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HomeMy WebLinkAbout10470 City Clerk's Office Item # R3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT AND RELATED FACILITY USE AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE BOYS AND GIRLS CLUB OF PUEBLO COUNTY, 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 ONE HUNDRED AND FIFTY- THREE THOUSAND ONE HUNDRED SEVENTY EIGHT DOLLARS ($153,178) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF SUMMARY: This Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement and related Facility Use Agreement with the Boys and Girls Clubs of Pueblo County, a Colorado nonprofit corporation (“Boys and Girls Club”), as authorized by Section 603 of the American Rescue Plan Act and U.S. Treasury Final Rule 31 CFR 35.6. Funds for the project, in the amount of $153,178 will be paid out of Project No. CI2113, the American Rescue Plan Act. 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: During a ten-week period during the months of June, July and August of 2023, Boys and Girls Club shall operate on Fridays and Saturdays (1PM-11:30 PM) a Teen Nights program at the El Centro del Quinto Sol facility. Project funds shall be applied to cover operational costs of Boys and Girls Club including on-site staff, security, transportation, partner programming, certifications, field trips, training, nightly/daily cleaning and administration costs. The Teen Nights program will engage young people in intentional, productive, and constructive ways while recognizing and enhancing their strengths and promote positive outcomes by providing opportunities, fostering positive relationships, and giving the support that is needed to develop young people’s assets and prevent risky behaviors. FINANCIAL IMPLICATIONS: The Boys and Girls Club will receive $153,178 in ARPA funds from Project No.CI2113. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to support the Boys and Girls Club. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. El Centro Facility Use Agreement with Boys and Girls Clubs 2. Subrecipient Agreement between City and BG Club (Teen Nights) Final ORDINANCE NO. 10470 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT AND RELATED FACILITY USE AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE BOYS AND GIRLS CLUB OF PUEBLO COUNTY, 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 ONE HUNDRED AND FIFTY- THREE THOUSAND ONE HUNDRED SEVENTY EIGHT DOLLARS ($153,178) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF 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, 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Subrecipient Agreement and related Facility Use Agreement (“Agreements”) each dated May 22, 2023, between and the City of Pueblo, a Colorado municipal corporation and the Boys and Girls Clubs of Pueblo County, a Colorado nonprofit corporation, copies of which is attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreements 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 the amount of $153,178 are hereby authorized to be paid from Project No. CI2113 – American Rescue Plan Act, subject to and conditioned upon the terms of the Agreement. SECTION 4. 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 5. 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 May 22, 2023. Final adoption of Ordinance by City Council on June 12, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 14, 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