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HomeMy WebLinkAbout11146Docusign Envelope ID: A11A45E4-1 F78-4C18-A6CA-E109149F1537 ORDINANCE NO. 11146 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO, COLORADO, FOR THE COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES AND PROVIDING FOR THE EXECUTION THEREOF, AND RESCINDING RESOLUTION 9903 WHEREAS, both City and County provide significant funding to local non-profit community service organizations serving the needs of local residents; and WHEREAS, City and County each have staff employees providing essentially the same functions with respect to the funding, contracting and compliance monitoring of such organizations; and WHEREAS, it is in the best interests of the City and County to consolidate and cooperate in relation to the funding, contracting and compliance monitoring of local non-profit community service organizations through CSAC; WHEREAS, The County has provided oversight of CSAC in the past; WHEREAS, the City and County desire to shift oversight of CSAC to the City; and WHEREAS, the parties to this Agreement desire to enter into a written agreement which sets forth their arrangement for consolidation of activities and cooperation with respect to funding, contracting and compliance monitoring of such organizations; and WHEREAS, each party hereto has the authority, capacity and ability to undertake the functions and activities which comprise the subject matter of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement for Community Services Planning, Administration, and Accountability Services between the City of Pueblo, a Colorado municipal corporation and the County of Pueblo (the "Agreement"), a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. Except to the extent budgeted and appropriated, no funds of the City may be used for any purpose under the Agreement unless duly authorized by the City Council. SECTION 2. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Agreement and Documents by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. Docusign Envelope ID: A11A45E4-1 F78-4C18-A6CA-E109149F1537 SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. Resolution 9903 is hereby rescinded in its entirety. 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 March 23, 2026. Final adoption of Ordinance by City Council on April 13, 2026. r DocuSigned by: au(f President of city ouncil Action by the Mayor: Approved on 04/15/2026 ❑ Disapproved on based on the following objections: Mayor Docusign Envelope ID: A11A45E4-1 F78-4C18-A6CA-E109149F1537 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 DocuSigned by: City Clerk Docusign Envelope ID: A11A45E4-1 F78-4C18-A6CA-E109149F1537 City Clerk's Office Item # S7 COUNCIL MEETING DATE: April 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Melissa Cook, Director Department of Housing & Citizen Services SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO, COLORADO, FOR THE COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES AND PROVIDING FOR THE EXECUTION THEREOF, AND RESCINDING RESOLUTION 9903 SUMMARY: On July 14, 2003, the City of Pueblo entered into an agreement with Pueblo County to create and administer the Community Services Advisory Commission (CSAC). This agreement has been extended since, without revision. This agreement needed updates, and most notably, shifts administrative responsibility from the County to the City, with a payment from the County to the City of allocated CSAC funding. PREVIOUS COUNCIL ACTION: The City Council has approved the extension of the previous Agreement every year since 2003. BACKGROUND: Prior to 2003, the City and County of Pueblo operated separate processes for local non -profits seeking general revenue funds. In 2003, the two entities entered into an agreement to streamline the process and establish the Community Services Advisory Commission (CSAC). Under this agreement, the City of Pueblo administers the funding process. The agreement is structured as a one-year term and has been renewed annually since its inception. Throughout 2025, three work sessions were held to discuss non -departmental funding, including two joint sessions between the Board of County Commissioners and City Council. During these discussions, both bodies expressed interest in establishing clearer limitations and priorities for funding. As a result, several guiding priorities were developed, including giving preference to first-time applicants, organizations that did not Docusign Envelope ID: A11A45E4-1 F78-4C18-A6CA-E109149F1537 receive funding in the prior year, and applicants seeking non -operational funding. These priorities are not intended to exclude organizations that fall outside these categories. Rather, they are designed to encourage broader participation, diversify the distribution of assistance, and reduce long-term reliance on the program. FINANCIAL IMPLICATIONS: During the 2026 budget process, City Council approved a total funding level of $550,000 for this initiative. Based on information provided by the County Commissioners, Pueblo County will contribute $490,000 toward the program. Of the County's contribution, $30,000 will be transferred to the City of Pueblo to support administration of the commission, including funding a part-time position to assist with program oversight. BOARD/COMMISSION RECOMMENDATION: The Community Services Advisory Commission has made funding recommendations to both the City and the County for delivery of service. STAKEHOLDER PROCESS: There are no required or recommended stakeholder processes attached to this action. ALTERNATIVES: The City or the County could choose to return to the processes in place prior to 2003. If this ordinance is not approved, CSAC will cease to exist. