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HomeMy WebLinkAbout11705RESOLUTION NO. 11705 A RESOLUTION APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND POSADA, INC., A COLORADO NON- PROFIT CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Agreement dated September 28, 2009 between Posada, Inc., a Colorado Non - Profit Corporation and the City of Pueblo, a Municipal Corporation, (`the Agreemenf'), for delivery of community development services for the prevention of homelessness in our community, a copy of which is attached and incorporated herein, is hereby approved in substantially the same form, with such minor changes therein as shall be approved by the President of City Council and the City Attorney. SECTION 2. The President of the City Council is hereby authorized to execute 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. INTRODUCED: September 28, 2009 AT7ESTDD SY: CITY CLERK BY: Michael Occhiato COUNCILPERSON APPR D' 40, �. PRESIDENTof City Council Background Paper for Proposed RESOLUTION AGENDA ITEM # M -6 DATE: September 28, 2009 DEPARTMENT: HOUSING AND CITIZEN SERVICES/ ADA RIVERA CLARK TITLE A RESOLUTION APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND POSADA, INC., A COLORADO NON - PROFIT CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. ISSUE Should the City Council award an Agreement with Posada, Inc. to provide services under the Homelessness Prevention and Rapid Re- Housing Program (HPRP) grant and budget and appropriate funds for the services? RECOMMENDATION Approval of the Resolution. BACKGROUND Under the American Recovery and Reinvestment Act of 2009, the City received a HPRP grant, in the amount of $678,970. A Request for Proposals was issued in August 2009. A proposal was received from Posada, Inc., acting as the lead agency in a collaborative composed of Catholic Charities and Colorado Legal Services. The requirements of the grant are such that an agency with prior experience with the U.S. Department of Housing and Urban Development's (HUD) HMIS reporting system was required. This requirement was driven by the amount of funding available for the administration of the program, which was capped at 5% of the grant ($33,948.50) for the 3 —year period, which is to be shared between the grantee and its subgrantee. The proposal was scored for qualifications and experience, as well as the capacity to work with the HMIS system and provide increased homeless case management. This was the only proposal received, as anticipated. Posada, Inc., is the only homeless supportive services provider in Pueblo. It has past experience working with the State's Continuum of Care and has been a recipient of McKinney -Vento Homeless Assistance Act funds for its programs through the Office of Special Needs Housing at HUD. FINANCIAL IMPACT The services shall be paid for from the Homelessness Prevention and Rapid Re- Housing Program (HPRP) already awarded by HUD and accepted by the City. AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES - (Subrecipient Agreement) (non - profit entity) CFDA — 14.257 THIS AGREEMENT ( "Agreement ") is made and entered into this 28th day of September, 2009 by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City" and Posada, Inc., 1010 N. Grand, Pueblo, CO 81003, hereinafter referred to as the "Subrecipient" for HomeleNsness Prevention and Rapid Re- Housing Program (HPRP). WITNESSETH THAT: WHEREAS, the City has entered into grant agreements with the U.S. Department of Housing and Urban Development ( "HUD ") whereby federal financial assistance may be made available to the City under Title XII of the American Recovery and Reinvestment Act of 2009 ( "Recovery Act "), as amended to date: and WHEREAS, pursuant to such &rant agreements the City is providing financial assistance for homelessness prevention services described in the Scope of Services; and WHEREAS, the City desires to disburse funds to the Subrecipient to execute certain projects and /or perform certain services in connection with such undertaking of the City; and WHEREAS, Subrecipient has represented to the City that it is duly qualified, eligible and willing to undertake certain projects and /or services identified herein and in the Scope of Services attached hereto;and NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: SCOPE OF SERVICES: RESPONSIBILITIES OF SUBRECIPIENT a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonable necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions of this Agreement. b) Subrecipient warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder; (ii) that it is duly organized as a non -profit organization under state law and is in good standing with the Secretary of State of Colorado; (iii) that it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of Title X11 of the American Recovery and Reinvestment Act of 2009 ( "Recovery Act ")and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. 2. RESPONSIBILITIES OF THE CITY The City shall designate a representative of the City who will be authorized to make all necessary decisions required of the City on behalf of the City in connection with the performance of this Agreement and the disbursement of funds in connection with the program. In the absence of such a designation, the City Manager shall be deemed as City's authorized representative. 3. SUBRECIPIENT'5 COMPENSATION AND METHOD OF PAYMENT (a) The City will pay to Subrecipient an amount up to that specified in subparagraph (c) of this paragraph as full compensation for all services and work to be performed or undertaken by Subrecipient under this Agreement. Payment of funds to Subrecipient is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that Subrecipient has expended funds for eligible approved expenditures, (it) that Subrecipient is not in default of any material provision of this Agreement nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for payment or reimbursement detailing the eligible payment or reimbursement items in a format approved by City, (iv) that Subrecipient has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is sought were made for and in furtherance of an approved project and are an eligible use of federal assistance under the Act and federal regulations, and (v) that City has timely received from HUD sufficient federal assistance under the Act to make the payment or reimbursement hereunder. (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable HUD regulations including but not limited to those at 24 CFR Part 84.22 and 24 CFR Part 85.2 1, and OMB Circulars A -87 and A -122, and 2 CFR Parts 225 and 230, as presently promulgated and as same may be revised from time to time in the future, all other terms of this Agreement, and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in Title XII of the American Recovery and Reinvestment Act of 2009 ( "Recovery Act "). (c) The aggregate of all payments made hereunder shall not exceed Six - Hundred Sixty -Two 'Chousand Twentv -Six and 00 /100 dollars (U.S. $662,026). (d) Upon expiration of the term of this Agreement or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 4. TERM OF AGREEMENT The term of this Agreement shall be from September 28, 2009 to June 1, 2011 unless sooner terminated as herein provided. TERMINATION OF AGREEMENT (a) For Cause: This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefore, and after an opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the City's Director of Housing and Citizen Services whose decision shall be final. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. In accordance with 24 CFR 84 and 85, cause for termination shall include any material failure by Subrecipient to comply with any term of this Agreement. (b) For Convenience: This Agreement may be terminated for convenience in accordance with the provisions of 24 CFR 85.44. This Agreement shall automatically terminate at the end of its term as well as in the event of any suspension, reduction or non - receipt of Homelessness Prevention and Rapid Re- Flousing funds by City. (c) Post Termination Procedures In the event of termination, all property acquired by Subrecipient with grant funds, all grant funds, program income, and loans originated with grant funds or by payments therefrom and payments received under such mortgage loans held, owned or retained by the Subrecipient shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, income, and mortgage loans to City. All finished or unfinished documents, data, studies, reports, and work product prepared by the Subrecipient under this Agreement or with grant fiords shall, at the option of the City, become City's property and the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work completed for which compensation has not previously been paid nor reimbursement made. G. ASSIGNABILITY This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. 7. CONFLICT OF INTEREST The Subrecipient certifies and warrants that neither it nor any members of its Boards of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations including but not limited to those set forth in 24 CFR 84.42 as presently promulgated and as same may be revised from time to time in the future. 8. SUBRECIPIENT RECORDS Subrecipient shall maintain records as to all services provided, reimbursable expenses incurred in performing the Scope of Services and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in Title XII of the American Recovery and Reinvestment Act of 2009 ( "Recovery Act "). The Compliance Provisions attached as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The City, HUD, and Comptroller General of the United States, the Inspector General of HUD and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipient which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end 3 of the term of this Agreement, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to City. 9. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and performance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, City's and other applicable monitoring and evaluation criteria and standards. The City shall quarterly review the Subrecipient's performance using on -site visits, progress reports required to be submitted by the Subrecipient, audit findings, disbursements transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish to the City monthly or quarterly program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City relating to such monitoring and evaluation. to. SUBRECIPIENT FILES AND INFORMATION REPORTS The Subrecipient shall maintain files containing information which shall clearly document all activities performed in conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by the Subrecipient for a period of four years after the completion of the project. Activity reports shall be submitted monthly, quarterly, and annually. Quarterly reports shall be submitted no later than the following dates: 1. Initial Performance Report: 2. First Quarter 2010: 3. Second Quarter 2010: 4. Third Quarter 2010: 5. Fourth Quarter 2010: 6. Annual Performance Report 7. First Quarter 2011: 8. Second Quarter 2011: 9. 'third Quarter 2011: 10. Fourth Quarter 2011: It. 2 id Annual Performance Report October 5, 2009 January 5, 2010 April 5, 2010 June 7, 2010 October 6, 2010 November 1, 2010 January 5, 2011 April 5, 2011 June 7, 2011 October 5, 2011 November 1. 