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.
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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.
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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.
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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.
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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
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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.
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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.
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