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HomeMy WebLinkAbout09613 ORDINANCE NO. 9613 AN ORDINANCE APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO COOPERATIVE CARE CENTER, A NON-PROFIT CORPORATION, PROVIDING $35,000 TOWARDS THE ACQUISITION OF A MOBILE SHOWER FACILITY TO SERVE THE HOMELESS WHEREAS, there exists a need to provide basic hygiene services to individuals experiencing homelessness in the community; and WHEREAS, the Pueblo Cooperative Care Center, a Non-Profit Corporation, wishes to provide basic services to homeless individuals within our community, and has developed a program to provide mobile shower facilities to the homeless within our community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement for Community Development Services dated November 25, 2019, between the Pueblo Cooperative Care Center, a Non-Profit Corporation, and the City of Pueblo, a Municipal Corporation, (the “Agreement”) for acquisition of a mobile shower trailer, and a vehicle capable of towing the trailer, for the delivery of mobile shower facilities and services to the homeless community, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 Funds in the amount of $35,000 are available for the project in the 251 Fund, Project Account HO1960, and those funds are hereby budgeted and appropriated to this project. SECTION 3 The form and substance of the Agreement is hereby approved; provided, however, that the Mayor be and hereby is authorized to make such technical variations, additions or deletions in or to such Agreement as he shall deem necessary or appropriate and not inconsistent with the approval thereof by this Ordinance. SECTION 4 The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 5 If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6 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 25, 2019 . Final adoption of Ordinance by City Council on December 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on December 10, 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-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 25, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Bryan Gallagher, Director, Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO COOPERATIVE CARE CENTER, A NON- PROFIT CORPORATION, PROVIDING $35,000 TOWARDS THE ACQUISITION OF A MOBILE SHOWER FACILITY TO SERVE THE HOMELESS SUMMARY: This Ordinance approves an Agreement for Community Development Services in the amount of $35,000 between the City of Pueblo and the Pueblo Cooperative Care Center. Funds authorized by this Ordinance are to be used to acquire a ¾ ton vehicle and an ADA compliant, 3-Stall Shower Trailer. The equipment shall be used to provide shower facilities for homeless individuals at various locations throughout the community. PREVIOUS COUNCIL ACTION: The City Council has not taken any previous action on this matter. BACKGROUND: There are limited facilities within the City of Pueblo where homeless individuals can shower and accomplish basic hygiene tasks, and the lack thereof can lead to increased instances of illness. The acquisition of a three-stall, ADA compliant, mobile shower trailer will allow homeless individuals increased access to hygiene. Having a mobile facility will allow for increased outreach, improved health outcomes, and deter congregation at a single fixed facility. The Pueblo Cooperative Care Center presented its program to Council during the July 22, 2019 Work Session, outlining its goals to serve the community. FINANCIAL IMPLICATIONS: Funds for this Ordinance are available within the Department of Housing & Citizen Services Project Account HO1960. Funds provided by this Ordinance will leverage $3,125 from individual donations, $50,000 from the United Way of Pueblo County, and an additional $50,000 from Pueblo County. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: The City Council can choose not to fund the project. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Attachment 1: Community Development Services Agreement AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES (Non-profit entity) THIS AGREEMENT ("Agreement") is made and entered into this 25th day of November, 2019, by and between the City of Pueblo,a Municipal Corporation,hereinafter referred to as the"City,"and Pueblo Cooperative Care Center,326 West 8"' Street, Pueblo,CO 81003, hereinafter referred to as the"Subrecipient". WITNESSETH THAT: WHEREAS, the City is undertaking certain activities necessary for the execution of a project situated in the project area described in the Scope of Services; and WHEREAS,the City desires to disburse funds to the Subrecipient to execute certain projects and/or perform certain services about such undertaking of the City; and WHEREAS,Subrecipient has represented to the City that is duly qualified,eligible and willing to undertake certain projects and/or 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 SUBRECIPIENT (a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonable necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit"A"and incorporated herein by reference, in full compliance with all provisions of this Agreement. (b)Subrecipient warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder; (ii)that it is duly organized as a non-profit organization under state law and is in good standing with the Secretary of State of Colorado; (iii)that it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements identified in Exhibit"C"hereto. 2. RESPONSIBILITIES OF THE CITY The City shall designate a representative of the City who will be authorized to make all necessary decisions required of the City on behalf of the City in connection with the performance of this Agreement and the disbursement of funds in connection with the program. In the absence of such a designation, the Mayor shall be deemed as City's authorized representative. 3. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT (a) The City will pay to Subrecipient an amount up to that specified in subparagraph (c) of this paragraph as full compensation for all services and work to be performed or undertaken by Subrecipient under this Agreement. Payment of funds to Subrecipient is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that Subrecipient has expended funds for eligible approved expenditures, (ii) that Subrecipient is not in default of any material provision of this Agreement nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for payment or reimbursement detailing the eligible payment or reimbursement items in a format approved by City, (iv) that Subrecipient has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is sought were made for and in furtherance of the approved project and are an eligible use of the assistance, and(v)that City has budgeted and appropriated sufficient funds to make the payment or reimbursement hereunder. (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable regulations, including but not limited to those of the American's with Disabilities Act (ADA) and 24 CFR Part 570, as presently promulgated and as same may be revised from time to time in the future, all other terms of this Agreement, and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient should Subrecipient fail to satisfactorily perform and complete all services and items of work,and furnish all labor and materials encompassed within or reasonable necessary to accomplish the tasks and functions described in the Scope of Services within a reasonable amount of time. (c)The aggregate of all payments made hereunder shall not exceed Thirty-Five Thousand and 00/100 dollars(U.S. $35,000.00). (d) Upon expiration of the term of this Agreement or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 4. TERM OF AGREEMENT The term of this Agreement shall be from November 25,2019 to December 31, 2020 unless sooner terminated as herein provided. This Agreement shall automatically expire at the end of its term. 5. TERMINATION OF AGREEMENT (a) For Cause: This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefore,and after an opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the City's Director of Housing and Citizen Services whose decision shall be final. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. Cause for termination shall include any material failure by Subrecipient to comply with any term of this Agreement. (b) For Convenience: This Agreement may be terminated for convenience upon thirty (30) days prior written notice to the other party. (c) Post Termination Procedures: In the event of termination for cause or convenience, immediately and at City's option, all property acquired by Subrecipient with grant funds, all grant funds, program 2 income, and loans originated with grant funds or by payments therefrom and payments received under such mortgage loans held, owned or retained by the Subrecipient shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds,income,and mortgage loans to City. All finished or unfinished documents, data, studies, reports, and work product prepared by the Subrecipient under this Agreement or with grant funds shall, at the option of the City, become City's property and the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work completed for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. 7. CONFLICT OF INTEREST The Subrecipient certifies and warrants that neither it nor any members of its Boards of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder,either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest, including those prohibited by applicable state and federal regulations. 8. SUBRECIPIENT RECORDS Subrecipient shall maintain records as to all services provided, reimbursable expenses incurred in performing the Scope of Services and complete accounting records. No reimbursement of any expense shall be made until such time as Subrecipient provides an adequate record and accounting of the expense. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR 570.502. The Compliance Provisions attached as Exhibit"B" hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The City shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipient which relate to this Agreement for making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may require all Subrecipient's financial records relating to this Agreement to be turned over to City. 9. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and performance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with the City's monitoring and evaluation criteria and standards. The City shall at least quarterly review the Subrecipient's performance using on- site visits, progress reports required to be submitted by the Subrecipient, audit findings,disbursements transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish to the City monthly or quarterly program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City relating to such monitoring and evaluation. 3 10. SUBRECIPIENT FILES AND INFORMATION REPORTS The Subrecipient shall maintain files containing information which shall clearly document all activities performed in conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances,activity reports, and program income. These records shall be retained by the Subrecipient for a period of three (3) years after the completion of the project. Activity reports shall be submitted monthly or quarterly no later than the ninth day of the month following the end of month or quarter for which the report is submitted, no later than the following dates: 1. First Quarter: April 15,2020 2. Second Quarter: July 15,2020 3. Third Quarter: October 15,2020 4. Fourth Quarter: January 15,2021 5. Close-out Report: January 15,2021 11. INDEPENDENCE OF SUBRECIPIENT Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Subrecipient, or any of Subrecipient's agents or employees, the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 12. LIABILITY, INSURANCE (a) As to the City, Subrecipient agrees to assume the risk of all personal injury, including death and bodily injury,and damage to and destruction of property, including loss of use therefrom,caused by or sustained, in whole or in part,in conjunction with or arising out of the performance or nonperformance of this Agreement by Subrecipient or by the conditions created thereby. Subrecipient further agrees to indemnify and save harmless the City, its officers, agents and employees, from and 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 Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule or regulation, including but not limited to any failure of Subrecipient to comply with the ADA. (b) Subrecipient agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts,claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees,and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom;and such insurance will provide for coverage in such amounts as set forth in subparagraph(c). (c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars ($600,000)per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No/100 Dollars($600,000)per occurrence for property damage. (d) In the event Subrecipient's obligations under this Agreement are secured by a deed of trust or mortgage instrument as provided in paragraph 14(c)of this Agreement, Subrecipient agrees to procure and maintain,at its own expense,hazard and fire insurance upon the property described in said deed of 4 trust on an all risk form in such amounts of all liens against the property and the amount of funds provided by City pursuant to this Agreement. Subrecipient shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to Subrecipient. Both said certificate of insurance and the policy procured by Subrecipient shall name the City as a loss payee. 