HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/23/2020 - EMERGENCY ORDINANCE NO. 084, 2020, APPROPRIATING PAgenda Item 1
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AGENDA ITEM SUMMARY June 23, 2020
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
Beth Sowder, Director of Social Sustainability
Jackie Kozak-Thiel, Chief Sustainability Officer
Chris Van Hall, Legal
SUBJECT
Emergency Ordinance No. 084, 2020, Appropriating Prior Year Reserves in the General Fund for the Non-
Congregate Shelter Program
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priorities for being on the Council agenda because it
impacts the immediate health and safety of high-risk individuals experiencing homelessness:
• Priority 1- Urgent items specifically related to COVID-19 activities that are critical in nature and must
receive Council consideration as soon as possible.
The purpose of this item is to appropriate unanticipated funding up to the amount of $420,000 from General
Fund reserves to establish a non-congregate shelter program for persons experiencing homelessness that are
at risk for COVID-19 due to age or underlying health conditions. Emergency ordinances are authorized under
the Charter in emergency circumstances and require the affirmative vote of at least five (5) members of the
Council for passage.
STAFF RECOMMENDATION
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND / DISCUSSION
The State of Colorado issued an Emergency Disaster Declaration related to COVID-19 on March 11, 2020.
The Order strongly urged governments to make shelter available to people experiencing homelessness as
soon as possible and to the maximum extent practicable. This advice was reiterated in the Sixth Amended
Public Health Order from the Colorado Department of Public Health and Environment (CDPHE) dated June 5,
2020.
Beginning in March 2020, the City and community partners, such as Homeward Alliance, the Health District of
Larimer County, Catholic Charities, Fort Collins Rescue Mission and others, increased shelter capacity for
persons experiencing homelessness (PEH) to allow for physical distancing in response to the COVID-19
pandemic. Because the number of people accommodated at the two year-round shelters provided by Catholic
Charities and the Fort Collins Rescue Mission were reduced by half their typical capacity, a congregate shelter
was established at Northside Aztlan Community Center (NACC) and an outdoor shelter was established at Old
Heritage Park for the duration of the Statewide Stay-at-Home order. The temporary outdoor shelter was closed
on April 29, 2020. The congregate shelter at NACC is scheduled to close on June 19, 2020.
Agenda Item 1
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Council has been kept informed about these emergency operations. At the May and June meetings, Council
discussed various options for providing shelter to PEH during this continuing pandemic while recognizing the
need to return the NACC to on-going programing. Staff was directed to explore alternative sites for congregate
shelter and to explore non-congregate shelter options using hotels for the most susceptible PEH including
those over 65 years old and/or with underlying health conditions. Staff has consulted with other communities
offering this type of shelter, local providers, and vendors. Based on these conversations, staff has planned a
program for up to 50 hotel rooms for a three-month duration (to start) at an estimated cost of $420,000. Staff
expects that more than 50 people may be served because some rooms may be used more than once if a
resident is housed, for instance, or for more than one person when it is appropriate to house more than one
person in a single room: for example, one of the at-risk people currently identified is a grandmother who has a
care giver, and so both would likely be housed in the same room.
It is currently uncertain whether Fort Collins will be reimbursed for the costs associated with the non-
congregate shelter program. On June 8, the City applied to FEMA for preapproval to give the City the most
opportunities for reimbursement for a non-congregate shelter program providing up to 50 hotel rooms for
approximately three months. The request was approved on June 12, 2020, however pre-approval does not
obligate specific FEMA reimbursement. (Attachment 1). Although the City’s eligibility for reimbursement is
currently unclear, the City will continue to comply with applicable Federal Uniform Guidance requirements to
obtain reimbursement to the greatest extent possible. This will allow the City the greatest flexibility in obtaining
reimbursement from various federal sources including FEMA and CARES Title V - Coronavirus Relief Funds.
Staff has been working with community partners and the City’s Purchasing department on the most
expeditious way to set up this program. While the program will not be in place by June 19, the expected date of
the closure of NACC for shelter services, staff and community partners expect it to be in place before Council’s
next regular scheduled meeting on July 21, 2020. By passing the Appropriation Ordinance now as an
emergency ordinance, the program can start as soon as vendors are selected, which is consistent with the
June 5 CDPHE order to provide shelters as soon as possible. The City plans to seek a partner to oversee the
operation, a hotel partner to provide lodging and a security partner to increase safety for participants and the
facility.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $420,000 of General Fund Reserves to be pledged to support a non-
congregate shelter program for PEH. The City will seek reimbursement for costs associated with the shelter
under CARES Title V - Coronavirus Relief Funds or any other appropriate and available source, although the
extent to which the City will be reimbursed is still uncertain. As reimbursement occurs, the funds will revert to
the General Fund.
PUBLIC OUTREACH
Council has been briefed regularly on COVID-19 responses since March. The option for non-congregate
shelter using hotels was publicly discussed at Council meetings in May and June.
