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HomeMy WebLinkAbout09797 ORDINANCE NO. 9797 AN ORDINANCE APPROVING A 72 HOUR OPIOID OVERDOSE FOLLOW UP AGREEMENT BETWEEN THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE CITY OF PUEBLO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Opioid Overdose Agreement between the Pueblo Department of Public Health and Environment and the City of Pueblo, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City of Pueblo and the City Clerk is directed to attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or appropriate to effectuate the transactions described therein. SECTION 3. 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 October 13, 2020 . Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 2020 . ☐ 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 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Barb Huber, Fire Chief SUBJECT: AN ORDINANCE APPROVING A 72 HOUR OPIOID OVERDOSE FOLLOW UP AGREEMENT BETWEEN THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE CITY OF PUEBLO AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: The proposed Ordinance approves an overdose follow-up community program agreement between the City of Pueblo and the Pueblo Department of Public Health and Environment. PREVIOUS COUNCIL ACTION: Passage of a similar agreement with the Pueblo Department of Health in May of 2020. BACKGROUND: The Pueblo Fire Department will be working in conjunction with the Pueblo Department of Public Health and Environment to provide a follow-up program to overdose patients in the Pueblo community within a 72 hour window with a counselor from the Front Range Clinic. FINANCIAL IMPLICATIONS: Financial gain to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: None. RECOMMENDATION: City Administration recommends approval of the Ordinance. Attachments: Agreement Pueblo Department of Public Health & Environment AGREEMENT FOR Pueblo County Partnerships for Data — Pueblo Fire Department, Directing Other To Service - Quick Response Team THIS AGREEMENT entered into as of 0a-44Aa4r 24,. .2°2a ("Effective Date"), by and between the Pueblo Department of Public Health and Environment ("Department") and Pueblo, a municipal corporation, by and on behalf of the Pueblo Fire Department("Contractor"). WHEREAS, Department desires to engage and Contractor desires to perform the work and services for the Pueblo County Partners for Data described in Exhibit A("Services") attached hereto; and WHEREAS, Contractor represents that Contractor is qualified by training, education, and experience to perform said Services. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein Department and Contractor agree as follows: 1. Contractor shall perform and provide all services for the Pueblo County Partners for Data as more specifically described in Exhibit A, which is incorporated herein by this reference. Contractor shall provide said Services as per the established completion schedule for the Services and agreed upon work hours. Contractor shall be under the general supervision of Department as to the results and end product of the Services and shall report to the Director of the Department or his/her designee. 2. As consideration for Services performed herein by Contractor, Department will pay the sum of $90,504 as described in Exhibit A, which is incorporated herein by this reference. Contractor shall submit an invoice quarterly by the 5th of the month in order to receive funds as outlined in Exhibit A. 3. CONTRACTOR: The parties understand and agree that Contractor shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employee of the Department, and shall be responsible for, and obligated to pay, all withholding taxes, social security, unemployment, worker's compensation, and/or other taxes and shall indemnify and hold the Department harmless from and against any and all claims for the same period. Contractor acknowledges and agrees that all its personnel are its employees only, and not employees or agents of the Department for any purpose whatsoever, including for purposes of Worker's Compensation. 4. TERM/TERMINATION: A. Unless sooner terminated as provided herein, the term of this Agreement shall commence on the Effective Date and shall remain in effect for a term of one year. Contractor understands and agrees that this Agreement is expressly made subject to annual appropriation of funds by Department for its continuance including the receipt of funds from the Bureau of Justice Assistance and upon failure of Department to appropriate funds for this Agreement said Agreement shall be terminated without liability to Department. B. This Agreement may be terminated by either party upon thirty (30) days prior \°HEALTH bc.4 written notice. In addition, Department may terminate this Agreement immediately if (i) Department funding for the Services is terminated, (ii) Contractor fails to timely and PIHAB Prevent • Promote • Protect ���<TH ACCRf 101 West 9th Street • Pueblo, CO 81003 • (719) 583-4300 • pueblohealth.org satisfactorily perform the Services, (iii)or Contractor is in default under any provision of this Agreement. 5. INSURANCE: The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. 6. Prohibitions on Public Contracts for Services(Including Construction Contracts) regarding Employment of Illegal Aliens: If Contractor has any employees or subcontractors, Contractor shall comply with the provisions of C.R.S. § 8-17.5-101, et seq., and this Contract. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract; or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the Federal E-Verify Program or the Colorado Department of Labor & Employment's "Department Program" as identified in C.R.S. §§ 8-17.5-101(3.7) and (3.3), in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this Contract; or (ii) Enter into a contract with a subcontractor that fails to certify to Contractor/Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Work under this Contract through participation in either the E-Verify Program or Department Program. C. Contractor shall not use either the E-Verify Program or Department Program to undertake pre-employment screening of job applicants while this Contract is in effect. D. If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify the subcontractor and the Department within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to sub-paragraph (i) above, the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). 