2011 11. INDEPENDENCE OF SUBRECIPIENT Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Subrecipient or any of Subrecipient's agents or employees the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 12. LIABILITY. INSURANCE (a) As to the City, Subrecipient agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by Subrecipient or by the conditions created thereby. Subrecipient further agrees to indemnify and save harmless the City, its officers, agents and employees, from and 4 against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Subrecipient or out of any violation by Subrecipient of any statute, ordinance, rule or regulation. (b) Subrecipient agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any; of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom: and such insurance will provide for coverage in such amounts as set forth in subparagraph (c). (c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000) per occurrence for property damage. (d) In the event Subrecipient's obligations under this Agreement are secured by a deed of trust or mortgage instrument as provided in paragraph 14 (c) of this Agreement, Subrecipient agrees to procure and maintain, at its own expense, hazard and fire insurance upon the property described in said deed of trust on an all risk form in such amounts of all liens against the property and the amount of funds provided by City pursuant to this Agreement. Subrecipient shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to Subrecipient. Both said certificate of insurance and the policy procured by Subrecipient shall name the City as a loss payee. 13. CERTIFICATIONS The Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby made a part of this Agreement. 14. PROGRAM INCOME; REVERSION OF ASSETS (a) Unless otherwise authorized by City in writing, all program income shall be returned to City within 30 days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the amount of grant funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR 570.504(b)(2)(i) and (ii) (b) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 5 (c) Any real property under Subrecipient's control that was acquired or improved in whole or in part with funds provided pursuant to this Agreement shall either (i) be used to meet one of the national objectives set forth in 24 CFR 570.208 until ten years after expiration or termination of this Agreement, or (ii) not be used in accordance with subparagraph (c)(i), in which event Subrecipient shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of funds not provided under this Agreement for the acquisition of, or improvement to the property. The use restriction and repayment obligation set forth in this subparagraph shall survive termination or expiration of this Agreement and shall be fully enforceable and subject to collection by City or HUD in accordance with applicable laws. If requested by City, Subrecipient shall execute a deed of trust or mortgage instrument which shall be and constitute a lien upon all real property acquired or improved with funds provided hereunder, and which shall secure all obligations of Subrecipient hereunder. (d) in the event City incurs any costs or expenses in enforcing the requirements of this Paragraph 14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorney's fees. 15. SPECIAL REOUIREMENTS APPLICABLE, TO IMPROVEMENTS TO PROPERTY (a) In addition to all procurement requirements otherwise applicable to Subrecipient pursuant to any other provision of this Agreement or pursuant to any requirement of law or regulation incorporated in this Agreement by reference, if any portion of the funds provided to Subrecipient under this Agreement is to be used for making improvements to real property, including new construction, rehabilitation, or remodeling, then in such event Subrecipient shall comply with all requirements of this Paragraph 15. (b) No improvements shall be undertaken to real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefore have been prepared by a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in the state of Colorado; (ii) such plans and specifications have been filed with the City and approved by both the City's designated representative and the City's Director of Public Works; and (iii) all construction contracts for improvements for which payment is sought from City shall have been awarded only after an open, competitive bidding process which has been approved by City's Director of Purchasing and which allows qualified contractors to reasonable participate in the competitive bidding procedures. (c) If this Paragraph 15 is applicable, no disbursement of funds to Subrecipient shall be made by City hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and Subrecipient files with City's Director of Housing and Citizen Services a written request for payment signed by an officer of Subrecipient that certifies (i) that the amounts included in the request for payment have not been included in any prior request for payment, and (ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefore. (d) In every contract for construction of improvements for which payment or reimbursement from City is to be provided under this Agreement, Subrecipient shall include a contract clause or clauses, approved by City's Director of Purchasing, requiring the contractor, and all of the contractor's subcontractors of all tiers, to comply with the requirements of the Davis -Bacon Act and implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as determined by the U.S. Department of Labor. 6 16. RECOGNITION OF HUD, CITY In all printed materials, project descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided by U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of HUD and City in all such printed materials and project signage, if any. 17. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the °E- Verify Program" created in Public Law 208, 104 ° i Congress, as amended and expanded in Public law 156, 108 ° i Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department "Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (II) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this Contract (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (111) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required W A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as ACDLE @) made in the course of an investigation that CDLE is undertaking pursuant to its authority under ' 8 -17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E- Verify Program. 18. PERA LIABILITY The Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit D and submit the completed form to Finance Office as part of the signed Agreement. 