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HomeMy WebLinkAbout09887ORDINANCE NO. 9887 AN EMERGENCY ORDINANCE AUTHORIZING PAYMENT FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE CENTER FOR HEALTH PROGRESS, A COLORADO NONPROFIT CORPORATION, FOR THE PERFORMANCE OF EDUCATION AND REGISTRATION SERVICES FOR DISPENSING THE COVID-19 VACCINE AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of Ten Thousand Dollars ($10,000.00) are authorized to be paid from Project No. CI2010 to the Center for Health Progress, a Colorado Nonprofit Corporation, for purposes of providing education and registration services for the dispensing of the COVID-19 vaccine to residents of the City of Pueblo. SECTION 2. The Grant Agreement (“Agreement”) between the City of Pueblo, a Colorado Municipal Corporation, and the Center for Health Progress, a Colorado Nonprofit Corporation, dated February 22, 2021, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 4. Savings Clause: The COVID-19 pandemic has been declared an emergency disaster by the Mayor, the Governor of Colorado and the President of the United States. 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. The attached Agreement will facilitate the vaccination of the City’s residents with the COVID-19 vaccine and thereby prevent the further spread of the COVID- 19 virus within 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 February 22, 2021. Final adoption of Ordinance by City Council on February 22, 2021. President of City Council Action by the Mayor: ☒ Approved on February 24, 2021 . □ 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-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 22, 2021 TO: President Lawrence W. Atencio and Members of City Council FROM: Mayor Nicholas A. Gradisar and City Council President Lawrence W. Atencio VIA: Brenda Armijo, City Clerk SUBJECT: AN EMERGENCY ORDINANCE AUTHORIZING PAYMENT FROM THE CORONAVIRUS RELIEF FUND PROJECT NO. CI2010 TO THE CENTER FOR HEALTH PROGRESS, A COLORADO NONPROFIT CORPORATION, FOR THE PERFORMANCE OF EDUCATION AND REGISTRATION SERVICES FOR DISPENSING THE COVID-19 VACCINE AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH RESPECT TO THE PROVISION OF SUCH SERVICES SUMMARY: Attached is an Ordinance authorizing payment of Ten Thousand Dollars ($10,000.00) from the Coronavirus Relief Fund Project No. CI2010 to the Center for Health Progress, a Colorado Nonprofit Corporation, for purposes of providing education and registration services for the dispensing of the COVID-19 vaccine in the medically underserved neighborhoods of the City. 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. On July 13, 2020 by Ordinance No. 9742, City Council established Project No. CI-2010 to maintain appropriate accounting of funds received by the City under the Federal CARES Act. BACKGROUND: The purpose of the attached Ordinance is to provide financial assistance in the amount of Ten Thousand Dollars ($10,000.00) to the Center for Health Progress for the purpose of registering residents in the medically underserved communities located on the City’s Eastside, Westside and Bessemer neighborhoods for the dispensing of the COVID-19 vaccine. FINANCIAL IMPLICATIONS: Under the proposed Ordinance, Ten Thousand Dollars ($10,000.00) will be transferred to the Center for Health Progress for education and registration services in connection with the dispensing of the COVID-19 vaccine. The City of Pueblo will seek reimbursement from the Colorado Department of Local Affairs for this expense. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council has the option of not transferring $10,000.00 in Federal CARES Act funds to the Center for Health Progress. RECOMMENDATION: Approve the attached Ordinance. Attachments: Proposed Ordinance and proposed Grant Agreement. GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into this 22nd day of February, 2021, by and between the City of Pueblo, a Colorado municipal corporation (the "City") and the Center for Health Progress, a Colorado nonprofit corporation (the "Agency"). City and Agency are sometimes referred to herein as a "Party" and collectively, as the "Parties." WHEREAS, Agency was organized as a Colorado nonprofit corporation in 2003 and in 2004 was recognized as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code by the Internal Revenue Service of the U.S. Department of the Treasury; and WHEREAS, the City's eastside, westside and Bessemer neighborhoods are medically underserved communities within the City with large populations of people of color who provide a disproportionate amount of"essential" work in the local economy; and WHEREAS, the City's eastside, westside and Bessemer neighborhoods have been impacted more gravely by the COVID-19 pandemic than other locations in the City: and WHEREAS, the City's eastside, westside and Bessemer neighborhoods require health access education including information concerning the dispensing of the COVID-19 vaccine; and WHEREAS, Agency operates and provides the following services: Vaccination Registration Clinics to inform people of the availability of the COVID-19 vaccine and to register persons for such vaccination (the "Program"); and WHEREAS, Agency has requested financial assistance with respect to necessary expenditures to be incurred with respect to operations of the Program; and WHEREAS, based upon the representations of Agency 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 Agency agree as follows: 1. The City shall pay Agency the sum of Ten Thousand Dollars ($10,000.00) upon execution of this Agreement. Said funds shall be used by Agency solely to inform people of the availability of the COVID-19 vaccine and to register persons for vaccination ("Qualified Purpose") and shall be performed during the period of February 22, 2021 through December 31, 2021. 