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.
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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
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