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HomeMy WebLinkAbout14117 RESOLUTION NO. 14117 A RESOLUTION APPROVING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO RESCUE MISSION, A COLORADO NONPROFIT CORPORATION, FOR THE MANAGEMENT OF THE BUILDING LOCATED AT 901 W. 9TH STREET, PUEBLO, COLORADO 81003 FOR USE AS A TEMPORARY OVERNIGHT WARMING SHELTER AND APPROVING AND RATIFYING THE SIGNATURE OF THE VICE PRESIDENT OF THE CITY COUNCIL TO SAID AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Services (“Agreement”) dated effective December 1, 2018 between the City of Pueblo, a Colorado Municipal Corporation and Pueblo Rescue Mission, a Colorado nonprofit corporation, a copy of which attached hereto, having been approved as to form by the City Attorney is hereby approved and ratified. The signature of the Vice President of the City Council to said Agreement is hereby approved and ratified and the Acting City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Resolution and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED December 10, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING DEPUTY CITY CLERK City Clerk’s Office Item # M-13 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 10, 2018 TO: President Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: A RESOLUTION APPROVING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO RESCUE MISSION, A COLORADO NONPROFIT CORPORATION, FOR THE MANAGEMENT OF THE BUILDING LOCATED AT 901 W. 9TH STREET, PUEBLO, COLORADO 81003 FOR USE AS A TEMPORARY OVERNIGHT WARMING SHELTER AND APPROVING AND RATIFYING THE SIGNATURE OF THE VICE PRESIDENT OF THE CITY COUNCIL TO SAID AGREEMENT SUMMARY: Attached is a proposed Resolution which approves and ratifies an agreement with Pueblo Rescue Mission, a Colorado nonprofit corporation, to manage and operate the building located at 901 W. th 9 Street, Pueblo, Colorado 81003 (“Overnight Warming Shelter”) for use as a temporary overnight warming shelter for the City’s homeless population. PREVIOUS COUNCIL ACTION: On November 26, 2018, by Ordinance No. 9384, the City Council declared a temporary housing and shelter emergency for the homeless residents of the City of Pueblo. BACKGROUND: An overnight warming place for homeless adults in the City of Pueblo does not currently exist and extreme cold night temperatures pose significant dangers to the health of the City’s homeless persons. Council Member Mark Aliff has been working to address this emergency and it is his th recommendation that the building located at 901 W. 9 Street be used as an emergency overnight warming shelter on a temporary basis. It is necessary to retain an experienced organization to manage and operate the Overnight Warming Shelter while it is leased by the City. Pueblo Rescue Mission has agreed to enter into such an agreement with the City of Pueblo. This Resolution approves and ratifies the agreement with Pueblo Rescue Mission. Due to the current warming shelter emergency, City Council Vice President Ed Brown executed the subject Agreement effective December 1, 2018. FINANCIAL IMPLICATIONS: City Council has previously appropriated $250,000 from the City’s 2018 budget to address the immediate need for a temporary warming shelter for the City’s homeless population. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Council Member Aliff has met with local governmental entities and non-profit organizations to address this housing and shelter emergency for the City’s homeless residents. ALTERNATIVES: If this Resolution is not approved, homeless adults residing in the City will be forced to endure below freezing temperatures when they are outdoors due to the lack of an overnight warming shelter. RECOMMENDATION: Approve the Resolution. Attachments: Proposed Resolution and executed agreement with Pueblo Rescue Mission. AGREEMENT FOR SERVICES THIS AGREEMENT for warming shelter services ("Agreement") is made and entered into with an effective date of December 1, 2018, by and between the City of Pueblo, Colorado, a Colorado Municipal Corporation, hereinafter referred to as the "City" and the Pueblo Rescue Mission, a Colorado nonprofit corporation,hereinafter referred to as the"Contractor." WITNESSETH THAT: WHEREAS, the City desires to retain Contractor to manage and operate a temporary warming shelter located at 901 W. 9th Street, Pueblo,CO 81003, for the City's homeless residents, from December 1,2018 through April 30, 2019("Project"); and WHEREAS, Contractor has represented to the City that is duly qualified, eligible and willing to undertake the Project and/or the services identified herein and in the Scope of Services attached hereto. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein,the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES; RESPONSIBILITIES OF CONTRACTOR (a) Contractor agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonably 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) Contractor warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Contractor'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 identified in Exhibit "C" hereto; and (iv) that it is accepting fmancial 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 on behalf of the City in connection with the performance of this Agreement and the disbursement of funds in connection with the Project. In the absence of such a designation, the City Manager(or the Mayor, as applicable) shall be deemed as City's authorized representative. 