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Home My WebLink About10402ORDINANCE NO. 10402 AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. 3 TO THE SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE CRAZY FAITH STREET MINISTRY, A COLORADO NONPROFIT CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF AN ADDITIONAL FIFTY THOUSAND FOUR HUN DRED DOLLARS ($50,400) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 3 to the Subrecipient Agreement (“Amendment No. 3”) dated February 27, 2023, nunc pro tunc February 1, 2023, between and the City of Pueblo, a Colorado municipal corporation and the Crazy Faith Street Ministry, a Colorado nonprofit corporation (“CFSM”) 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 said Amendment No. 3 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. Additional funds in the amount of $50,400 are hereby authorized to be paid from Project No. CI2113 – American Rescue Plan Act, for the purpose of CFSM’s operation of a temporary homeless shelter when temporary housing and shelter emergencies are declared by the Mayor, as described in the attached Amendment No. 3. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Amendment No. 3 to implement the policies and procedures described herein. SECTION 5. Savings Clause: Recently, extreme cold temperatures have posed significant dangers to the health of the City’s homeless persons and appropriate warming shelters are necessary to protect the health of the homeless against freezing temperatures when they are outdoors at night. 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 nunc pro tunc February 1, 2023. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 27, 2023. Final adoption of Ordinance by City Council on February 27, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 28, 2023 . □ 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 Deputy City Clerk City Clerk's Office Item # S2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 27, 2023 TO: President Heather Graham 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 AMENDMENT NO. 3 TO THE SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE CRAZY FAITH STREET MINISTRY, A COLORADO NONPROFIT CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF AN ADDITIONAL FIFTY THOUSAND FOUR HUN DRED DOLLARS ($50,400) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF SUMMARY: This Ordinance approves and authorizes the Mayor to sign an Amendment No. 3 to the Subrecipient Agreement with the Crazy Faith Street Ministry, a Colorado nonprofit corporation (“CFSM”) for the purpose of CFSM’s operation of a temporary homeless shelter when temporary housing and shelter emergencies are declared by the Mayor (hereinafter “Project”) as authorized by Section 603 of the American Rescue Plan Act and U.S. Treasury Final Rule 31 CFR 35.6. Additional Funds for the Project, in the amount of $50,400 will be paid out of Project No. CI2113, the American Rescue Plan Act. PREVIOUS COUNCIL ACTION: On November 22, 2021, City Council adopted Ordinance No. 10058, which authorized the Mayor, when temperatures reach dangerous levels, to declare temporary housing and shelter emergencies for the City’s homeless residents. Said Ordinance also allows buildings utilized by the City’s churches, synagogues, mosques, temples and other religious institutions to be used as temporary warming shelters for the City’s homeless population during such temporary emergencies. The City’s Zoning and Building Code ordinances and regulations in conflict with such use will be temporarily suspended during such temporary emergencies. The City and CSFM entered into a Subrecipient Agreement dated October 24, 2022, which was approved by City Council on October 24, 2022 by Ordinance No. 10305. On November 14, 2022 nunc pro tunc November 1, 2022, by an emergency Ordinance No. 10326, City Council enlarged the timeframe within which the Mayor may declare stst temporary housing and shelter emergencies from December 1 to November 1 of each year. The CSFM Subrecipient Agreement was subsequently amended (“Amendment No. 1”) to provide: (1) that CSFM would be entitled to reimbursement of shelter expenses, at the rate of $2,400 per night, from November 1, 2022 until March 31, 2023, for those dates on which the Mayor declares temporary housing and shelter emergencies; and (2) that CSFM would be required to use only one (1) professionally trained security officer to provide security when the overnight shelter is in operation. On December 27, 2022, by emergency Ordinance No. 10364, the Subrecipient Agreement was amended (“Amendment No. 