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HomeMy WebLinkAbout10449ORDINANCE NO. 10449 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO CRIME STOPPERS, INC., 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 AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES OF MATCHING THE PAYMENT OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) GRANT OF BLACK HILLS ENERGY, A DELAWARE CORPORATION, TO THE “LIGHTS ON FOR SAFETY" PROJECT FOR LOCAL SMALL BUSINESSES 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, 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 until December 31, 2024 (to be expended by December 31, 2026); and WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April 1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery Funds (“CLFRF”) to respond to the COVID-19 public health emergency and the negative economic consequences resulting therefrom; and WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR 35.6(b)(7) recipients may use 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, Crime Stoppers has requested funds for improving the safety and security, under the “Lights on for Safety” Project, of local small businesses located in Qualified Census Tracts in the City which were thereby disproportionately impacted by the COVID-19 pandemic. The City has agreed to provide the funds to assist in the improving of the safety and security of local small businesses located in Qualified Census Tracts in the City; and WHEREAS, Subrecipient has demonstrated to the satisfaction of the Council that the safety and security of the local small businesses located in Qualified Census Tracts in the City has been impacted greatly by the ongoing Covid-19 pandemic; and WHEREAS, the City finds and determines that it is in the best interests of its citizens to provide the funds needed through this Subrecipient Agreement with Crime Stoppers to increase the safety and security of the citizens residing in Qualified Census Tracts in the City and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Subrecipient Agreement (“Agreement”) dated May 8, 2023, between the City of Pueblo, a Colorado municipal corporation and Pueblo Crime Stoppers, Inc., a Colorado nonprofit corporation, 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 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. Funds in an amount not to exceed Two Hundred Thousand Dollars ($200,000) are hereby authorized to be paid from Project CI2113 American Rescue Plan Act (“ARPA”) to Pueblo Crime Stoppers, Inc. under the “Lights on for Safety” Project, for local small businesses located in Qualified Census Tracts in the City which were thereby disproportionately impacted by the COVID-19 pandemic. SECTION 4. The restrictions set forth in the attached Subrecipient Agreement apply only to the ARPA funds transferred to Crime Stoppers in an amount not to exceed $200,000.00 and are not applicable to the funds given to Crime Stoppers by Black Hills Energy or any other donor. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described herein. 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 April 24, 2023. Final adoption of Ordinance by City Council on May 8, 2023. President of City Council Action by the Mayor: ☒ Approved on May 09, 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 City Clerk City Clerk's Office Item # R2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 8, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Laura Solano, Chief of Staff SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO CRIME STOPPERS, INC., 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 AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES OF MATCHING THE PAYMENT OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) GRANT OF BLACK HILLS ENERGY, A DELAWARE CORPORATION, TO THE “LIGHTS ON FOR SAFETY" PROJECT FOR LOCAL SMALL BUSINESSES SUMMARY: This Ordinance authorizes payment of an amount not to exceed the amount of $200,000 from Project CI2113 American Rescue Plan Act (“ARPA”) to Pueblo Crime Stoppers, Inc. (“Crime Stoppers”) under the “Lights on for Safety” Project, for local small businesses located in Qualified Census Tracts in the City which were thereby disproportionately impacted by the COVID-19 pandemic. These payments are authorized by section 603 of the American Rescue Plan Act and U.S. Treasury 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 the American Recovery Plan Act (“ARPA”) for covered costs and eligible expenses to be incurred during the period which began on March 3, 2021 until December 31, 2024 (to be expended by December 31, 2026). BACKGROUND: Under ARPA Section 603 (c)(1)(A) and (3) and U.S. Treasury Final Rule 31 CFR 35.6(b)(7) recipients may use Coronavirus State & Local Fiscal Recovery Funds (“CSLFRF”) to award grants to small businesses, nonprofit organizations, and community groups that are responding to the negative economic impacts of the COVID- 19 public health emergency. Crime Stoppers has requested funds for improving the safety and security, under the “Lights on for Safety” Project, of local small businesses located in Qualified Census Tracts in the City which were thereby disproportionately impacted by the COVID-19 pandemic. The City has agreed to provide the funds to assist in the improving of the safety and security of local small businesses located in Qualified Census Tracts in the City. Crime Stoppers shall administer the “Lights on for Safety” Project subject to the following requirements and restrictions: 1. The “Lights on for Safety” process will begin with an initial FREE energy audit and lighting assessment conducted by a trained energy advisor from Franklin Energy. 2. The Pueblo Police Department will also conduct a FREE crime prevention through environmental design assessment to help advise the small businesses on changes/updates to defer crime on their property. 3. The audits will provide solutions that will increase customer safety and help save energy by providing interior/exterior lighting and cameras. 4. Small businesses may apply to Crime Stoppers for assistance and will be eligible on a “first come first served” basis. 5. Small business eligibility for the ARPA funds transferred to Crime Stoppers in an amount not to exceed $200,000 is limited as follows: a. Must have a physical location in a Qualified Census Tract of the City of Pueblo. b. Small business physical building size of 50,000 square feet or less. c. Must have a current City of Pueblo business license and be licensed for at least three months. d. The following business categories are not eligible: home and vehicle based businesses; marijuana (medical and recreational); businesses; “adult entertainment” (as defined in PMC 17-11-3) businesses; businesses engaged in illegal activities and businesses primarily engaged in political or lobbying activities. e. After a qualifying small business is selected, Crime Stoppers will assign a contractor that has been retained to do the work. No cash will be distributed to individual businesses. 6. The restrictions set forth above and in the attached Ordinance and Subrecipient Agreement apply only to the ARPA funds transferred to Crime Stoppers in an amount not to exceed $200,000 and are not applicable to the funds given to Crime Stoppers by Black Hills Energy or any other donor. 7. ARPA grant funds are to be used only for equipment and installation and contractors providing such services shall be paid directly by Crime Stoppers. 8. Crime Stoppers’ $10,000 fee for administrative services will be paid by Black Hills Energy. FINANCIAL IMPLICATIONS: Funding will be paid out of Project CI2113 – American Rescue Plan BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to authorize payment of ARPA funds to Crime Stoppers. RECOMMENDATION: Approval of this Ordinance. ATTACHMENTS: 1. Subrecipient Agreement between the City and Crime Stoppers