HomeMy WebLinkAbout15292RESOLUTION NO. 15292
A RESOLUTION AUTHORIZING PAYMENT OF FUNDS IN THE
AMOUNT OF FOUR HUNDRED TWENTY-FOUR THOUSAND,
THREE HUNDRED THIRTY-TWO DOLLARS ($424,332) FROM
PROJECT NO. CI-2113 - AMERICAN RESCUE PLAN ACT, FOR
PURPOSES OF COMPENSATING WITH PREMIUM PAY THOSE
ELIGIBLE CLASSIFIED GROUP A EMPLOYEES OF THE CITY’S
GENERAL SERVICES DEPARTMENTS, WHO PERFORMED
ESSENTIAL WORK DURING THE COVID-19 PUBLIC HEALTH
EMERGENCY, AS AUTHORIZED BY SECTION 603(G)(2) OF THE
AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE 31
CFR 35.6(C)
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R.
1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”); and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and
WHEREAS, under the Interim Final Rule, recipients may use Coronavirus State and
Local Fiscal Recovery Funds (“CSLFRF”) to retroactively provide premium pay to eligible
employees who performed essential work during the COVID-19 public health emergency. See
CSLFRF Frequently Asked Questions No. 5.3; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City Council hereby makes the following findings of fact:
A. COVID Statistics
As of August 18, 2021, immediately following the review period proposed in this Resolution,
the State of Colorado had experienced 593,562 cases of coronavirus disease with 7,292 deaths
attributed to COVID-19. Pueblo County residents were impacted particularly hard by the pandemic.
The top ten case counts by county are listed below, with Pueblo coming in at number 10 with 20.347
cases. However, the infection rate of the Pueblo County population was the second highest in the
state at 12.1%, only .3% less than Adams County. A dire statistic for Pueblo County was the death
rate among positive cases. Pueblo County suffered the highest in the state, with 2.1% of positive
cases resulting in death as of late summer 2021. Of the state of Colorado deaths, Pueblo County
accounted for just under 6% of deaths statewide.
Rank County County Confirmed % of County COVID Death
Positive COVID-Population Deaths Rate
Population
1
Testing Among
19 Cases
2
Positive Cases
1 El Paso 720,403 79,317 11.0% 1060 1.3%
2 Denver 727,211 78,316 10.8% 811 1.0%
3 Arapahoe 656,590 66,468 10.1% 857 1.3%
4 Adams 517,421 64,077 12.4% 858 1.3%
5 Jefferson 582,881 51,767 8.9% 847 1.6%
6 Weld 324,492 35,692 11.0% 308 0.9%
7 Douglas 351,154 32,524 9.3% 307 0.9%
8 Larimer 356,899 30,014 8.4% 321 1.1%
9 Boulder 326,196 25,503 7.8% 365 1.4%
10 Pueblo 168,424 20,347 12.1% 431 2.1%
Source Data US Census Bureau, Quick Facts, Colorado COVID-19 data, Colorado
COVID-19
1 County population data from United States Census Bureau
2 Positive COVID Case and COVID Death data from Colorado
Department of Public Health and Environment. Data as of August 18, 2021
B. General Service Exposure and Positivity Rates
As of the end of March 2021, General Services employees had experienced significant
exposure and positivity rates with 120 exposures and 55 positive cases. This means that
48% of the General Services workforce had a documented positive exposure with 22%
ultimately testing positive during this time period.
C. Self-Insured Medical Plan Impacts
The City’s self-insured medical plan incurred approximately $500,000 in claim costs directly
associated with the pandemic as of March 31, 2021, with $495,000 directly related to
treatment and care for the City’s positive COVID cases with eight hospital admissions
during the timeframe referenced in this Resolution. While these costs in their entirety
cannot be exclusively attributed to one group of employees over another, a sizable portion
of these costs were related to the General Services covered population on the City’s
medical plan.
D. Emergency Supplemental Leave Costs
Under state and federal mandates, supplemental leave to quarantine, isolate or care for
family members was in play until the public emergency health order was lifted in the spring
of 2021. Since that time, the leave provisions have been extended several times. The value
of supplemental leave granted by the City during the review period of this Resolution is
outlined below.
Year Value of Leave
2020 $338,927
2021 $16,469
Total $355,399
General Services personnel were responsible for approximately 30% of the leave costs
incurred in 2020 and 57% of the leave costs incurred in 2021.
While the City did receive reimbursement for some of the emergency and supplemental
leave costs to partially cover the cost of backfilling and overtime incurred due to absences,
the cost of providing the leave was never fully recovered through federal funding.
E. Compliance with Section 602(c)(1)(B) and 603(c)(1)(B) of the Social Security Act.
In compliance with Section 602(c)(1)(B) and 603(c)(1)(B) of the Social Security Act cited
above, all employees to receive said premium pay meet the following conditions:
All employees are employees of a local government and were needed to maintain
continuity of operations of essential critical services and therefore meet the definition
of eligible worker.
All employees performed essential work that was not performed while teleworking
from a residence and included regular in-person interactions with the public and/or
co-workers and included regular physical handling of items that were handled, or
were to be handled, by the public or coworkers.
Payment of premium pay is in response to eligible workers doing essential work
during the public health emergency during the time period of April 1, 2020, to March
31, 2021.
The average hourly payment is substantially less than the $13 per hour threshold
and does not exceed $25,000 to any single eligible employee.
All eligible employees are employees who are not exempt from FLSA overtime
provisions.