2”) to authorize the payment of an additional $50,400 in ARPA funds to CSFM thereby enlarging the number of eligible “overnights” from 20 to 41. BACKGROUND: Recently, extreme cold temperatures have posed significant dangers to the health of the City’s homeless persons and appropriate warming shelters are necessary to protect the health of the homeless against freezing temperatures when they are outdoors at night. CFSM has requested and the City has agreed to make an additional $51,400 in ARPA funds available to CSFM to enlarge the number of “overnights” eligible for reimbursement from 41 to 62, if necessary. FINANCIAL IMPLICATIONS: The attached Ordinance appropriates an additional $50,400 to the CFSM Project which will be paid out of Project No. CI2113, the American Rescue Plan Act. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to provide additional funding to the CFSM Warming Shelter Project. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. ARPA 14 - Crazy Faith - Amend No.3 to Sub Agreet - City_02.22.23 AMENDMENT NO. 3 TO SUBRECIPIENT AGREEMENT THIS AMENDMENT NO. 3 TO SUBRECIPIENT AGREEMENT ("Amendment No. 3") is entered into this 27th day of February, 2023, nunc pro tunc February 1, 2023, between the City of Pueblo, a Colorado municipal corporation (hereinafter referred to as the "City") and Crazy Faith Street Ministry, a Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient" or"CFSM." City and Subrecipient/CFSM are sometimes each referred to as a "Party" and collectively "Parties." WHEREAS, City and Subrecipient entered into that certain Subrecipient Agreement ("Agreement") dated October 24, 2022, which was approved by City Council on October 24, 2022 by Ordinance No. 10305; and WHEREAS, on November 14, 2022 nunc pro tunc November 1, 2022, by emergency Ordinance No. 10326, City Council enlarged the timeframe within which the Mayor may declare temporary housing and shelter emergencies from December 1st to November 1st of each year; and WHEREAS, the Subrecipient Agreement was subsequently amended ("Amendment No. 1") to provide: (1) that Subrecipient would be entitled to reimbursement of shelter expenses, at the rate of $2,400 per night, from November 1, 2022 until March 31, 2023, for those dates on which the Mayor declares temporary housing and shelter emergencies; and (2) that Subrecipient would be required to use only one (1) professionally trained security officer to provide security when the overnight shelter is in operation; and WHEREAS, on December 27, 2022, by emergency Ordinance No. 10364, the Subrecipient Agreement was amended ("Amendment No. 2") to authorize the payment of an additional $50,400 in ARPA funds to CSFM thereby enlarging the number of eligible "overnights" from 20 to 41; and WHEREAS, recently, extreme cold temperatures pose significant dangers to the health of the City's homeless persons and appropriate warming shelters are necessary to protect the health of the homeless against freezing temperatures when they are outdoors at night; and WHEREAS, CFSM has requested and the City has decided to make an additional $51,400 in ARPA funds available to CSFM to enlarge the number of "overnights" eligible for reimbursement from 41 to 62, if necessary. 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. Amendment. Section 4 c of the Subrecipient Agreement shall be and hereby is amended to read as follows: 1 One Hundred Fifty-One Thousand Dollars (U.S. $151,000). $2,200 of grant funds shall be available to be distributed in a lump sum on November 1, 2022 for the purchase of mats, blankets, sleeping bags and COVID-19 PPE, water and other drinks and supplies. Subrecipient must provide the City with receipts itemizing how the $2,200 in grant funds were spent. Thereafter, Subrecipient shall provide the City with pay applications and draw packages generally corresponding to the following amounts: Item Amount Reimbursement of shelter expenses up to 62 Up to $148,800.00 nights a(�. $2,400.00 2. Ratification of Prior Agreement. The original Subrecipient Agreement entered into by the Parties on or about October 24, 2022 is incorporated herein by this reference, is hereby ratified and shall remain in full force and effect, except as amended by Amendment No. 1, Amendment No. 2 and this Amendment No. 3. Executed at Pueblo, Colorado, the day and year first above written. ATTEST: CITY OF PUEBLO A COLORADO MUNICIPAL CORPORATION Byeowea4ereagafeal Ci Clerk--- 2 -1)eX A. Grade , Mayor Subrecipient: CRAZY FAITH STREET MINISTRY A COLORADO NONPROFIT CORPORATION 13% 0IYVY1 nature Name�QrY1te-Lvi K YI Title I ,(,r.P. ,rc--- 2