ATTACHMENTS
1. FEMA Approval Letter (PDF)
2. Powerpoint Presentation (PDF)
June 12, 2020
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
City of Ft. Collins
sbeckferkiss@fcgov.com
Dear Sue,
This is in response to your letter dated June 5, 2020 requesting that the State
Non-Congregate Shelter Approval Team approve emergency, non-congregate sheltering
(Emergency NCS) activities under the US Department of Homeland Security’s Federal Emergency
Management Agency (FEMA)Public Assistance (PA) program to Ft. Collins based on the
parameters set forth in your letter.
Specifically, your letter requests approval for Emergency NCS to include shelter missions for
eligible subrecipients. In accordance with section 403 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, eligible emergency protective measures taken to respond to
the referenced Coronavirus Disease 2019 (COVID-19) disaster, at the direction or guidance of
state, local, tribal, and territorial public health officials, may be reimbursed under Category
B of FEMA’s PA program if necessary to save lives, protect improved property, or public health
and safety, and/or lessen or avert the threat of catastrophes.
Based on our review of your request and supporting documentation and information
provided, we are approving your request for Emergency NCS activities for 50 rooms
subject to the conditions and limitations set forth below. This approval applies to the date
that you began/begin expending funds on the non-congregate sheltering mission and
expires on the date that the NCS approval from FEMA expires.
The Emergency NCS will be implemented by the County and their eligible subrecipients
pursuant to the Governor’s Executive Order 20-28 Safer at Home Order, effective April 27,
2020, and updated June 2, 2020.
Our approval of the County’s request for PA funding for costs related to Emergency NCS
includes the populations identified below. Our approval of the County’s request is subject to
ATTACHMENT 1
and conditioned by the following: State of Colorado Non-Congregate Shelter Request,
FEMA-4498-DR-CO April 9, 2020.
FEMA will reimburse Emergency NCS costs incurred for:
● Individuals who test positive for COVID-19 that do not require hospitalization, but need
isolation or quarantine (including those exiting from hospitals);
● Individuals who have been exposed to COVID-19 (as documented by a state or local
public health official, or medical health professional) that do not require
hospitalization, but need isolation or quarantine; and
● Individuals who are at “high-risk,” such as people over 65 or who have certain
underlying health conditions (per CDC Guidelines, such as respiratory, compromised
immunities, chronic disease), and who require Emergency NCS as a social distancing
measure.
● Our approval does not currently include the reimbursement of costs for the sheltering
of asymptomatic individuals that are not among the populations identified above, and
whose living situation may make them unable to adhere to social distancing guidance.
● Our approval includes the provision of wrap-around services directly necessary for the
safe and secure operation of NCS facilities. However, activities and costs associated
with the provision of support services such as case management, mental health
counseling, and similar services are not eligible for reimbursement under the PA
program.
Our approval is limited to costs that are reasonable and necessary for providing Emergency
NCS to eligible individuals (as identified in bullet point 1 above).
1. In this regard, please note that FEMA does not mandate that the State and
subrecipients pursue a specific option or options for temporary facilities to be used for
Emergency NCS, but FEMA will only approve PA funding for cost-effective and
practical options.
2. Our approval is limited to the activities and costs associated with sheltering individuals
through July 8, 2020, unless the public health needs terminate earlier. The State must
obtain FEMA’s approval for any time extensions, which must include a re-assessment of
the continuing need for Emergency NCS from a State or Local public health official, as
well as a detailed justification for the continuing need for Emergency NCS.
3. Our approval is limited to the provision and operation of facilities for Emergency NCS
and does not include the approval for the conversion of facilities for the provision of
emergency medical care. Alternative Care Sites must be addressed separately.
4. Our approval does not obligate specific funding. Funding requests will be subject to PA
program eligibility guidance, including the Emergency NCS guidance, to include Fact
Sheets, issued by FEMA. 1 Public Assistance Program and Policy Guide, FP 104-009-2,
at 67 (April 1, 2018) (PAPPG). See also 2 C.F.R §§ 200.403 and 200.404. 2 PAPPG, at
67. State of Colorado Non-Congregate Shelter Request, FEMA-4498-DR-CO April 9, 2020
Additionally, please ensure attention to the following considerations in your implementation
of Emergency NCS activities:
1. The State and subrecipients must follow FEMA’s Procurement Under Grants Conducted
Under Exigent or Emergency Circumstances guidance and include a termination for
convenience clause in its contracts for sheltering and related services, such as food,
security, and care for those with disabilities or access and functional needs.
2. FEMA will not approve PA funding that duplicates funding by another federal agency,
including the U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention, or U.S. Department of Housing and Urban Development.
3. FEMA encourages the development and use of shelter intake and transition plans for
each shelter operation. Technical assistance is available upon request from the State.
4. Each subrecipient must submit a Request for Public Assistance and submit shelter cost
analysis and required shelter data through Grants Portal once a shelter has been
identified.