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Resolution 09903 2. CSAG Agreement AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES THIS AGREEMENT ("Agreement") is made and entered into the last date written below by and between the City of Pueblo, a Municipal Corporation (hereinafter "City") and the Board of County Commissioners of the County of Pueblo (hereinafter "County"). WHEREAS, both City and County provide significant funding to local non-profit community service organizations serving the needs of local residents; and WHEREAS, City and County each have staff employees providing essentially the same functions with respect to the funding, contracting and compliance monitoring of such organizations; and WHEREAS, it is in the best interests of the City and. County to consolidate and cooperate in relation to the funding, contracting and compliance monitoring of local nonprofit community service organizations through CSAC; WHEREAS, The County has provided oversight of CSAC in the past; WHEREAS, the City and County desire to shift oversight of CSAC to the City; and WHEREAS, the parties to this Agreement desire to enter into a written agreement which sets forth their arrangement for consolidation of activities and cooperation with respect to funding, contracting and compliance monitoring of such organizations; and WHEREAS, each party hereto has the authority, capacity and ability to undertake the functions and activities which comprise the subject matter of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. Definitions. As used herein, the following terms shall have the meaning set forth below: "Board of shall mean the Board of County Commissioners of Pueblo County; "City Department" shall mean the Department of Housing and Citizen Services of the City of Pueblo; "City Director" shall mean the Director of the City Department or Director's designee; "Community Services" means the provision of materials, services or facilities to serve otherwise unmet needs of residents of City or County in any of the following, areas: elderly assistance; childcare; assistance for the disabled; suicide prevention; youth services; homeless services; nutrition; health care; recreation; historic preservation; family planning; cultural programs; economic development; and environmental programs; "Community Services Advisory Commission" or "Commission" shall mean the advisory board created under this Agreement; "Council" shall mean the City Council of City; "County Department" shall mean the Pueblo County Budget and Finance Department; "County Director" shall mean the Director of the County Department; "General Funds" shall mean any funds of either City or County which are not attributable to a federal or state grant, loan or contract or to a gift or bequest; "Service Agency" shall mean a nonprofit organization qualified as an Internal Revenue Code 501(c)(3) organization which performs one or more of the Community Services as defined in this Agreement. 2. Establishment of Community Services Advisory Commission. (a) There is hereby established an advisory commission to be known as the Community Services Advisory Commission. The Commission shall be comprised of two non -voting members in accordance with section 2(c) of this Agreement and fifteen (15) voting members appointed in accordance with section 2(b) of this Agreement. (b) One voting member shall be the person holding the position of Director of United Way of Pueblo County, Colorado, Inc., a Colorado Nonprofit Corporation ("United Way"). The Board and Council shall each appoint three of its members to a committee (the "Selection Committee") which shall, consistent with the requirements of this paragraph, make recommendations to the Board and full Council regarding the appointment of the remaining fourteen (14) voting members of the Commission. The remaining fourteen (14) voting members, not less than seven (7) of which shall be residents of the City, shall thereafter be appointed jointly by the Board and the Council after consideration of the recommendations of the Selection Committee. A reasonable effort shall be made by the Selection Committee to recommend, and the Board and Council to appoint, as the remaining voting members to the Commission, persons who are knowledgeable in or broadly representative of interests in the following areas: senior services, early childhood development, disabled persons, health care, mental health, youth services and activities, arts and culture, recreation, economic development, private foundations, faith -based organizations, and education. No voting member shall be affiliated with a Service Agency receiving or applying for General Funds as an employee, officer, director or board member of the Service Agency, nor shall any voting member be an employee of either the City or