their portion of the childcare fees. 9. Work with government officials and regulators to identify and address barriers to accessing childcare and opening a new childcare business. 10. PCC’s performance under this Resolution will be measured by the following data-driven criteria: 10.1 Increase the number of available licensed childcare programs from 125 to 140; 10.2 Increase the number of licensed programs who accept CCCAP by IO from the current number of 55. 10.3 Increase the number of families who are connected to childcare and local resources by 500 from the current number of 436. FINANCIAL IMPLICATIONS: No additional ARPA funds are being appropriated under this Ordinance. ARPA funds in the amount $150,000 were appropriated for use by PCC on September 13, 2021, by Resolution No. 14708. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to enter into a Subrecipient Agreement with PCC for the Children First Project. RECOMMENDATION: Approval of the Ordinance Attachments: Proposed Ordinance Proposed Subrecipient Agreement The Subrecipient shall fill out the questionnaire attached as Exhibit D and submit the completed form to City's Finance Office as part of the signed Agreement. 16. ENTIRE AGREEMENT: AMENDMENTS The provisions set forth in this Agreement, and all Exhibits and attachments to 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 both the Subrecipient and City. 17. SIGNATURES The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient 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 Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESS, WHEREOF, the Subrecipient and the City 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 COLORADO MUNICIPAL CORPORATION By City Clerk Nicholas A Gradisar, yor [S E A L] Subrecipient: PUEBLO COMMUNITY COLLEGE ATTEST: By ,IAA/ By 4.c,E.c_ ...4 7� Signat e U ��/Signature 0 Name .1 I t i j i +MP}Af-7 Name ` (‘-krt (,lC..4 . Lr ti a ie.c_. 1 1,D Title e}C,eCI.t 'i UP, A5S;_cf. .1- Titleer-r{- 6 EXHIBIT A SCOPE OF SERVICES Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and the City. A. Performance Monitoring: The City will monitor the performance of the Subrecipient according to the Principal Tasks and Budget set forth herein. Substandard performance shall mean non-compliance with this Agreement. If actions to correct such substandard performance are not taken by the Subrecipient within a reasonable period of time after being so notified by the City, contract suspension or termination procedures may be initiated, in the sole discretion of the City. PCC'S SCOPE OF SERVICES B. Principal Tasks PCC shall be responsible for administering the Project for purposes of fostering childhood health and welfare, including the establishment of new or expanded childcare. PCC will administer all tasks encompassed in the aforesaid Project in compliance with all applicable federal, state and local rules and regulations governing the Project, in a manner satisfactory to the City. The components of the PCC's work plan under this Resolution shall be as follows: 1. Employ no fewer than three (3) Navigators to provide technical advice and assistance to new childcare centers that are trying to open. 2. Expand PCC's current childcare referral system to connect parents with existing childcare facilities. 3. Create an awareness campaign to identify potential childcare providers (both home based and center based). 4, Provide mentorship service to new childcare providers going through the childcare licensing process. 5. Expand PCC's current Children First Child Care Connection referral site (www.childrenfirstco.org) to provide parents with accurate childcare provider information. 6. Create and distribute flyers/yard signs/etc. to increase awareness of the childcare search option through PCC. 7. Work with the Pueblo County Department of Human Services to expand the number of childcare programs that will accept the Department's childcare assistance funding (CCCAP). 8. Provide Coaches who will work with childcare programs to improve their level of quality and thereby enable families who participate in the CCCAP program to obtain a 25% discount on their portion of the childcare fees. 9. Work with government officials and regulators to identify and address barriers to accessing childcare and opening a new childcare business. 10. PCC's performance under this Resolution will be measured by the following data-driven criteria: 10.1 Increase the number of available licensed childcare programs from 125 to 140; 10.2 Increase the number of licensed programs who accept CCCAP by 10 from the current number of 55. 10.3 increase the number of families who are connected to childcare and local resources by 500 from the current number of 436. 8 EXHIBIT B COMPLIANCE PROVISIONS INCORPORATED IN THE SUBRECIPIENT AGREEMENT 1. An accounting system using the accrual basis of generally accepted accounting principles which accurately reflects all costs chargeable (paid and unpaid) to the Project is mandatory. A receipts and disbursements ledger must be maintained. A general ledger with an income and expense account for each budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary. Similarly, cash receipts for the payment of wages is mandatory. Paid invoices revealing check number, date paid and evidence of goods or services received are to be filed per the expense account they were charged. The City must review and approve your account system and internal controls prior to the release of funds. 2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence of a budget amendment. 3. A log listing all long-distance telephone calls must be maintained (showing date, city and agency called, person making call and person called). 4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the Project as determined by the City. All costs must be budgeted items. Request for advance or reimbursements of expenses must be accompanied by: 1. Original invoice marked with funding source 2. Detailed listing of each expense showing: a) recipient b) brief description of purchase c) amount with method of computation detailed Cost Summary must be submitted monthly to reflect entries through the closing date for the books(indicate Closing Date on Cost Summary). 