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HomeMy WebLinkAbout09567 ORDINANCE NO. 9567 AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO ART GUILD, INC., A COLORADO NON-PROFIT, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WHEREAS, the City owns certain real property and facilities known as Mineral Palace Park, located at 1500-2100 N. Santa Fe Avenue, Pueblo, Colorado 81003; and WHEREAS, within this property, the City also owns a boathouse, located at 1500 N. Santa Fe Avenue; and WHEREAS, in 1963, the Pueblo Art Guild, Inc. was given permission from the City to use the Mineral Palace Park boathouse as an art gallery and meeting place for its membership; and WHEREAS, City is willing to enter this Lease Agreement to permit the Pueblo Art Guild to continue to lease and use the boathouse for the purpose of displaying and advancing artistic works in the City of Pueblo; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Lease Agreement dated October 15, 2019, by and between the City of Pueblo, a Municipal Corporation, and the Pueblo Art Guild, Inc., a Colorado non-profit corporation, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The Mayor is hereby authorized to execute and deliver said Lease Agreement on behalf of the City, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3: The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Lease Agreement to implement the transactions, policies and procedures described herein. SECTION 4: 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 September 23, 2019. Final adoption of Ordinance by City Council on October 15, 2019 . President of City Council Action by the Mayor: ☒ Approved on October 17, 2019 . □ 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 # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO ART GUILD, INC., A COLORADO NON-PROFIT, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: This Ordinance will approve a new Lease Agreement for a term of five-years with automatic annual renewals, replacing the expired lease agreement between the City of Pueblo and the Pueblo Art Guild, Inc. for property and facilities located in Mineral Palace Park, known as the former boathouse. PREVIOUS COUNCIL ACTION: City Council approved the original Lease Agreement through Resolution No. 3100 on April 23, 1973 and extended the lease agreement through Resolution No. 4950 on April 12, 1982. BACKGROUND: Pueblo Art Guild, Inc. was organized in 1959 and in 1963 was given permission from the City of Pueblo to use the historic former boathouse in Mineral Palace Park as an art gallery and meeting place. In 1973, the Guild was incorporated as a Colorado non-profit corporation. The original agreement was approved by Resolution on April 23, 1973 and extended on April 12, 1982 through June 30, 1988. FINANCIAL IMPLICATIONS: For over fifty-six years, Pueblo Art Guild, Inc. has been utilizing the historic former boathouse in Mineral Palace Park. The building has been open to the public at no charge so that Pueblo residents may view the artwork of local artists. The Guild has also maintained the cleanliness of the building through its use of volunteers. The City pays utilities for the building at less than $1,500 annually. The building is increasingly showing its age and will soon require repairs (roof replacement, new flooring, etc.). BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: The Pueblo Art Guild, Inc. membership met recently and wishes to continue the lease with the City. The letter requesting the continuation of the lease is attached hereto. ALTERNATIVES: Should Council choose not to approve the lease, the facility in Mineral Palace Park will become vacant and the Pueblo Art Guild, Inc. would have to find another site for their art gallery displays and meeting location. RECOMMENDATION: Approval of the Ordinance. Attachments: Ordinance Lease Agreement Exhibit A - Site Map Exhibit B - Proof of Insurance LEASE AGREEMENT This Lease Agreement ("Agreement") is made and entered into this 15th day of October 2019 ("Effective Date"), by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City"), and the Pueblo Art Guild, Inc., a Colorado non-profit corporation (hereinafter referred to as "Guild") (each individually a "Party" and together the "Parties"). RECITALS WHEREAS, City owns certain real property and facilities known as Mineral Palace Park, located at 1500-2100 N. Santa Fe Avenue, Pueblo, Colorado 81003 (the "Park"), including a boat house owned by City and located at 1500 N. Santa Fe Avenue (the "Boat House"); and WHEREAS, City is willing to enter into this Agreement to permit Guild to lease and use the Boat House for the purpose of displaying and advancing artistic works in the City of Pueblo in accordance with and subject to the terms and conditions hereof; NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties hereto, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: TERMS AND CONDITIONS 1. DEFINITIONS. As used herein, the following words and phrases shall have the following meanings: (a) "Director" means the City's Director of Parks and Recreation, or any person that the Director of Parks and Recreation may authorize to act in his or her stead. (b) "Leased Premises" means and includes the Boat House as outlined in red on the map and/or aerial photo attached to this Agreement as Exhibit A. This shall not include the restrooms on the south side of the building. 2. EXHIBITS TO AGREEMENT. (a) The following exhibits are attached and incorporated hereto as part of this Agreement: Exhibit A: Area Map with marked perimeter designating the Leased Premises Exhibit B: Certificates of Insurance Exhibit C: PERA Questionnaire (b) In the event of any conflict between the terms of this Agreement and any Exhibit made a part of this Agreement, these Terms and Conditions of the Agreement shall take precedence and control over all Exhibits. 