2. Agency represents and warrants that: (a) receipt of the Grant Funds for payment of the Eligible Expenses is necessary to operate and provide services under the Program, and (b) Agency has and shall continue to operate the Program through December 31, 2021. 3. Agency stipulates, acknowledges and agrees that Agency has not and will not use other federal, state or local funds with respect to the Qualified Purpose in the City of Pueblo for purposes of this Agreement. 1 4. All funds distributed to Agency under this Agreement shall be spent on or before December 31, 2021, and if not spent by said date, shall be immediately returned to the City. 5. Scope of Services. During the term of this Agreement, Agency agrees to perform the following services: a. On a monthly basis, conduct no fewer than one (1) Vaccination Registration Clinic to inform people of the availability of the COVID-19 vaccine and to register persons for such vaccination in each of the following neighborhoods: (i) The eastside neighborhood; (ii) The westside neighborhood; and (iii) The Bessemer neighborhood. b. Provide no fewer than one (1) Spanish speaking or bilingual person at each Clinic. c. Provide adequate training to staff at each Clinic to enable staff to explain the COVID-19 vaccine and assist with registration for such vaccination. d. Fully cooperate with the Pueblo Department of Public Health and Environment in executing each of the above-mentioned tasks. 6. The Agency shall submit quarterly reports, consisting of Program Reports to the Mayor and City Council of the City no later than the following dates: 1. First Quarter: April 20, 2021 2. Second Quarter: July 20, 2021 3. Third Quarter: October 20, 2021 4. Fourth Quarter: January 20, 2022 Said reports shall detail all efforts of Agency to fulfill the Scope of Services and shall include, at a minimum, the dates and locations of the Vaccination Registration Clinics; the number of persons contacted and the number of persons registered for the COVID-19 vaccination. 7. Agency 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 to Agency under this Agreement. Agency 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 this Agreement. 8. This Agreement is made subject to and incorporates herein, as if set out in full, the Charter and Ordinances of the City of Pueblo and all applicable federal and state laws and regulations, and Agency agrees to abide by and comply with same. Agency acknowledges and agrees that the Grant Funds shall not be used for lobbying for the purpose of influencing pending or proposed legislation, nor to influence quasi-judicial decision making by the elective or administrative bodies of City, State of Colorado or the United States. Agency further acknowledges and agrees that no person shall, on the grounds of race, color, national origin, handicap, religion, sexual orientation, gender identity or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any of Agency's programs or activities receiving financial assistance hereunder. 2 9. Agency shall, at all times, be deemed an independent contractor and neither Agency, nor its officers, agents and employees shall at any time be deemed employees, officers, or agents of the City. Agency shall be solely responsible for the acts of its officers, agents, and employees and payment of all withholding taxes, social security, unemployment compensation, workman's compensation, or other taxes, and shall hold the City harmless and indemnify the City from all claims for same. 10. Agency agrees to assume the risk of all personal injuries, including death and bodily injury, to persons, and damage to, and destruction of, property, including loss of use thereof, caused by, or sustained, in whole, or in part, in connection with, or arising out of, the performance of this Agreement by Agency, or by the conditions created thereby. Agency further agrees to indemnify and save harmless the City and its officers, agents, and employees, from and against all claims, liabilities, judgments, penalties, costs, expenses, and attorney fees arising out of or resulting from such injuries to persons, or damages to property, or based upon, or arising out of, the performance or nonperformance of this Agreement by Agency, or acts or omissions of Agency, its employees, officers, agents and contractors, or out of any violation by Agency of any statute, ordinance, rule, or regulation. 11. PERA Liability. The Agency shall reimburse the City for the full amount of any employer contribution required to be paid by the City to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services under this Agreement. The Agency shall fill out the questionnaire attached as Exhibit A and submit the completed form to the City as part of the signed Agreement. 12. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. 13. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute, the creation of a debt or multi- year fiscal obligation or an obligation of future appropriations by the City, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation. 