5. All entities engaging in shelter missions who plan to seek FEMA reimbursement must
comply with, and enable FEMA to comply with, applicable environmental and historic
preservation laws, regulations, and executive orders or funding may be jeopardized. 4
FEMA assistance is available to assess potential sites. FEMA encourages the State and
subrecipients to contact FEMA Environmental and Historical Preservation (EHP) staff at
FEMA-R8EHP@fema.dhs.gov for an EHP compliance review of identified shelters.
The subrecipients will need to maintain tracking mechanisms to provide sufficient data
and documentation to establish the eligibility of Emergency NCS costs for which it is
requesting PA funding (including the need for non-congregate sheltering of each
individual, length of stay, and costs).
Based on the guidelines above and by FEMA, the Applicant needs to provide sufficient
documentation, including the following information:
• Specific reason for NCS need for each individual sheltered (see three points for
eligibility above)
• Length of stay for each individual sheltered
• Age of each individual sheltered
• If applicable, number of meals provided for each individual sheltered
• If applicable, number of individuals with access or functional needs sheltered
• If applicable, number of household pets sheltered; number of assistance and service
animals sheltered; and type of shelter provided for animals as stand-alone, co-located,
co-habitational
• Description of services provided to sheltered individuals, delineating between
eligible services for reimbursement and non-eligible services for reimbursement
• Tracking of costs associated with the reimbursable activities
As with any activity, lack of sufficient support documentation may result in FEMA determining
that some or all of the claimed costs are ineligible. If you have any additional questions
regarding reimbursement, please contact CDPS_DR4498@state.co.us
We are also required to track NCS numbers weekly for FEMA situational awareness. The
spreadsheet that is attached is the information we are collecting for each facility. Please
email CDPS_DR4498@state.co.us with an updated spreadsheet every Wednesday by close of
business (COB) (5pm).
Sincerely,
Charlotte Olsen and
The State Non-Congregate Shelter Review Team
June 23, 2020
Appropriation for Non-congregate Shelter Program
Sue Beck-Ferkiss
ATTACHMENT 2
Emergency Response for PEH
• March 2020 - Statewide Emergency Declaration declared
• Physical distancing required to contain spread of COVID-19
• Two year-round shelters had to decrease on-site capacity
• Remote locations used to expand capacity
• Stay-at-Home lifted – NACC open thru June 19
• Post June 19
• At-risk population due to age or underlying medical condition primary
concern based on CDC recommendations
2
Strategic Alignment
3
STRATEGIC ALIGNMENT
Neighborhood Livability & Social Health 1.2
Collaborate with other agencies…to make homelessness
rare, short-lived and non-recurring.
Tonight’s Appropriation
Tonight’s purpose:
• Appropriate up to $420,000
• Source – General Fund
Reserves
• For a non-congregate hotel
shelter program
• 90-day program (could be
extended if $ and need)
4
• Program includes
• Hotel
• Services -
project oversight
• Security
• Housing surge parallel
process to house
participants
Program Outline
Plan for 90-day program
• Month one – up to 25 rooms with services
• Gear up and establish systems
• Month two – up to 50 rooms with services
• Maximize housing navigation
• Month three – up to 25 rooms with service
• Expect some participants to be housed
• Focus activities on remaining participants
5
Appropriation Requested
Preliminary Budget – not too exceed $420,000
Procurement process:
• Competitive process to increases chance of reimbursement
• FEMA Pre-approval received from State 6/12/2020
• Other potential funding sources:
• CDBG-CV
• CARES Title V – Coronavirus Relief Funds
6
Next Steps
• If adopted, start Non-congregate Hotel Shelter Program
• Finalize procurement process
• Aiming for early July start
• Coordinate and finalize partner contributions
• Concurrent Efforts
• Shelter operations adapted
• Continue to seek new location for Congregate Shelter
• Rapid rehousing housing surge
• Homeless Services and Housing Options Committee
7
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EMERGENCY ORDINANCE NO. 084, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR THE NON-CONGREGATE SHELTER PROGRAM
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
social distancing in order to reduce its transmission; and
WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended
the City Manager’s proclamation of local emergency; and
WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration
related to COVID-19 on March 11, 2020; and
WHEREAS, as part of its Sixth Amended Public Health Order dated June 5, 2020, from
the Colorado Department of Public Health and Environment (CDPHE) strongly urges
governments to make shelter available to people experiencing homelessness as soon as possible
and to the maximum extent practicable; and
WHEREAS, this emergency ordinance is meant to further the City’s emergency response
related to COVID-19 consistent with the State’s June 5th order by providing shelter to people
experiencing homelessness as soon as possible; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of mitigating the transmission of COVID-19
amongst high risk individuals that are currently experiencing homelessness by providing non-
congregate shelters consistent with CDPHE’s June 5, 2020 order; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
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Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in that Fund during this fiscal year;
and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General Fund
the sum of FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000) for expenditure
in the General Fund for the Non-Congregate Shelter Program.
Section 3. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance in accordance with the Fort Collins City Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 23rd
day of June, 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk