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01-10-2022 Agenda Packet
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01-10-2022 Agenda Packet
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Page 1 of 4 <br />BILL NO. 01-22 <br />ORDINANCE NO. __________________ <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROPRIATING TWO MILLION FIVE HUNDRED THOUSAND <br />DOLLARS ($2,500,000) FROM SOUTH BEND’S AMERICAN RESCUE PLAN (ARP) <br />FUND (#263) FOR PREMIUM PAY FOR ELIGIBLE EMPLOYEES PERFORMING <br />ESSENTIAL WORK, PURSUANT TO FEDERAL GUIDELINES UNDER THE <br />AMERICAN RESCUE PLAN ACT <br />_____________________________________________________________________________ <br />STATEMENT OF PURPOSE AND INTENT <br />_____________________________________________________________________________ <br />The American Rescue Plan Act of 2021 (“ARP Act”) was established on March 11, 2021, <br />to provide financial assistance to entities and industries affected by the COVID-19 pandemic (42 <br />U.S.C. §§ 602 and 603). The U.S. Department of Treasury issued an Interim Final Rule (31 C.F.R. <br />Part 35, Subpart A) effective May 21, 2021, governing use of such funds by local governments. <br />Pursuant to Section 9901 of the ARP Act, funds were to be distributed to state and local <br />governments to compensate for the adverse effects of the COVID-19 pandemic. Under the Interim <br />Final Rule, an approved use of the ARP Act funds by local government is the payment of premium <br />pay to eligible employees of the local government who performed essential work in mitigating or <br />responding to the COVID-19 public health emergency. <br />Under the Interim Final Rule, “[e]ssential work means work that: (1) [i]s not performed <br />while teleworking from a residence; and (2) [i]nvolves: (i) [r]egular in-person interactions with <br />patients, the public, or coworkers of the individual that is performing the work; or (ii) [r]egular <br />physical handling of items that were handled by, or are to be handled by patients, the public, or <br />coworkers of the individual that is performing the work.” (31 C.F.R. § 35.3) <br />The Mayor of South Bend has identified the following City employees as eligible for <br />premium pay under the ARP Act: 1) all members of the Fraternal Order of Police Lodge 36; 2) all <br />members of the South Bend Firefighters Association Local No. 362 of the International <br />Association of Firefighters AFL-CIO; 3) all members of Teamsters Local Union No. 364 Affiliated <br />with the International Brotherhood of Teamsters of America; and 4) certain non-bargaining <br />officers and employees of the City of South Bend who qualify for premium pay under the rules <br />and regulations of the ARP Act.
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