3. GRANT OF EXCLUSIVE RIGHT TO OCCUPY AND OPERATE LEASED PREMISES. City grants to Guild the exclusive right to occupy, use, manage, and operate the Leased Premises for the purpose of an art gallery, including the display of works of art, the conducting of lectures,workshops, laboratories, and similar activities connected with the fine arts, including storage, to which the public shall be admitted free of charge and without discrimination as to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin. This exclusive right is subject to the City's right to enter the Leased Premises with or without notice to Guild to inspect the premises and to perform repairs. City will use good faith efforts to notify Guild of its need to enter the Leased Premises. The City reserves the right to use in whole or in part the Leased Premises for a polling place in all general and special elections, registration for summer recreation programs sponsored by City, and similar public uses. 4. TERM. (a) The initial term of this Agreement shall commence on October 15, 2019 and end on December 31, 2024("Term") unless sooner terminated pursuant to the terms of this Agreement. (b) This Agreement shall automatically renew for successive one-year terms, following the Term or any subsequent renewal term. Either Party may terminate this agreement upon thirty (30) written notice prior to the end of the Term or any renewal term. 5. RENT. No rental fee shall be charged to the Guild for the use of the Leased Premises except as herein stated, but if additional City facilities are found to be necessary, such as water, special police protection, or other additional or special facilities,then payment for such services may be required by City. All costs of operations shall be borne by the Guild. 6. UTILITIES. City shall be responsible for the cost of all utilities of the building, but not janitorial or Internet services. 7. PARKING. The City shall designate a limited space for parking near the Leased Premises. 8. MAINTENANCE OF LEASED PREMISES. (a) Guild shall operate, staff, manage, keep clean and sanitary the Leased Premises. The Guild agrees to keep the Leased Premises and exterior grounds free of litter and to maintain in a clean and tidy condition at all times. Guild shall perform these duties with reasonable care according to the highest standards. The Guild agrees to keep a competent person or persons on the premises in a supervisory or guardian capacity whenever the premises is in use and open to the public. City shall be responsible for the cost of maintenance of the building, including repairs to the roof, gutters, and structure of the building. Costs of routine maintenance shall be the responsibility of Guild. Whether the cost of maintenance is to be borne by the City of Guild shall be determined by City in its sole and absolute discretion. (b) The Guild agrees to conduct its operations upon the Leased Premises in a proper manner, and to enforce reasonable rules and regulations for good conduct on the part of all contributors, club members, and patrons. Guild shall provide all necessary security, including guards or other security, for protecting property and persons on the premises. The Leased Premises shall at all times remain under the authority of the City of Pueblo's Park Rangers and Police Department. 9. INSURANCE,INDEMNITY,AND RELEASES. (a) Insurance and Proof of Insurance. City shall maintain insurance on the Leased Premises and public liability insurance to protect patrons and the public from any hazards or dangers inherent in the structure itself. The Guild shall maintain adequate insurance upon all contents of the Leased Premises, including works of art. (b) Notices to City in Policies. Every insurance policy and certificate of insurance specified in subsection (a) of this Section shall contain a provision and/or special endorsement requiring that the Insurer notify the City in writing, in the manner provided in this Agreement, ten (10) days prior to any formal action being taken in the event that any such policy or coverage is revoked, terminated, rescinded, or lapsed. (c) Releases and Claims Waiver. Guild forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the City, its Enterprises, controlled Nonprofit Corporations, their officers, agents, independent contractors,and employees("Released Parties") in any court or tribunal, based on tort,statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Guild, its officers, agents, independent contractors, or employees may suffer, related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (d) Guild Covenants Not to Sue. Guild shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on tort, statute, violation of civil rights,or any other legal theory,for any physical injury, psychological injury, death,or property damage or loss that Guild, its officers,agents, independent contractors, or employees may suffer related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (e) Guild Indemnifies. Guild shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney's fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, property damage or loss, breach of contract, or other loss that any such third person may suffer as a result of any cause, including related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. 10. IMPROVEMENTS. (a) Costs of Improvements; Approval Required. All costs associated with the development, installation, construction, and maintenance of any improvements shall be the sole responsibility of the Guild, unless City and Guild mutually agree otherwise. Guild shall submit to City a written proposal for all proposed improvements that includes the estimated value of the improvements and anticipated cost ofdevelopment, installation,construction,and maintenance. Guild must obtain the prior written approval of the Director and Mayor for any proposed improvements and a certificate from the Pueblo Regional Building Department approving any proposed improvements. All improvements must be approved in writing by the City prior to installation or construction. Any proposed changes must meet all building permit regulations and be constructed, installed, maintained, and operated in compliance with all local,state, and federal laws and regulations. Guild shall maintain the improvements in good and safe condition, appearance, and state of repair regardless of the cause or need for maintenance and repair. (b) Improvements Become City Property Upon Termination of Agreement. All improvements shall become the property of the City, at the option of the City, upon termination or expiration of this Agreement. 