3. CONTRACTOR'S COMPENSATION AND METHOD OF PAYMENT (a) The City will pay to Contractor an amount up to that specified in subparagraph (b) of this section as full compensation for all services and work to be performed or undertaken by Contractor under this Agreement. Payment of funds to Contractor is subject to all of the following requirements, which shall be conditions precedent to payment; (i)that Contractor has expended funds for eligible approved expenditures; (ii) that Contractor is not in default of any material provision of this Agreement nor applicable law or regulation; (iii) that Contractor has timely submitted requests for payment or 1 reimbursement detailing the eligible payment or reimbursement items in a format approved by City; (iv) that Contractor has certified with each payment or reimbursement request is in compliance with the requirements identified in Exhibit "B" and that all expenditures for which reimbursement is sought were made for and in furtherance of the Project. (b) The aggregate of all payments made hereunder shall not exceed and Seventy Five Thousand Five Hundred Ninety-Eighty and 00/100 dollars(U.S. $75,598.00). (c) City shall pay Contractor$75,598.00 according to the following schedule: Amount Date $30,241.00 Within ten (10) days after execution of this Agreement $15,119.00 02-01-19 $15,119.00 03-01-19 $15,119.00 04-01-19 4. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2018 to April 30, 2019 unless sooner terminated as herein provided. 5. TERMINATION OF AGREEMENT (a) For Cause: This Agreement may be terminated by City for cause, including any nonperformance by the Contractor, upon ten (10) days written notice to Contractor including a statement of the reasons therefore, provided that Contractor is given the opportunity,within ten(10)days after said written notice, to cure such default or nonperformance. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Contractor. (b) For Convenience: This Agreement may not be terminated for convenience by either party. This Agreement shall automatically terminate at the end of its term as well as in the event of any termination for cause by the City. (c) Post Termination Procedures: In the event of termination, all property acquired by Contractor with City funds shall immediately become the sole and separate property of the City and the Contractor shall perform all acts and execute all instruments necessary to transfer and assign such property to the City. 6. ASSIGNABILITY This Agreement shall not be assigned or transferred by the Contractor 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 Contractor 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 benefit (other than reasonable and customary salaries 2 and benefits) from the activity or activities of the Project, 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. 8. CONTRACTOR RECORDS Contractor 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 Finance Department. The Contractor agrees to comply with all applicable uniform administrative requirements required by law. The Compliance Provisions attached as Exhibit "B" hereto are made a part of this Agreement and Contractor agrees to perform and comply with same. The City and its authorized representatives shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Contractor which relate to this Agreement for making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may require all Contractor'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 Contractor to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with the City's applicable monitoring and evaluation criteria and standards. The City shall, in City's sole discretion, review the Contractor's performance using on-site visits and personal, telephonic and email contacts with the Contractor as necessary. Contractor shall fully cooperate with the City in all matters relating to such monitoring and evaluation. 10. CONTRACTOR FILES AND INFORMATION REPORTS The Contractor 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 Contractor for a period of three(3)years after the completion of the Project. 11. INDEPENDENCE OF CONTRACTOR Nothing herein contained nor the relationship of Contractor to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Contractor or any of Contractor's agents or employees the agents or employees of the City. Contractor 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, Contractor 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 Contractor or by the conditions created thereby. Contractor further agrees to indemnify and save harmless the City, its officers, agents and employees and insurers, from and against 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 Contractor or out of any violation by Contractor of any statute, ordinance,rule or regulation. 3 (b) Contractor 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 subsection(c). (c) The minimum insurance coverage which Contractor shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General Liability Insurance with limits not less than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One Million and No/100 Dollars($1,000,000)per occurrence for personal injury, including but not limited to death and bodily injury, and Five Hundred Thousand and No/100 Dollars ($500,000) per occurrence for property damage. (d) Contractor shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to Contractor. Both said certificate of insurance and the policy procured by Contractor shall contain a waiver of subrogation of claims against the City. 13. CERTIFICATIONS The Contractor agrees to execute and abide by the certifications contained in Exhibit"C"hereto,which are hereby made a part of this Agreement. 