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HomeMy WebLinkAbout2022 Ordinance No. 0371 BY AUTHORITY ORDINANCE NO. 37 COUNCIL BILL NO. 42 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING A GRANT AGREEMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR GRANT FUNDS FOR POOLS SPECIAL INITIATIVE 2022 PROGRAM AND ACCEPTANCE OF GRANT FUNDS. WHEREAS, the Colorado Department of Local Affairs (DOLA) in collaboration with the Office of Economic Development and International Trade (OEDIT) have created the Pools Special Initiative 2022 program for local governments to support the operations of public swimming pools across the state for the 2022 summer season; and WHEREAS, the one-time grant program is intended to provide incentives to attract and retain public swimming pool employees to incentivize them to stay through the summer and ensure adequate staffing levels that will allow swimming pools to be open at maximum capacity; and WHEREAS, the City of Englewood submitted an application to DOLA for a Special Pool Initiative Grant of $25,000; and WHEREAS, the City of Englewood has been awarded a grant from DOLA in the amount not to exceed $12,500.00 to be used for recruitment and retention efforts for public swimming pool employees within the City of Englewood; and WHEREAS, this Ordinance will authorize the Grant Agreement between DOLA and the City of Englewood to accept the grant from the Pools Special Initiative 2022 program in the amount of $12,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Grant Agreement for the Pools Special Initiative 2022 program, PSI-22-067, and acceptance of grant funds, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The City Council of the City of Englewood authorizes the expenditure of funds necessary to meet the terms and obligations of the awarded grant. Section 3. The Director of Parks, Recreation, Library and Golf is authorized to sign all necessary documents for the Pools Special Initiative 2022 program for and on behalf of the City Council and the City of Englewood. DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1 2 Section 4. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1 3 applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 1st day of August, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of August, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of August, 2022 for thirty (30) days. Read by Title and passed on final reading on the 15th day of August, 2022. Published by Title in the City’s official newspaper as Ordinance No. 37, Series of 2022, on the 18th day of August, 2022. Published by title on the City’s official website beginning on the 17th day of August, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 37, Series of 2022. Stephanie Carlile DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1 June 29, 2022 Othoniel Sierra, Mayor City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: PSI-22-067 – City of Englewood - Pools Special Initiative 2022 - Grant Award and Next Steps Agreement Dear Mayor Sierra: The Colorado Department of Local Affairs (DOLA) has reviewed your application for the Pools Special Initiative 2022 (PSI) program, a State funded initiative. As DOLA’s Executive Director, I am pleased to inform you of your award of $12,500.00. Your submitted application and this award letter serve as your agreement with the State. Recipients of these funds do not require any additional contracts. By accepting the funding, you as the PSI grantee are agreeing to spend the funds on recruitment and retention efforts for public swimming pool employees within your jurisdiction and are agreeing to the attached Terms & Conditions. You must make two separate advance requests using DOLA’s online grants portal system to obtain your grant funding: ●1st half - upon receipt of this agreement, and ●2nd half - upon fully expending and reporting on the 1st half. The first advance request should be submitted as soon as possible after the Effective Date of this signed award letter. The advance request form, as well as the report form, are included along with this grant award letter agreement. Thank you for your interest in the Pools Special Initiative 2022 program. Please contact your regional manager with any questions. Sincerely, Rick M. Garcia Executive Director cc: Brad Anderson, Responsible Administrator Greg Etl, DOLA Regional Manager Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv          DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1 In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD _____________________ By: Beulah Messick, Controller Delegate Effective Date:_______________________ CMS# 177254 VCUST# 14147 ADDR CN002 EFT DLG# 22-067 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv           DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1 Pools Special Initiative 2022 - Grant Award Terms & Conditions 1. Statutory Authority . C.R.S. 24-32-106(1)(c) 2. Funding Period: July 1, 2022 through September 30, 2022 3. Use of Funds a.Grant funds will only be spent on costs associated with the recruitment and retention of public swimming pool employees. Eligible expenses include but are not limited to: ■any expenses related to recruitment of public swimming pool employees such as marketing and advertising, job board fees, referral bonuses; ■any expenses related to retention of public swimming pool employees such as to pay increases, signing bonuses, fringe benefits, team building opportunities, employee appreciation expenses. b.Grantee counties, municipalities, and special districts understand that any grant funds expended outside of the intent of this program must be returned to the Department of Local Affairs within 30 days of the ruling by DOLA of improper fund use. c.Grant funds expire September 30, 2022. Grantee counties, municipalities, and special districts must not incur any expenses after September 30, 2022. d.Ineligible expenses include but are not limited to: any expenses not related to recruitment and retention of public swimming pool employees such as utilities, pool supplies, pool equipment and furniture, maintenance expenses, recruitment and retention expenses for non-swimming pool employees, training*, any expenses already accounted for in your current budget.*for assistance with training costs, contact your local workforce center. 4. Documentation.Recipient shall retain documentation on all uses of the funds, including invoices, receipts, data and financial records, and any other documentation that establishes compliance for up to three (3) years after the final report is approved using PSI funds. Such documentation shall be provided to DOLA or its duly authorized representatives upon request. 5. Monitoring. a.DOLA or the State of Colorado reserves the right to initiate detailed monitoring or auditing of any grantee at its sole discretion. b.The review shall provide assurance that the information self-reported by Grantee is accurate and complete, and identify unallowable or questionable expenditures for follow-up. When concerns are noted during the review process, the Grantee shall provide documentation of the expenditures or accounting practices to DOLA for verification. c.Funds spent outside of the stated program intent must be returned to DOLA within 30 days of identification by DOLA of improper use. 6. Financial Reporting. a.Recipient counties, municipalities, and special districts must provide DOLA with itemized reports upon the complete expense of both (2) advance payments detailing how grant funds were spent. Invoices and proof of payment must be provided to support the expenditures. b.Recipient counties, municipalities, and special districts must submit a final report upon the completion of the project. c.Any unspent funds must be returned to DOLA no later than October 31, 2022 and prior to submitting the final report. Unspent funds will be deobligated by DOLA. 7.In the event of a conflict between the terms and conditions of the Grantee’s Application and the terms and conditions of this award agreement letter, the terms and conditions of this award agreement letter shall prevail. Page 1       DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1