14. Agency 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 31, 2028. Agency shall make the Required Records available for inspection, review and audit by authorized representatives of the City or the State of Colorado. 15. 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. 16. In the event the Parties hereto become involved in a dispute arising out of this Agreement, or the performance or breach thereof, the Court shall award costs, expenses, and attorney fees to the prevailing Party. 3 17. Venue and Waiver of Trial by Jury. City and Agency hereby irrevocably submit to the personal and subject matter jurisdiction of the District Court, Pueblo County, State of Colorado in any action or proceeding arising out of or relating to this Agreement and hereby irrevocably agree that all claims with respect to such actions or proceedings shall be heard and determined in such venue by such Court. To the full extent permitted by law, Agency and City hereby irrevocably waive their rights to a trial by jury. 18. Notices. Any notice required or permitted to be given or delivered under this Agreement shall be in writing and shall be given by personal delivery, or by the United States Postal Service, by registered or certified mail, postage prepaid, or reputable national overnight courier service: (a) If to City, addressed to: Mayor City of Pueblo 1 City Hall Place, 2nd Floor Pueblo, Colorado 81003 with a copy to: City Attorney 1 City Hall Place, 3rd Floor Pueblo, Colorado 81003 (b) If to Agency, addressed to: Joe Sammen, Executive Director Center for Health Progress 1245 E. Colfax Ave., Suite 202 Denver, CO 80218 or to such other address or person as any Party may from time to time specify in a writing delivered to the other Party in the manner provided in this paragraph. Any notice shall be deemed delivered on the day on which personal delivery is effected or three (3) days after deposit in the mail in the case of registered or certified mail, and one (1) business day after deposit in the case of overnight courier. 19 Survival of Representations. The representations, warranties, covenants and agreements of Agency and City in this Agreement are and shall survive the expiration and termination of this Agreement may be enforced by either Party after such expiration and termination. 20. Miscellaneous Provisions. a. No addition, alteration, amendment, or modification of the terms of this Agreement, nor verbal understandings of the Parties, their officers, agents or employees, shall be valid unless reduced to writing and executed by the parties hereto. b. Agency may not assign this Agreement in whole or in part without the prior written consent of the City. 4 c. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. d. Entire Agreement. All understandings and agreements heretofore had between the Parties hereto considering the subject matter hereof are merged into this Agreement which alone fully and completely expresses the agreement and understanding of the Parties. e. Time is of the essence hereof. f. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. g. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. h. Validity. If any provision of this Agreement shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. i. Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile, electronically in portable document format or electronic signature technology (e.g., DocuSign) shall be equally as effective as delivery of an original executed counterpart of this Agreement and shall not affect the validity, enforceability or binding effect of this Agreement. Executed the date and year first above written. City of Pueblo, Colorado a Colorado Municipal Corporation [ SEAL ] Attest--/z)lUf)da By: -2'(:‘,,v,Ori.d.„,-, City Clerk Nicholas A. Gradisar, Mayor Center for Health Progress a Colorado non• , ' orpo PI tion By: •- ammi xecutive Director igiom 5 STATE OF COLORADO ) ) ss. COUNTY OF oe(\\1 r ) ^` �7n The foregoing instrument was acknowledged before me this day of February, 2021 by Joe Sammen as Executive Director of the Center for Health Progress, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires:012� . [ SEAL] (0\ A-() MELISA HERNANDEZ SANCHEZ Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194027648 MY COMMISSION EXPIRES 07/22/2023 6 EXHIBIT A COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO AND/OR COUNTY OF PUEBLO Pursuant to C.R.S. § 24-51-1101(2), salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo and/or the County of Pueblo to perform any service as an employee, contract employee, consultant, independent Agency, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo and/or the County of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo and/or the County of Pueblo, this document must be completed, signed and returned to the City and/or County of Pueblo: (a) Are you, or do you employ or engage in any capacity, including as an independent contractor, a PERA Retiree or an affiliated party who will perform any services for the City of Pueblo? Yes N)20 (b) If you answered "Yes" to (a) above, please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "Yes" to (a) above, you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. 7 fi Signed: February Z , 2021 Center for Health Progress a Colorado nonprofit corporation By: - -, ..► ecutive Director For purposes of responding to question (a) above, an affiliated party includes (1) any person who is the named beneficiary or co-beneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half-siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 8