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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