County or any affiliated entity. In the case of the initial appointments, three (3) members shall serve a term of one (1) year, four (4) members shall serve a term of two (2) years, four (4) members shall serve a term of three (3) years, and three (3) members shall serve a term of four (4) years. All succeeding appointments shall be for four (4) years, except that in the case of any appointment to fill a vacancy occurring during an unexpired term of a member, the appointment shall only be for the remainder of the unexpired term. (c) The City Director and County Director (or their designee) shall serve as non -voting ex officio members of the Commission, (d) Members of the Commission shall select a chair from among its members and may fill such other offices as it may deem necessary. (e) Members of the Commission shall serve without compensation.. 3. Functions and Responsibilities of the Commission. The functions of the Commission shall be to: provide for a public process for receipt and evaluation of proposals from Service Agencies which desire to provide Community Services using General Funds provided by either City or County and other allocated funds which may be provided by the City or the County (hereinafter "Proposals"); review, analyze, and comment upon the Proposals; and make recommendations to the Board of County Commissioners and City Council regarding such Proposals, taking into account assessment of needs in the Community, the amount or amounts of anticipated and actual General Funds and other allocated County funds, and direction provided from time to time by the Board and Council, 4. Powers and Duties of the Commission. The powers and duties of the Commission shall be as follows: (a) To cooperate with Service Agencies, City Director, County Director and the staff of City Department and County Department in effectuating the intent and purpose of this Agreement; and (b) To coordinate with United Way to assure that funding provided by City and County is designed to best serve the needs of City and County residents; (c) To receive, evaluate and make advisory recommendations upon, proposals for allocated funding of Community Services frorn General Funds anticipated to be available from City and County and other allocated County funds anticipated to be available from County; (d) To meet as necessary and to hold informal hearings on proposals for funding of Community Services in order to obtain relevant and necessary information with which to make fiscal funding recommendations to be provided to elected officials; and (e) To choose its own officers and to create such subcommittees as, in its judgment, will aid in effectuating its other purposes; and (t) To make reports to Council and the Board as requested by Council or Board; and (g) To adopt bylaws and rules as necessary to effectuate the intent of and policy statements set forth in this Agreement; provided, however, that such bylaws and rules shall not become effective unless and until approved by both Board and Council; and (h) To provide monitoring oversight, through on -site visits and other means, on the use of General Funds and other allocated County funds by Service Agencies to assure that funds are properly managed and expended in accordance with contracts between the Service Agencies and Board or Council. 5. Policy Guidance for Commission. The following policy statements are hereby adopted by Board and Council for the guidance of the Commission, City Department and County Department: (a) City and County are committed to working together with a collaborative process for planning, contracting and compliance monitoring with respect to funding of Service Agencies. \ (b) in general, funding recommendations should attempt to reasonably allocate available funding based upon the criteria and guidelines set forth in Exhibit A of this agreement. The commission may develop criteria in order to serve the most important otherwise unmet Community Services needs of the Community, so long as it is consistent with Exhibit A; and to the extent consistent with the foregoing, giving priority within any particular category of Community Services to those proposals reaching or serving the greatest number of persons having need within the category. (c) Board and Council each specifically reaffirm that this Agreement is not intended to, nor does it, delegate any legislative or budget authority vested in or reserved to Board or Council. Board and Council shall each retain their respective independent authority to accept or reject any recommendation of the Commission, to establish in its own budget process the overall level of funding from General Funds and other allocated County funds for Community Services, and to determine both the selections of recipients and amounts of such funding for such Service Agencies, if any. (d) Notwithstanding the foregoing, Board and Council shall jointly meet at least once each year prior to .luly I during the term of this Agt ernent for the purpose of deter mining the funding level for the following year. (e) Faith -based organizations shall be permitted to participate in the funding process provided that General Funds and other allocated County funds are not used to directly fund religious activities or functions. 