14. REVERSION OF FUNDS Upon expiration of the term of this Agreement, or upon any prior termination, Contractor shall transfer to City any unspent 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. 15. APPLICABLE SPECIAL REQUIREMENTS TO IMPROVEMENTS TO PROPERTY No improvements shall be undertaken to real property with funds(or reimbursement)provided hereunder. 16. 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 Contractor or City under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit D and submit the completed form to City's Finance Department as part of the signed Agreement. 17. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK. (A) At or prior to the time for execution of this Agreement, Contractor shall submit to the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that the Contractor will participate in either the "E-Verify Program" created in Public Law 208, 4 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §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 hired for employment to perform work under this Agreement. (B) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (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 Agreement. (C) The following state-imposed requirements apply to this Agreement: (i) The Contractor shall have confirmed the employment eligibility of all employees who are hired for employment to perform work under this Agreement 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 Agreement is being performed. (iii) If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien,the Contractor shall be required to: (a) Notify the subcontractor and 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 "CDLE") 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 18 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) As used in this Section 18, the terms "subcontractor" shall mean any subcontractor of Contractor rendering services within the scope of this Agreement. 18. ENFORCEMENT OF THIS AGREEMENT AND LITIGATION In the event of any litigation arising under this Agreement, the court shall award to, and the prevailing party shall 5 recover its costs together with all internal and out-of-pocket expenses of any kind relating to the litigation including, but not limited to, reasonable attorney fees. Venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party hereby submits to the personal and subject matter jurisdiction of such District Court. To the full extent allowed by law,each party waives its right to a jury trial. 19. ENTIRE AGREEMENT; AMENDMENTS The provisions set forth in this Agreement, and all 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 Contractor and City. 20. SIGNATURES The persons signing this Agreement on behalf of Contractor represent and warrant that such persons and Contractor have the requisite power and authority to enter, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Contractor enforceable against Contractor in accordance with its terms. 21. MISCELLANEOUS PROVISIONS (a) If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Agreement which shall remain in full force and effect. (b) Time is of the essence hereof. (c) Each party acknowledges that this Agreement was fully negotiated by the parties and, therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. (d) The provisions of this Agreement are for the exclusive benefit of the parties hereto and their successors and permitted assigns, and no third party shall be a beneficiary, or have any rights by virtue of, this Agreement. (e) This Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed for all purposes to be an original, and all such counterparts shall together constitute but one and the same original. (f) This Agreement shall be construed in accordance with and be governed by the laws of the State of Colorado without regard to conflict of law principles. (g) Any notices hereunder shall be sufficiently given if given in writing personally or mailed by first class, registered, or certified mail, postage prepaid, addressed: (a) if to City, City Manager or Mayor, as applicable, City of Pueblo, 1 City Hall 6 Place, 2od Floor, Pueblo, Colorado, 81003, with copy to City Attorney, 1 City Hall Place, 3rd Floor, Pueblo, Colorado, 81003, or (b) if to the Contractor, Attn: Kathy Cline, P.O. Box 9167, Pueblo, CO 81008 or to such other person or address as either party shall specify in written notice given to the other party pursuant to the provisions of this Section 22. Notice shall be effective (i) upon receipt if delivered personally, or(ii)three (3)business days after deposit in the mails, if mailed. IN WITNESS, WHEREOF, the Contractor and the City have executed this Agreement as of the date first above written in the City of Pueblo, Colorado. ATTEST: CITY OF PUEBLO,CO A MUNICIPAL CORPORATION By Nk City Clerk Ed Brown Vice President of City Council [SEAL] CONTRACTOR Pueblo Rescue Mission a Colorado nonprofit corporation By: laL Name: ir) fticw C Pas/iv Title: (h STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2 4 day of 7ecer"Scr , 2018 by (11 h4,, ( Nos/ov as 0, of Pueblo Rescue Mission, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: 5-) 1_ a.a [ SEAL ] .110111r -� . r 'ublic P DENNIS ZABUKOVIC NOTARY PUBLIC STATE OF COLORADO 7 NOTARY ID 19894015322 MY COMMISSION EXPIRES MARCH 11,2022 EXHIBIT A SCOPE OF SERVICES A. Principal Tasks The Contractor will be responsible for administering a warming shelter services program for homeless residents of the City. The Contractor will administer all tasks related to the aforesaid program in compliance with all applicable federal, state and local rules and regulations and in a manner satisfactory to the City. