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