HomeMy WebLinkAbout09829ORDINANCE NO. 9829
AN EMERGENCY ORDINANCE APPROVING AND
AUTHORIZING THE MAYOR TO SIGN A COLLABORATION
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE COUNTY
OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, RELATING TO THE ESTABLISHMENT OF AND
FUNDING FOR AN ADDITIONAL COVID-19 TESTING SITE TO
BE LOCATED IN THE CITY OF PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Collaboration Agreement (“Agreement”) between the City of Pueblo, a Colorado
Municipal Corporation, and the County of Pueblo, a Political Subdivision of the State of
Colorado, dated December 7, 2020, attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized and directed to execute said Agreement for and on
behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3.
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, to implement the policies and
procedures described herein.
SECTION 4.
Savings Clause: The COVID-19 pandemic has been declared an emergency disaster by
the Mayor and the Governor of Colorado. The immediate enactment of this Ordinance is
necessary in order to preserve and protect the health, safety and welfare of the residents of the
City. Pursuant to Sec. 3-20 of the City Charter, 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 December 7, 2020 .
Final adoption of Ordinance by City Council on December 7, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 9, 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 # C-1
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: December 7, 2020
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Mayor Nicholas A. Gradisar
SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A COLLABORATION AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY
OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO,
RELATING TO THE ESTABLISHMENT OF AND FUNDING FOR AN
ADDITIONAL COVID-19 TESTING SITE TO BE LOCATED IN THE CITY OF
PUEBLO
SUMMARY:
This Emergency Ordinance approves, and authorizes the Mayor to sign, a collaboration
agreement with Pueblo County related to the establishment of and funding for an additional
COVID-19 testing site to be located in the City of Pueblo.
PREVIOUS COUNCIL ACTION:
In 2020, City Council has approved numerous Resolutions and Ordinances in response to the
COVID-19 pandemic.
BACKGROUND:
As reported by the Colorado Department of Public Health and the Environment, there has been
a substantial increase in the number of Pueblo residents testing positive for COVID-19 and the
number of required hospitalizations is also on the rise. An additional COVID-19 testing facility is
needed to combat the pandemic in Pueblo County.
FINANCIAL IMPLICATIONS:
As is the case with the State Fair Grounds testing site, the State of Colorado will pay
substantially all of the expenses associated with the second testing facility. The City of Pueblo
and Pueblo County have agreed to pay the rent for the second COVID-19 testing facility on a
50/50 basis. It is estimated that the lease payments will be approximately $5,000.00 per month
for six months.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to adopt this Ordinance will result in the City not having an additional COVID-19 testing
facility in the City.
RECOMMENDATION:
The Mayor recommends approval of this Ordinance.
Attachments: Copy of proposed Ordinance and proposed Collaboration Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into effective this 8th day December, 2020, by
and between the City of Pueblo, Colorado, hereinafter referred to as("City"), and Pueblo County,
Colorado, hereinafter referred to as ("County"). Through this agreement it is the intent of the City
and the County to cooperate in a cost sharing agreement for the purpose of leasing a site to provide
COVID-19 testing to the public during the pandemic
NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the
mutual promises,covenants,terms and conditions contained herein,the City and the County agree as
follows:
I. OBLIGATIONS OF THE PARTIES:
The Parties agree to undertake the following obligations during the term of this Agreement:
A. The County will contract with Transform SHC Licensed Businesses,LLC for
a lease to the testing site located at 3201 Dillion Drive,Pueblo,CO 81008 for a fee of$5,100
a month for six (6) moths.
B. The County shall invoice the city for half the cost of the lease for the testing
site and,if the lease agreement is terminated early,the County shall reimburse the City for its
portion of any unused rent that is returned to the County.
C. The City shall pay the County for the amounts invoiced pursuant to this
agreement.
II. OTHER PROVISIONS:
The parties agree that their performance under this Agreement shall be subject to the
following provisions:
A. Term/Termination. The term of this Agreement shall commence on the date first
set forth herein and shall be valid for six months,unless terminated sooner as provided herein. The
parties may terminate this agreement at any time and for any reason by giving thirty (30)days prior
written notice to the other party. This Agreement may only be extended by written agreement of both
Parties.
B. Liability Exposure. Notwithstanding any other provision of this Agreement, no
term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of
the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq.
C. Complete Agreement/Modification. This Agreement constitutes the complete
Agreement on the subject hereof and supersedes and replaces all prior oral and written
understandings and/or agreements of the parties on the subject hereof.This Agreement may only be
modified by written agreement of both Parties.
1
IN WITNESS WHEREOF,the parties have executed this Agreement effective the date
first above written.
ATTEST: CITY OF PUEBLO
• f
By:
City Clerk Mayor
ATTEST: PUEBLO COUNTY, COLORADO
By AP
I ) y• —Clerk to the :oard Chairman, Board of County Commissioners
2