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted may only be made through a written amendment to this Agreement, executed by the Contractor and the City. B. Performance Monitoring: The City will monitor the performance of the Contractor as set forth in this Agreement. Substandard performance as determined by the City constitutes non-compliance with this Agreement. C. Time of Performance: Services shall start on the December 1, 2018 and end on the April 30,2019. 8 EXHIBIT B COMPLIANCE PROVISIONS INCORPORATED IN A CONTRACT FOR SERVICES 1. An accounting system using the accrual basis of generally accepted accounting principles which accurately reflects all costs chargeable(paid and unpaid)to the Project should the Project terminate the next day is mandatory. A receipts and disbursements ledger must be maintained. A general ledger with an income and expense account for each budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary. Paid invoices revealing check number,date paid and evidence of goods or services received are to be filed per the expense account they were charged. The City may review and approve Contractor's account system and internal controls prior to the release of funds. 2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence of a budget amendment. 3. A log listing all long-distance telephone calls must be maintained (showing date, city and agency called, person making call and person called). 4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the Project as determined by the City. All costs must be budgeted items. Request for advance or reimbursements of expenses must be accompanied by: a. Original invoice marked with funding source b. Detailed listing of each expense showing: i) recipient ii) brief description of purchase iii) amount with method of computation detailed 5. All employees handling funds are required to be insured by a fidelity bond. 6. The City shall not be obligated to any third parties of the Contractor. Each contractor is further cautioned against obligating funds beyond the contract date of the Agreement between the City and the Contractor. 7. The Contractor will furnish the City such statements, records, data and information, and permit such interviews with personnel as the City may request to effectively monitor and evaluate the Project. 8. City auditors may make interim audits and may,upon completion of the project,make a final audit. 9. All records must be retained by the Contractor for a period of three years following the last day of this Agreement and each of Contractor's subcontracts. Cost summary reports must reflect actual general ledger balances. 9 EXHIBIT C CERTIFICATIONS Contractor hereby certifies that the Project will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seg.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968,as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063,as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they relate to the acceptance and use of federal funds under this federally-assisted program; (13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506(c)and(d)]; (14) HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; 10 (15) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349) as amended;particularly section 1424(e)(42 U.S.C. 300(h)-303 (e)); (16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not limited to section 7(16 U.S.C. 1536)thereof; (17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. Seq.) As amended; particularly section 7(b)and(c) [16 U.S.C. 1278 (b)and(c)]; (18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16 U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974; (19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections 102(a)and 202(a) [42 U.S.C. 4012a(a)and 4106(a)]; (20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.); particularly sections 2 and 5; (21) Contractor will comply with the Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.); (22) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106(16 U.S.C. 470f);and (23) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.);particularly section 2(c). (24) No City funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. (25) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA). 11 EXHIBIT D COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., 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 to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_,No$, . b) If you answered"yes"to(a) above, please answer the following question: Are you an individual, sole proprietor or partnership,or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No If you answered"yes"please state which of the above entities best describes your business: c) If you answered "yes" to both (a) and (b), 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 both (a)and(b),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. Signed ,20 By: Name: Title: For purposes of responding to question(b)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. 12 ADDITIONAL REPORTING REQUIREMENTS Pueblo Rescue Mission Contractor must submit the following forms and/or information with this signed Agreement. A. Board of Directors Roster; B. Staff Roster; C. Budget. Contractor must submit the following forms and information with each request for disbursement of funds. A. Request for reimbursement form; B. Copies of canceled checks; C. Copies of invoices or receipts; D. Signed payroll sheets; Requests for disbursements of City funds will not be processed until all necessary information and forms are complete. Incomplete requests will be returned to the agency. 13