6. Responsibilities of City Department of Housing and Citizen Services. The City Department shall have the responsibilities, and provide the specific functions and services, set forth below: (a) The City Director (or his/her designee) will act as the lead administrator for all activities contemplated by this Agreement, and shall directly supervise the staff of the City Department. (b) The City Director and staff of City Department will consult and collaborate with the County Director and such. County staff as may be designated by the County Manager. (c) Under the supervision of the City Director, the City Department shall: (i) Serve as staff to the Commission, including preparation of meeting agendas and mailings and attendance at meetings; draft reports, budgets and correspondence; and perform all other actions necessary or desirable for the Commission to serve its intended functions. (ii) Participate in meetings with community groups and organizations that are involved in assessing Community Services needs in the community. (iii) Prepare and cause to be published or distributed Requests for Proposals including applications in consultation with the CountyDirector, Commission and United Way. (iv) Receive, review and critique Proposals submitted by Service Agencies. (v) Prepare charts, spreadsheets and other comparative materials and media for evaluation of Proposals for funding. (vi) Prepare contracts for execution by City or County and Service Agencies, using forms approved by the respective local government. (vii) ?erfonn periodic contract monitoring of each Service Agency receiving funding with General Funds from City or County, including both financial and performance reviews. Generally, monitoring shall include desk audits of quarterly financial and programmatic reports provided by Service Agencies, on -site visits to the Service Agencies' facilities on a risk -based frequency, phone reviews as necessary, and development of corrective action plans, notices of default and other actions to obtain full contract compliance by Service Agencies. (viii) Process Service Agency requests for payment and communicate regularly with the City's Department of Finance and County's Budget Office with respect to periodic disbursements to Service Agencies. (ix) Prepare and provide to the Commission, Board and. Council, quarterly reports on its activities and the Service Agencies receiving General Funds. (x) Provide planning and technical assistance to Service Agencies which may include: assistance with applications for funding, assistance with adopting and implementing necessary accounting policies and procedures; troubleshooting fiscal or programmatic issues; assistance in locating additional funding; and sponsorship of community workshops and training relating to the subject matter of this Agreement. (xi) Perform all necessary or desirable accounting, data entry, word processing and clerical activities necessary to effectuate the foregoing functions. 7. Payments by County to City. In order to partially defray City's costs and expenses in performing services under this Agreement which in part relate to County's funding of Service Agencies, while reducing County's costs and expenses through the avoidance of duplication of services, County agrees to pay to City compensation ("Compensation") in the amount of $30,000 for each year of the term of this Agreement for services provided and expenses incurred hereunder. Payment of Compensation hereunder shall be in quarterlyinstaliments, each equal to 1/4 of the total annual Compensation. 8. Term of Agreement. Subject to annual appropriation for years after 2026, the initial term of this Agreement shall be from January 1, 2026 to December 31, 2026, unless sooner terminated as provided herein. By mutual agreement of the parties in writing, this Agreement maybe extended for successive additional one (1) year terms. 9. Termination of Agreement. (a) This Agreement may be terminated by either party for cause, including any nonperformance by the City or non --payment by the County, upon ten (10) days written notice to the other party including a statement of the reasons therefor. (b) W,r, This Agreement may be terminated by either party without cause upon ten (10) days written notice to the other party. (c) It ' l In the event of termination, City shall turn over all materials and contracts involving County funding to County Director, cease further work and the City shall be entitled to receive just and equitable compensation for satisfactory work performed through the date of termination for which compensation has not previously been paid. In no event shall the amount of payment in the event of termination, when added to payments already made by County during any term, result in exceedance ofthe amount provided in Section 7 of this Agreement. 10. Assignability. This Agreement shall not be assigned or transferred by either party without the prior written consent of the other party. Any assignment or attempted assignment made in violation of this provision shall, at the non -assigning party's election, be deemed void and of no effect whatsoever. 11. Conflict of Interest. Each party certifies that neither it nor any members of its Board of County or Council of City, or their respective officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Each party shall avoid all conflicts of interest which are prohibited by applicable law and regulations. 