11. MAINTENANCE OF ACCOUNTS AND RECORDS. Guild shall keep and maintain accurate and complete accounts and records of all activities and transactions conducted by Guild on, from, or with regards to the Leased Premises, including without limitation sales receipts, inventory lists,equipment logs,third party Release Agreements, purchase orders, payroll, financial records, tax returns and bank statements, or any subcontractor contracted by Guild to work, manage, or operate all or a portion of the Leased Premises, in accordance with generally accepted accounting principles, which accounts and records shall be available for inspection, copy and audit by City during normal business hours. Guild shall retain all such accounts and records during the term of this agreement and for a minimum period of three (3)years after termination of this Agreement. 12. INTELLECTUAL PROPERTY. This Agreement is solely for access to and use of the Leased Premises.Guild shall not photograph,film,or broadcast any event or any part thereof without first obtaining the prior written consent of the City. In addition, no footage or images obtained from City access granted herein may be reproduced,sold,broadcast,commercially exploited,or distributed without a separate written license agreement from the City authorizing such use. 13. NO REPRESENTATION OR WARRANTY OF CONDITION OR FITNESS.THE LEASED PREMISES IS PROVIDED ON AN "AS IS" "WITH ALL ITS FAULTS" BASIS, AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE LEASED PREMISES FOR GUILD'S EVENTS OR FOR ANY PARTICULAR USE OR PURPOSE. Accordingly, Guild is hereby advised that Guild shall be solely responsible for personally inspecting the Leased Premises before execution of this Agreement and commencement of any event. Guild's execution of this Agreement or commencement of any event shall constitute an express acknowledgement by Guild that the Leased Premises is safe and adequate for Guild's permitted use. Guild shall have exclusive control of the Leased Premises during the term of this Agreement, subject to the City's right of access, and shall be responsible for all equipment and adequate safeguards for the protection of Guild, its employees, agents, independent contractors, subcontractors, and representatives, and persons engaged in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or which may be construed to the contrary,City assumes no obligation or responsibility to keep or maintain the Leased Premises or facility thereon in good and safe condition, appearance, or state of repair, regardless of cause of need for maintenance and repair. City shall not be liable to the Guild or its members for any damages or injuries to the property of the Guild, its officers, agents, members, or customers which may result from hidden, latent or dangerous conditions in the Park or on the Leased Premises. 14. TERMINATION AND DEFAULT. (a) Default and Correction. If either party is in default hereunder, the non-defaulting party may give written notice describing the default to the defaulting party. If the defaulting party does not correct such default within twenty (20)days after receipt of said notice, or if the default cannot be corrected within said twenty (20) day period and the defaulting party fails to commence action to correct the default within said twenty(20)day period and thereafter diligently pursue corrective action, the non-defaulting party may upon an additional five (5) days' notice given to the defaulting party terminate this Agreement. (b) Termination for Breach.Notwithstanding the foregoing, if Guild commits a breach of any term of this contract, City may terminate this Agreement upon fourteen (14) days' prior written notice to Guild specifying the breach and the date of termination. Except for accrued rights and liabilities and those covenants which survive termination hereunder, upon such termination each party shall be released from all future duties and obligations hereunder. The City may terminate this Agreement immediately if: (i)the Leased Premises is vacant for thirty (30) or more days; (ii)the Guild fails to comply with any term,condition,or covenant of this Agreement; or(iii)the Guild's operations fail to conform with local, state, or federal law. (c) Termination Without Cause. Notwithstanding the foregoing, either party may terminate this agreement without cause by providing sixty (60) days written notice to the other party. No premature termination of this Agreement shall affect any right of either party accruing prior to such termination,whether such right is conferred by the terms of this Agreement or arises under general principles of law. 15. NOTICE. Any notice required or permitted to be given hereunder shall be in writing and delivered personally or by certified mail, postage prepaid, as follows: (a) If to City: Director of Parks and Recreation, City of Pueblo, 800 Goodnight Ave., Pueblo, Colorado 81005; and Mayor, City of Pueblo, #1 City Hall Place, 2nd Floor, Pueblo, Colorado 81003. (b) If to Guild: 1500 N. Santa Fe Avenue, Pueblo, Colorado 81003. 16. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK. (a) At or prior to the time for execution of this Agreement,Guild shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Guild will participate in either the"E-Verify Program"created in Public Law 208, 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 ("CDLE") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Guild shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (2) Enter into an Agreement with a subcontractor that fails to certify to Guild 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: (1) Guild shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E- Verify Program or Department Program. (2) Guild 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. (3) IfGuild obtains actual knowledge that a sub-contractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Guild shall: A. Notify the subcontractor and the City's Purchasing Agent within three (3) days that Guild 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)(3)A above the subcontractor does not stop employing or contracting with the illegal alien; except that Guild shall not terminate the Agreement 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. (4) Guild is required to comply with any reasonable request by the Colorado Department of Labor and Employment 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 Guild shall constitute a breach of Agreement and grounds for termination. In the event of such termination, Guild shall be liable for City's actual and consequential damages. (e) As used in this Section,the term"subcontractor" shall mean any subcontractor ofGuild rendering services within the scope of this Agreement. 