2 F. If Contractor violates this provision of this Contract, the Department may terminate this contract for breach of contract and the Contractor shall be liable for actual and consequential damages to the Department as required by law. G. The Department will notify the Office of the Secretary of State if Contractor violates this provision of the Contract and the Department terminates the Contract for such breach. 7. Contractor agrees to abide by all applicable laws, rules and regulations, and administrative rulings of the United States, the State of Colorado, Pueblo County, and any other political subdivision with jurisdiction applicable to the agreement and to hold the Department harmless from and against all claims of any kind associated with the failure of the Contractor to comply. Additionally, Contractor agrees not to refuse to hire, discharge, promote or demote, or discriminate against any person otherwise qualified, in any matter of compensation or benefits, performance or service or otherwise, solely because of race, creed, sex, color, national original or ancestry, age, marital status, physical handicap or religious belief. 8. Contractor assures it will establish safeguards to prohibit its employees, agents, or servants from using the agreement for any purpose, which causes or lends itself to create an appearance of impropriety. Such employees, agenda, or servants shall not seek any personal benefits or private gain for themselves, their families,or others. 9. This Agreement constitutes the entire agreement between the parties with respect to service of the aforementioned equipment and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No variation or modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made in writing and signed by duly authorized representatives of the parties hereto. This Agreement shall be governed by, and construed according to,the laws of the State of Colorado. 10. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors, and assigns. Any delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. 11. The headings and titles of this Agreement are inserted for convenience only and shall not affect the interpretation or construction of any of its provisions. 12. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. 13. Except as set forth elsewhere in this Agreement, all notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States mail, postage prepaid, to the proper party at the following addresses: Fire Chief, Pueblo Fire Department Pueblo Department of Public Health and Environment 1551 Bonforte Blvd. Operations and Health Promotion Division-Davis Pueblo, CO 81001 101 W.9th Street Pueblo, CO 81003 3 IN WITNESS WHEREOF, the parties have executed this Agreement in Pueblo, Colorado, the day and year written. PUEBLO, a Municipal Corporation • ..<4244g?-1-- Mayor ATTEST: (amit.10 City Clerk Pueblo De3artment of Public Health and Environment By. Vii . ; GG» Rand Evetts, P lic Hea th Director 4 SCOPE OF SERVICES Exhibit A This agreement between the Contractor and the Department is intended to apply to those services of the Contractor rendered for the support of the following: PDPHE Contact:Ryan Turner ryan.turner@pueblocounty.us PDPHE Financial Contact:Shylo Dennison dennison@pueblocounty.us Fire Dept.Contact:Kelly Firestone kfirestone@pueblo.us Fire Dept.Financial Contact: Amount Item Approved Budget Sub Award: $90,504.00 The City of Pueblo's Fire Department through the Directing Others to Services (DOTS) Program will develop and implement a quick response team that will respond to individuals experiencing an overdose in order to connect the individual to treatment supports and community resources.The Pueblo Fire Department will ensure access to Emergency Medical System (EMS) data on overdoses, coordinate with Peers to respond to individuals, and follow-up with Peers and individuals to assure needs are met. Position will also integrate substance use education into outreach with other individuals participating in the DOTS program. GOAL: Implement a Quick Response Team to respond to overdose events to connect the individual to resources, prevent a fatal overdose, and assist toward recovery. DELIVERABLES • Provide one fulltime Firefighter DOTS position to implement quick response efforts. • Implement a Quick Response Team: o Follow up to overdose event within 72 hours,or as close as possible, to provide assistance and connection to resources. • DOTS will go out on Mondays to contact post overdoses that occurred Thur, Fri,Sat, Sun (24 to 96 hrs) • Overdoses that occur Mon,Tue, and Wed will be followed up within 72 hours(or as close as possible) • All DOTS responses regarding overdoses will be scheduled ASAP,workload permitting • Delays to responses may occur secondary to firefighting duties/training, personnel challenges, COVID-19 restrictions, etc. • Ensure real-time data sharing and receival of overdose event data to the DOTS-QRT team to ensure rapid response to overdose events. • Ensure inclusion of a Peer Co-Responder(when possible) in QRT outreach. • Coordinate with the Peer resource established through BJA implementation activity 3 to ensure connection to Peer resources and availability of Peers for outreach. • Integrate substance use education, resources,and referrals into outreach with other DOTS participants as applicable. • Track response efforts of QRT and follow up and reporting of this data monthly, by the 10th day of the following month to the PCPD. • Utilize Pieces software to track outcomes of individuals interacting with the peers. 5 • Participate in meetings and provide data and information to the contracted 3rd party evaluator in order to evaluate the program and collect data to author a report to summarizing impact and outcomes of the program. • Invoices submitted for payment quarterly. Invoices should be on official letterhead, must have an invoice date, an invoice number, and the total amount of expenses incurred each month. Invoices should be emailed to dennison@pueblocountv.us by the 5th of the month following the end of the quarter and will be paid by the end of the month submitted. • Monthly activity check-in meeting with PDPHE Project Coordinator. Meeting may also include advisory members from the Stakeholder Committee. 6