SECTION 2.
Funds in the amount of four hundred twenty-four thousand, three hundred thirty-two
Dollars ($424,332) are hereby authorized for payment from Project No. CI-2113 – American
Rescue Plan Act, for purposes of retroactively compensating eligible civilian (non-sworn)
Classified Group A eligible employees with premium pay.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED: July 10, 2023
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
__________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
________________________
ACTING CITY CLERK
City Clerk's Office Item # M1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 10, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Nicholas Gradisar, Mayor
A RESOLUTION AUTHORIZING PAYMENT OF FUNDS IN THE AMOUNT OF
SUBJECT:
FOUR HUNDRED TWENTY-FOUR THOUSAND, THREE HUNDRED THIRTY-
TWO DOLLARS ($424,332) FROM PROJECT NO. CI-2113 - AMERICAN RESCUE
PLAN ACT, FOR PURPOSES OF COMPENSATING WITH PREMIUM PAY THOSE
ELIGIBLE CLASSIFIED GROUP A EMPLOYEES OF THE CITY’S GENERAL
SERVICES DEPARTMENTS, WHO PERFORMED ESSENTIAL WORK DURING
THE COVID-19 PUBLIC HEALTH EMERGENCY, AS AUTHORIZED BY SECTION
603(G)(2) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE
31 CFR 35.6(C)
SUMMARY:
This Resolution authorizes the payment of “premium pay” to eligible civilian (non-sworn)
Classified Group A employees of the City’s General Services Departments who
performed “essential work” during the COVID-19 public health emergency. The
premium pay shall be $1.50 per hour for every regular and overtime hour worked plus
the employee’s cost of 1.45% for Medicare contribution during the review period.
Eligible employees are considered those who were actively employed during the time
period April 1, 2020, through March 31, 2021, as a Classified Group A General Service
employee who worked in a public-facing capacity or who provided emergency services
dispatch services for the majority of work hours during the review period as reviewed
and certified by Department Directors.
Only those determined to meet the service eligibility criteria requirements above and
who remain actively employed as a civilian (non-sworn) Classified Group A employee
as of the date of this Resolution will be eligible to receive the premium pay. Employees
subsequently promoted out of the Classified Group A employee category or have
transferred to sworn Police or Fire service are not eligible to receive the premium pay.
Sworn police and Fire personnel who are also Classified Group A employees shall not
be eligible to receive this premium pay as similar pay was granted to eligible employees
within that employee group under a previously approved City Council Resolution.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established
Project No. CI-2113 and budgeted and appropriated up to $36.7 million in funds which
were expected to be distributed to the City from the American Recovery Plan Act
(“ARPA”) for covered costs and eligible expenses to be incurred during the period
which began on March 11, 2021 (the date ARPA became law) until December 31, 2024
(to be expended by December 31, 2026).
BACKGROUND:
On March 11, 2021, President Biden signed the U.S. Senate-amended H.R. 1319 (P.L.
117-2) now known as ARPA and on May 10, 2021, the U.S. Treasury issued the Interim
Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
(“CFR”). Under the Interim Final Rule, recipients may use Coronavirus State and Local
Fiscal Recovery Funds (“CSLFRF”) to retroactively provide premium pay to eligible
employees who performed essential work during the COVID-19 public health
emergency. See CSLFRF Frequently Asked Questions No. 5.3.
Statistics demonstrate that the COVID-19 pandemic was especially devastating to the
City and surrounding areas of Pueblo County during the time period the premium-pay
eligible services were performed:
The infection rate of the Pueblo County population was the second highest in
the state at 12.1% (only .3% less than Adams County);
Pueblo County suffered the highest death rate in the state, with 2.1% of positive
cases resulting in death;
Pueblo County accounts for just under 3% of Colorado’s population, but 6% of
the state’s COVID-19 deaths occurred here.
Certain employees on the frontline in the City’s General Services Departments faced
the brunt of the pandemic first-hand when providing critical public services:
48% of the civilian (non-sworn) Classified Group A employees within General
Services Departments had a documented positive exposure with 22% of the
group ultimately testing positive during the review period.
This segment of the workforce was impacted by three reported department
outbreaks with other General Services departments missing the official outbreak
criteria by a slim margin.
FINANCIAL IMPLICATIONS:
The following chart breaks down the number of eligible employees by department for
the proposed premium pay (reflects current department assignment):
Department Number of Eligible Employees
Airport 8
City Attorney 1
City Clerk 2
Civil Service 1
Finance 3
Fire (civilians) 1
Fleet 6
Housing 2
Information Technology 5
Municipal Court 5
Parking Facilities 1
Parks & Recreation 26
Police (civilians) 21
Planning 4
Purchasing 1
Public Works 36
Stormwater 10
Wastewater 31
TOTAL
164
Calculation
Grand total of hours worked (includes regular and overtime hours) = $274,915
274,915 hours x $1.50 = $412,373
$412,373 x 2.9% Medicare = $424,332
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
If this Resolution is approved, the premium pay would be granted to members of the
Pueblo Association of Government Employees (PAGE) collective bargaining unit.
PAGE leadership has been involved with the creation of this proposal and is supportive
of the City granting this pay in recognition of the critical work performed by the union’s
eligible members during the COVID-19 public health emergency.
ALTERNATIVES:
City Council could decide not to use ARPA funds to retroactively compensate eligible
civilian (non-sworn) Classified Group A employees of the City’s General Services
Departments with premium pay.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
None