12. City Recordkeeping. City shall maintain records as to work performed, services provided, and reimbursable expenses (if any) incurred in performing the functions to be performed by City Department hereunder, including the Scope of Services. City shall also keep and maintain accounting records in accordance with accounting standards for governmental entities. County shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records, including accounting records of the City, which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the term of this Agreement, the County may require that a copy of all of City's financial and other records relating to this Agreement be turned over to County. 13. Inquiry by County. Notwithstanding anything in this Agreement, at the request of Council,, or for any other reason, County Department shall have the right, but not the duty, to make separate inquiry of, and perform whatever additional monitoring or inquiry may, in its opinion, be necessary with respect to, any contract for Community Services or Service Agency receiving or which has received funding from County. 14. County Oversight. The County shall have the right to monitor and evaluate the progress and performance of the City Department to assure that the terms of this Agreement are being satisfitctorily fulfilled. The County Department may review the City's performance using on - site visits, progress reports required to be submitted by the City, audit findings, disbursement transactions and contact with the City as necessary. If requested, the Cityshall furnish to the County quarterly program and financial reports of its activities in such form and manner as may be requested by the County. City and City Department shall fully cooperate with County relating to such monitoring and evaluation. 15. Liability; Insurance. As to the County. City agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by City or by the conditions created thereby; provided, however, that nothing in this paragraph is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10- 10 1, City shall provide and maintain Workers' Compensation insurance coverage or self insurance on its employees complying with the requirements of state Jaw. 16. Equal Employment Opportunity. In connection with the performance of this Agreement, City shall not discriminate against arty employee orapplicant for employment because of race, color, religion, sex, national origin, disability or age. City shall endeavor to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, national origin, disability or age. 17. Entire Agreement; Amendments. The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, if any, constitute the entire and complete agreement of the parties hereto and supersede all prior proposals, written and oral agreements, if any, understandings or representations related thereto No amendrmient or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the County and City.. 18 Signatures. The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute and deliver this Agreement and that. this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. CITY OF PUEBLO, COLORADO By: I Ieath Graham, Mayor Address: I City Hall Place, .. „ Pueblo, Colorado81003 Date: ...,: IiJa Cl c Bishop, City Ckrk �.��. COUNTY OF PUEBLO, COLORADO I3 w Chair, Board of County Commissioners Address: 215 W. loth Street Pueblo, Correa lwfit Date: Attest: Ca de Rivera, County Clerk and Recorder C ice EXHIBIT "A" TO AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES The Board of Pueblo County Commissioners and the Pueblo City Council agree that funding recommendations shall be made in accordance with the following base criteria; In general, funding recommendations should reasonably allocate available resources based on these criteria. The Commission may establish additional criteria to address significant, otherwise unmet Community Services needs, provided such criteria remain consistent with the standards outlined below. Within each category of Community Services, priority shall be given to proposals that reach or serve the greatest number of individuals in need. 1. Funding Priorities: Elderly assistance; childcare; assistance for the disabled; suicide prevention; youth services; homeless services; nutrition; health care; recreation; historic preservation; family planning; cultural programs; economic development; and environmental programs.' 2. Eligible Applicants: a. Applicant must be based in Pueblo, or clearly demonstrate the funding is serving Pueblo citizens. b. Applicant must be a tax-exempt organization. c. Faith -based organizations shall be permitted to participate in the funding process provided that General Funds and other allocated County funds are not used to directly ., � ^ i 3 fund re a �iouti activities or functions. a. Priority should be given to applicants that did not receive funding the prior year. b. Priority should be given to first-time applicants. c. Priority should be given to programmatic applications over applications seeking general operating funding. d. Priority should be given to applicants providing low to moderate income childcare services.