5. Ali employees handling funds are required to be insured by a fidelity bond. 6. The City shall not be obligated to any third party contractors of the Subrecipient.The subrecipient is further cautioned against obligating funds beyond the contract date of the agreement between the City and the Subrecipient. 7. The Subrecipient will furnish the City such statements, records, data and information, and permit such interviews with personnel as the City may request to effectively monitor and evaluate the project. 8. City auditors will periodically make interim audits and may, upon completion of the Project,make a final audit. 9. All records must be retained by the Subrecipient for a period of three years following the last day of the Agreement. (Cost summary reports must reflect actual general ledger balances.) 9 EXHIBIT C CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with: (1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et 51.Q.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et sem.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968,as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Orders 12259,and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L.93-234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they relate to the acceptance and use of federal funds under this federally-assisted program; (13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506(c)and(d)]; (14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349) as amended; particularly section 1424(e)(42 U.S.C. 300(h)-303 (e)); (15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not limited to section 7(16 U.S.C. 1536)thereof; 10 (16) The Reservoir Salvage Act of 1960 916 U.S.C.469 et.seq.); particularly section 3 (16 U.S.C.469a- 1);as amended by the Archeological and Historical Preservation Act of 1974; (17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections 102(a)and 202(a) [42 U.S.C. 4012a(a)and 4106(a)]; (18) Executive order 11990, Protection of Wetlands, May 24, 1977(42 FR 26961 et. Seq.);particularly sections 2 and 5; (19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.); (20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106(16 U.S.C. 470f);and (21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.);particularly section 2(c). (22) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5),the Copeland Act(29 CFR Part 3),and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provision of the HUD 4010 and the Davis-Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (23) No ARPA funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed(24 CFR Part 87). (a) No federally appropriated funds have been or will be paid, by or on behalf of subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (24) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA). 11 COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes No . (If you answered "no" please proceed to signature section at bottom of this page.) (b) If you answered"yes"to (a)above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? For purposes of responding to this question, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half-siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Yes , No If you answered"yes"please state which of the above entities best describes your business: (c) If you answered "yes"to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Please provide the name,address and social security number of each such PERA Retiree. If more than two,please attach a supplemental list. Name Address Social Security Number Name Address Social Security Number Failure to accurately complete,sign and return this document to the City of Pueblo may result in you being denied the privilege of doing business with the City of Pueblo. I. / Company Name: L'.r % Z'-/-r..,v.,.T„ �'r�1/ Authorized Signature: c /c Title: I .•(ti r7 vi 114; Printed Name: - `�-_,�: - '..- r_4r Date: t a�r f f � r Rev. Nov 2016 AMENDMENT TO SUBRECIPIENT AGREEMENT THIS AMENDMENT TO SUBRECIPIENT AGREEMENT ("Amendment") is entered into this a9 day of July, 2022 between the City of Pueblo, a Colorado municipal corporation (hereinafter referred to as the "City") and Pueblo Community College, a Colorado Community College, hereinafter referred to as the "Subrecipient." City and Subrecipient are sometimes each referred to as a "Party" and collectively "Parties." WITNESSETH: WHEREAS, City and Subrecipient entered into that certain Subrecipient Agreement ("Agreement") dated November 17, 2021 which was approved by City Council on November 22, 2021 by Ordinance No. 10045. WHEREAS, Subrecipient desires to adjust its budget as it pertains to opening a toddler classroom and the City agrees to the requested change. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Subrecipient agree as follows: 1. Contract Amendment. Section B, Principal Tasks, of Exhibit A, Scope of Services, shall be and hereby is amended by the addition of a new Subsection 11, to read as follows: 11. Install bathroom fixtures, flooring and wall coverings for purposes of opening a toddler classroom. 2. Ratification of Prior Agreement. The original Subrecipient Agreement entered into by the Parties on or about November 17, 2021, is incorporated herein by this reference, is hereby ratified and shall remain in full force and effect, except as amended by this Amendment. 3. Authority of Mayor. The Mayor executes this Amendment pursuant to authority granted him by P.M.C. 1-5-2 (2)(f). Executed at Pueblo, Colorado, the day and year first above written. ATTEST: CITY OF PUEBLO A COLORADO MUNICIPAL CORPORATION 1 c5c-CL/ By et City CI t Nicholas A Gradisar, ayor [S E A L] Subrecipient: PUEBLO COMMUNITY COLLEGE ATTEST: By By G _ PhD Signature Signature Name Name: Patricia A. Erjavec, Ph.D. Title Title: President 2