19. SOLE SOURCE GOVERNMENT CONTRACTS: LIMITATIONS UPON CAMPAIGN CONTRIBUTIONS (a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated into this agreement by reference. Sections 15 and 17 of Article XXVIII of the Colorado Constitution provide as follows: Section 15: Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. Section 17: (1) Every sole source government contract by the state or any of its political subdivisions shall incorporate Article XXVIII, Section 15, into the contract. Any person who intentionally accepts contributions on behalf of a candidate committee, political committee, small donor committee, political party, or other entity, in violation of Section 15 has engaged in corrupt misconduct and shall pay restitution to the general treasury of the contracting governmental entity to compensate the governmental entity for all costs and expenses associated with the breach, including costs and losses involved in securing a new contract if that becomes necessary. If a person responsible for the bookkeeping of any entity that has a sole source contract with a governmental entity, or if a person acting on behalf of the governmental entity, obtains knowledge of a contribution made or accepted in violation of Section 15, and that person intentionally fails to notify the Secretary of State or appropriate government officer about the violation in writing within ten business days of learning of such contribution, then that person may be contractually liable in an amount up to the above restitution. (2) Any person who makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. (3) The parties shall agree that if a contract holder intentionally violates Section 15 of Section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. The governor may temporarily suspend any remedy under this section during a declared state of emergency. (4) Knowing violation of Section 15 or Section 17(2) by an elected or appointed official is grounds for removal from office and disqualification to hold any office of honor, trust or profit in the state, and shall constitute misconduct or malfeasance. (5) A registered voter of the state may enforce Section 15 or Section 17(2) by filing a complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the district court. (b) This section applies only to sole source government contracts and does not apply to any contract which used a public and competitive bidding process in which the City solicited at least three bids prior to awarding the contract. (c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations: 1. If during the term of the contract, contractor holds sole source government contracts with the State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a calendar year, then for the duration of this contract and for two years after, contractor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any political party or for the benefit of any candidate any elected office of the State or any of its political subdivisions; and 2. Contractor represents that contractor has not previously made or caused to be made, and will not in the future make or cause to be made any contribution intended to promote to influence the result of a ballot issue election related to the subject matter of this contract; and 3. Contractor will satisfy contractor's obligations to promptly report to the Colorado Department of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole Source Government Contract Summary" and "Contract Holder Information" forms regarding this contract and any other sole source government contracts to which contractor is a party, and shall contemporaneously provide a copy of such report(s) to City's Purchasing Agent; and 4. Contractor understands that any breach of this section or of Contractor's responsibilities under Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties and remedies; and 5. A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions for three years; and 6. By execution of this contract, Contractor hereby confirms it is qualified and eligible under such provisions to enter into this contract. (d) For purposes of this section, the term "contractor" shall include persons that control ten percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The term "immediate family member" shall include a spouse, child, spouse's child, son -in -law, daughter - in -law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in -law, brother - in -law, sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and phrases used in this section shall have the meanings defined in Article XXVIII of the Colorado Constitution. (e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction in an unappealable action, has been repealed retroactively or otherwise found to not apply to this contract or agreement, then the corresponding requirement or requirements of this section shall have no further force and effect, and shall not constitute a requirement of this contract, as of the date of such holding, declaration, repeal or determination. (f) As used in this Section, the term "Contractor" shall mean Posada, Inc. 20. ENTIRE AGREEMENT: AMENDMENTS The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provisions of this Agreement shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 21. SIGNATURES The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESS WHEREOF, the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: \ City erk [S E A Ll CITY OF PUEBLO, A MUNICIPAL CORPORATION By ` President of City Council 10 Subrecipient: Posada, Inc. ATTEST:: Signature Name: By _.._ Signature Name: ` /y��y( - -- Vr. Title: Board Secretary Title: Board President EXHIBIT A Scope of Services Subrecipient will carry out all activities as stated in its application for Homelessness Prevention and Rapid Re- Housing Program funding, which is incorporated herein as the scope of services to be provided, as Attachment A -1. Posada, Inc., is acting as the lead agency in a collaborative that includes Catholic Charities, Dioceses of Pueblo, and Colorado Legal Services. Posada, Inc., is the entity responsible for collecting all reporting materials on a timely basis and ensuring reporting of date into HMIS 12