HomeMy WebLinkAbout09594ORDINANCE NO. 9594
AN EMERGENCY ORDINANCE APPROVING AND
RATIFYING A SECOND AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO RESCUE MISSION, A
COLORADO NONPROFIT CORPORATION, FOR
PROGRAM SERVICES AT THE TEMPORARY OVERNIGHT
WARMING SHELTER LOCATED AT 901 W. 9TH STREET,
PUEBLO, COLORADO 81003 AND APPROVING AND
RATIFYING THE SIGNATURE OF THE MAYOR TO SAID
SECOND AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Second Agreement for Services (“Second Agreement”) dated November 11,
2019 with an effective date of October 30, 2019, 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 Mayor to said Second Agreement is
hereby approved and ratified and the 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 Ordinance and the attached Second Agreement which are
necessary or desirable to implement the transactions described therein.
SECTION 3.
Savings Clause: The immediate enactment of this Ordinance is necessary in order
to preserve and protect the health, safety and welfare of the residents of the City.
Pursuant to Sec. 3-20 of the City Charter, 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 November 11, 2019
.
Final adoption of Ordinance by City Council on November 11, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on November 14, 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 # S-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 11, 2019
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Mayor Nicholas A. Gradisar
SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND RATIFYING A SECOND
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO RESCUE MISSION, A COLORADO
NONPROFIT CORPORATION, FOR PROGRAM SERVICES AT THE
TEMPORARY OVERNIGHT WARMING SHELTER LOCATED AT 901 W. 9TH
STREET, PUEBLO, COLORADO 81003 AND APPROVING AND RATIFYING
THE SIGNATURE OF THE MAYOR TO SAID SECOND AGREEMENT
SUMMARY:
Attached is a proposed Ordinance which approves and ratifies a second agreement with Pueblo
Rescue Mission, a Colorado nonprofit corporation, to provide program services at the building
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located at 901 W. 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 December 10, 2018, by Resolution No. 14117, the City Council approved and ratified an
Agreement with Pueblo Rescue Mission to operate and manage the Overnight Warming Shelter
from December 1, 2018 through April 30, 2019.
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 President Dennis E. Flores has been working to address this emergency and it
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is his 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 until a permanent shelter becomes available. Pueblo Rescue Mission has
agreed to enter into such an agreement with the City of Pueblo. This Ordinance approves and
ratifies the agreement with Pueblo Rescue Mission.
FINANCIAL IMPLICATIONS:
Concurrent with this Ordinance, City Council is appropriating $80,000 from the City’s 2019 budget
to address the immediate need for a temporary warming shelter for the City’s homeless
population.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Council President Flores 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 Ordinance 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 Emergency Ordinance.
Attachments:
Proposed Ordinance and proposed second agreement with Pueblo Rescue
Mission.
SECOND AGREEMENT FOR SERVICES
THIS SECOND AGREEMENT for warming shelter services ("Agreement") is made
and entered into on November 11, 2019, with an effective date of October 30, 2019, 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." The City and Contractor may be individually
referred to as "Party" or collectively referred to as "Parties."
WITNESSETH
WHEREAS, the City desires to retain Contractor to manage and operate a
temporary warming shelter located at 901 W. 9th Street, Pueblo, CO 81003 ("Temporary
Shelter") for the City's homeless residents, from October 30, 2019 through December 30,
2019 and if necessary, on a day-to-day basis, from December 31,2019 to and including
January 30, 2020 ("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
1.1 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.
1.2 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
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 on behalf of the City in connection with the performance of this
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Agreement and the disbursement of funds in connection with the Project. In the absence
of such a designation, the Mayor shall be deemed as City's authorized representative.
3. CONTRACTOR'S COMPENSATION AND METHOD OF PAYMENT
3.1 The City will pay to Contractor an amount up to that specified in this
Section 3 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 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.
3.2 The aggregate of all payments made hereunder shall not exceed Fifty-
Four Thousand Seventy-Two Dollars ($54,072.00) which shall be paid according to the
following schedule:
Amount Date
$27,036.00 12-02-19
$27,036.00 01-02-20
3.3 In the event that Contractor provides program services at the Temporary
Shelter, on a day-to-day basis, from December 31, 2019 up to and including January 30,
2020, Contractor shall be paid by the City at the rate of$818.00 per day, up to a maximum
payment of $24,540.00. The payment for program services at the Temporary Shelter
during the extended interval shall be made on February 3, 2020.
4. TERM OF AGREEMENT
The term of this Agreement ("Term") shall be from October 30, 2019 to December 30,
2019. The Parties agree that it may become necessary for the Term to be extended up
to and including January 30, 2020, if the Contractor's facility located at 728 W. 4th Street,
Pueblo, CO 81003 ("Permanent Shelter") is not available for occupancy on December 31,
2019. The Term of this Agreement shall end on the date the Permanent Shelter becomes
available for occupancy. Payment by the City for future program services provided by the
Contractor at the Permanent Shelter shall be the subject of a future agreement.
5. TERMINATION OF AGREEMENT
5.1 For Cause: This Agreement may be terminated by City for cause,
including any nonperformance by the Contractor, upon ten (10) days written notice to
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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.
5.2 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.
5.3 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 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
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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
12.1 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.
12.2 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 12.3.
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12.3 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.
12.4 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.
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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, 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
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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 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.
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(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, Mayor, City of Pueblo, 1 City Hall Place, 2nd Floor, Pueblo,
CO 81003, with copy to City Attorney, 1 City Hall Place, 3rd Floor, Pueblo, CO 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
(hAlii,eso
By ,
ity Clerk Nicholas A.ta sar
Mayor
[S E A L]
8
By:
..-1‘dit,__ e 'Z-------,7-„,.
Name: fyl,nzthu., C 11,4vr
Title: '-
, rd Gha:r
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
r
The foregoing instrument was acknowledged before me this day of
1.,01,`(Y n4,x r- , 2019 by (11,(k-i--41)a, ( fl<W4,,r as hc,c.r rl 01 No 1 r of Pueblo
Rescue Mission, a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires: (-I 't ,Ai 4 .
[ SEAL ] Ci tot( t reit -r)
Notary Public
NICOLE HEATON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194013518
MY CMMMISSION EXPIRES APRIL 8,2023
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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 October 30, 2019.
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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.
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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
seq.) 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;
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(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];
(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. 4700; 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).
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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 , NoX .
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
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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.
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.
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