17. MISCELLANEOUS. (a) Additional Documents.The parties agree to execute any additional documents or take any additional action that may be necessary to carry out this Agreement. (b) Force majeure. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires not caused by a breach of this Agreement, floods, storms, lightning strikes, labor strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials,or other causes, similar or dissimilar, which are beyond the control of such party. (c) Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the parties,their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. (d) Section Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. (e) Integrations, Severability, Amendment, and Counterparts. This Agreement represents the entire agreement between the parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding,and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. (1) No Third-Party Beneficiaries; No Waiver of Immunities. 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. (g) Waiver of Breach.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. Any waiver must be provided for in a signed writing. (h) 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. (i) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to collect unpaid utilities, rent, damages,janitorial fees, costs, or other sums due under this Agreement, to enforce any provision of this Agreement, to recover damages for Guild's breach of this Agreement, or to seek specific performance of this Agreement,the City shall be entitled to collect its reasonable attorney fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding. 0) No Multi-Year Fiscal Obligation on City. 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 Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or breach of this Agreement, including any sub-agreement, attachment, schedule, or exhibit thereto, by the City. (k) PERA Liability. Guild 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 Guild shall fill out the questionnaire attached as Exhibit D and submit the completed form to City as part of the signed Agreement. (1) Certain Provisions Survive Expiration and Termination. The provisions of this Agreement pertaining to insurance, releases, indemnification, payments to the City, and liability shall survive the expiration of the term of this Agreement and termination of this Agreement and continue in effect for a period of five (5) years following the termination of this Agreement and for such further time as it may take to completely and finally negotiate, settle, or litigate any claim or suit concerning the same. (m) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. (n) Assignment and Subcontracting. This Agreement shall not be reassigned by Guild without the prior written consent of the City, which consent may be granted, denied, or conditioned in City's sole and absolute discretion. Responsibilities of Guild under this Agreement may not be subcontracted by Guild without the prior written consent of the City, which consent may be granted, denied, or conditioned in City's sole and absolute discretion. Guild must have a written agreement with any subcontractor performing work. Guild shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney's fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any subcontractor based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, property damage or loss, breach of contract, or other loss that any such third person may suffer as a result of any cause, including related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (o) Equal Opportunity. The Guild shall not discriminate against any employee or volunteer or applicant for employment or volunteering because of race, color, religion, sex, sexual orientation, ancestry,disability,age or national origin.The Guild will take affirmative action in all areas of employment to ensure that applicants for employment are employed,and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin. Areas of employment shall mean and include,but shall not be limited to,the following: volunteering, initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay,terms of compensation and selection for training, including apprenticeship. The Guild will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. (1) The Guild will, in all solicitations or advertisements for employees placed by or on behalf of the Guild, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin. (2) In the event of Guild's noncompliance with the nondiscrimination and equal employment requirements,the contract may be immediately cancelled,terminated or suspended in whole or in part and the Guild may be declared ineligible for further contracts with the City. (3) Federal requirements govern. Whenever the provisions and requirements of this section conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States,such requirements of the United States shall govern and control. IN WITNESS WHEREOF, the parties hereto have executed and delivered on this Effective Date. PUEBLO ART GUILD, INC. CITY OF PUEBLO, A COLORADO NON-PROFIT CORPORATION A MUNICIPAL CORPORATION By: c By:�4�FG radis . Name: ,jr41Nicholas A ar, Mayor Title: p-yesi t7rrq ATTEST: cncte City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A y 4 D 0 ''', :,, SW , R s. T ., °.; ,4 ii STs J.. .r.: o f . -Nr _ ri—Q} rs`70- 't -''F: ItCl 4771 t.�- n 1 s • - ♦ eh =gip , . ,.,..„...„. -..„-§,.. .... \ vc..) ..0 ....,..,. , ,:„.1 .. : . Aft4.=,-,-1.1"P', ' ' [•• '"' 1.... m -Y ry c cu ._ C C.1. 's. 1 ny c. I a/ j,:,J/11 1 /e'l :11"... ' \I,,eW-,., '' ',A., J,,,1lan - et V 45 lano� :, 1S lino.) . . EXHIBIT B CERTIFICATES OF INSURANCE