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HomeMy WebLinkAbout09838ORDINANCE NO. 9838 AN EMERGENCY ORDINANCE AUTHORIZING PAYMENT FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO THE PERFORMANCE OF CONTACT TRACING SERVICES UNDERTAKEN IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ASSISTANCE AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. Funds in the amount of one hundred and three thousand dollars ($103,000.00) are authorized to be paid from Project No. CI2010 to the Pueblo Department of Public Health and Environment for the purposes of providing financial assistance with respect to the performance of contact tracing services undertaken in response to the COVID-19 public health emergency. SECTION 2. The Assistance Agreement (“Agreement”), between the City of Pueblo, a Colorado Municipal Corporation, and the Pueblo Department of Public Health and Environment, 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. SECTION 3. The Mayor is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. 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 therein. SECTION 5. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3-20 of the City Charter, for the following reasons: Time is of the essence as these funds will be used to pay for personnel costs of contact tracers for work performed during the month of December 2020. SECTION 6. 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 14, 2020. Final adoption of Ordinance by City Council on December 14, 2020 . President of City Council Action by the Mayor: ☒ Approved on December 16, 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 # S-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 14, 2020 TO: Dennis E. Flores and Members of City Council FROM: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk SUBJECT: AN EMERGENCY ORDINANCE AUTHORIZING PAYMENT FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE WITH RESPECT TO THE PERFORMANCE OF CONTACT TRACING SERVICES UNDERTAKEN IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ASSISTANCE AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH FINANCIAL ASSISTANCE SUMMARY: Attached is an emergency Ordinance authorizing payment from the Coronavirus Relief Fund Project CI2010 to the Pueblo Department of Public Health and Environment (PDPHE) for the purpose of providing financial assistance with respect to the performance of contact tracing services undertaken in response to the COVID-19 public health emergency and approving and authorizing the Mayor to execute an Assistance Agreement with respect to the provision of such financial assistance. PREVIOUS COUNCIL ACTION: On June 27, 2020, by Ordinance No. 9732, City Council approved and authorized the Mayor to sign a Collaboration Agreement with Pueblo County; the Town of Boone and the Town of Rye related to the distribution of funds received under the federal Coronavirus Aid Relief and Economic Security (CARES) Act. In the Collaboration Agreement it was stipulated that the City of Pueblo would receive $5,575,945 in Federal CARES Act funds. On July 13, 2020 by Ordinance No. 9742, City Council established Project No. CI 2010 to maintain appropriate accounting of funds received by City under the Federal CARES Act. BACKGROUND: The purpose of the attached Ordinance is to provide financial assistance in the amount of one hundred three thousand dollars ($103,000.00) to PDPHE for the purpose of providing financial assistance with respect to contact tracing services undertaken in response to the COVID-19 public health emergency. FINANCIAL IMPLICATIONS: Under the attached proposed Ordinance, One Hundred Three Thousand Dollars ($103,000.00) of financial assistance will be provided to PDPHE for COVID-19 contact tracing. The City of Pueblo will seek reimbursement from Department of Local Affairs for this expense. The attached agreement stipulates that PDPHE will repay the City of Pueblo for any amounts not reimbursed by DOLA through the Coronavirus Relief Fund program. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not authorizing one hundred three thousand dollars ($103,000.00) in financial assistance to PDPHE for COVID-19 contact tracing. RECOMMENDATION: Approve the attached Ordinance. Attachments: Proposed Ordinance and Assistance Agreement ASSISTANCE AGREEMENT THIS ASSISTANCE AGREEMENT ("Agreement") is entered into this 14'� day of e c t I- 'Der, 2020 by and between the City of Pueblo, a Colorado municipal corporation (the "City") and Pueblo Department of Public Health and Environment ("PDPHE"). WHEREAS, PDPHE is performing contact tracing services as a public safety measure undertaken in response to the COVID-19 public health emergency. WHEREAS, PDPHE has requested financial assistance with respect to payment of temporary personnel costs of contact tracers for the month of December 2020. WHEREAS, based upon the representations of PDPHE and subject to the limitations and conditions of this Agreement, City is willing to provide such assistance. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and PDPHE agree as follows: 1. The City shall pay for the temporary personnel costs of contact tracers for work performed during the month of December 2020 in the amount of up to $103,000.00 subject to and conditioned upon the terms of this Agreement and provided all invoices for such work are received and paid on or before January 30, 2021. Payment of such invoices shall be according to a schedule and process reasonably agreed to by City and PDPHE. 2. PDPHE represents and warrants that said costs qualify as eligible expenses and qualify for reimbursement from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program. 3. PDPHE stipulates and acknowledges that it is City's right to seek reimbursement from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program for funds distributed under this Agreement. PDPHE shall provide all assistance requested by City in order to apply for and process any reimbursement request under said program including providing any records identified in paragraph 5 of the Agreement. 4. PDPHE shall reimburse the City for all funds distributed under this Agreement which are not reimbursed to the City from the Colorado Department of Local Affairs under the Coronavirus Relief Fund Program 5. PDPHE shall create, document and maintain all necessary records, books, papers and other documents ("Required Records") which establish performance of and compliance with the representation, terms and conditions of this Agreement for a period up to and including December 30, 2027. PDPHE shall make the Required Records available for inspection, review and audit by authorized representatives of the City or the State of Colorado. 6. In no event shall City, its officers, agents or employees be liable to PDPHE for damages, including without limitation, compensatory, punitive, indirect, special or consequential damages, resulting from or arising out of or related to this Agreement or the performance or breach thereof by City or the failure or delay of City in the performance of any covenant or provision under this Agreement on its part to be performed. In consideration of City entering into this Agreement, PDPHE hereby waives and discharges City, its officers, agents and employees from all claims for any and all such damages. No breach, default, delay or failure of City under this Agreement shall be or be construed to be a waiver, discharge or release of PDPHE's reimbursement obligation under Section 4 of this Agreement. 7. Miscellaneous. (a) Authority of Signers. 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. (b) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to enforce any provision of this Agreement, to recover damages for PDPHE's breach of this Agreement, or to seek specific performance of this Agreement, the City shall be entitled to collect its reasonable attorney's fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding. (c) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 2 Executed the date and year first above written. City of Pueblo, Colorado a Colorado Municipal Corporation [ SEAL] Atte 4 tJ ncitt{ (11/141.,;(f By: 744e4edgke,e0Otodkroya ity Clerk Mayor PUEBL• DEPARTM N PUBLIC HEALTH AND ENVIRONMENT By: A. . . Randy Evetts,r u•Iic Health Director 3