13. CERTIFICATIONS The Subrecipient agrees to execute and abide by the certifications contained in Exhibit"C"hereto,which are hereby made a part of this Agreement. 14. PROGRAM INCOME; REVERSION OF ASSETS (a) Unless otherwise authorized by City in writing,all program income shall be returned to City within thirty (30) days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services,and the amount of grant funds payable by City to Subrecipient shall be adjusted. (b) Upon expiration of the teen of this Agreement, or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (c) Any property under Subrecipient's control that was acquired or improved in whole or in part with funds provided pursuant to this Agreement in excess of U.S. $25,000 shall be used to provide ADA shower facilities and services for homeless individuals during the Term of this Agreement and for five (5)years after expiration or termination of this Agreement. If said property is not used in accordance with this paragraph, Subrecipient shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of funds not provided under this Agreement for the acquisition of or improvement to the property. The use restriction and repayment obligation set forth in this subparagraph shall survive termination or expiration of this Agreement and shall be fully enforceable and subject to collection by City in accordance with applicable laws. If requested by City,Subrecipient shall execute a deed of trust or mortgage instrument which shall be and constitute a lien upon all real property acquired or improved with funds provided hereunder,and which shall secure all obligations of Subrecipient hereunder. (d) In the event City incurs any costs or expenses in enforcing the requirements of this paragraph 14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorney's fees. 15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY (a) In addition to all procurement requirements otherwise applicable to Subrecipient pursuant to any other provision of this Agreement or pursuant to any requirement of law or regulation incorporated in this Agreement by reference, if any portion of the funds provided to Subrecipient under this Agreement is to be used for making improvements to real property, including new construction, rehabilitation, or remodeling,then in such event Subrecipient shall comply with all requirements of this Paragraph 15. (b) No improvements shall be undertaken to real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefore have been prepared by a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in the state of Colorado; 5 (ii) such plans and specifications have been filed with the City and approved by both the City's designated representative and the City's Director of Public Works; and(iii) all construction contracts for improvements for which payment is sought from City shall have been awarded only after an open, competitive bidding process which has been approved by City's Director of Purchasing and which allows qualified contractors to reasonable participate in the competitive bidding procedures. (c) If this Paragraph 15 is applicable, no disbursement of funds to Subrecipient shall be made by City hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and Subrecipient files with City's Director of Housing and Citizen Services a written request for payment signed by an officer of Subrecipient that certifies (i) that the amounts included in the request for payment have not been included in any prior request for payment, and (ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefore. (d) In every contract for construction of improvements for which payment or reimbursement from City is to be provided under this Agreement, Subrecipient shall include a contract clause or clauses, approved by City's Director of Purchasing, requiring the contractor, and all of the contractor's subcontractors of all tiers, to comply with the requirements of the Davis-Bacon Act and implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as determined by the U.S. Department of Labor. 16. RECOGNITION OF CITY In all printed materials, project descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided by the City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of City in all such printed materials and project signage,if any. 17. PERA LIABILITY Subrecipient 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. Subrecipient shall fill out the questionnaire attached as Exhibit "D" and submit the completed form to the Finance Office as part of the signed Agreement. 18. ENTIRE AGREEMENT; AMENDMENTS The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement,constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provisions of this Agreement shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 19. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time this Agreement is executed, Subrecipient 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 the Subrecipient will participate in either the "E- Verify Program"created in Public Law 208, 104th Congress, as amended and expanded in Public Law 6 156, I 08th 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 newly hired for employment to perform work under this Agreement. (b) Subrecipient 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 Subrecipient that the subcontractor shall not knowingly employ or Agreement with an illegal alien to perform work under this Agreement. (c) The following state-imposed requirements apply to this Agreement: (1) The Subrecipient 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) The Subrecipient 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) If the Subrecipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Subrecipient shall: A. Notify the subcontractor and the City's Purchasing Agent within three (3) days that the Subrecipient 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)(IIl)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Subrecipient shall not terminate the Agreement with the subcontractor/subcontractor if, during such three (3) days, the subcontractor/subcontractor provides information to establish that the subcontractor/subcontractor has not knowingly employed or contracted with an illegal alien. (4) The Subrecipient 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 by the Subrecipient shall constitute a breach of Agreement and grounds for termination. In the event of such termination,the Subrecipient shall be liable for City's actual and consequential damages. (e) As used in this Section, the terms "subcontractor" and "subcontractor" shall mean any subcontractor or subcontractor of Subrecipient rendering services within the scope of this Agreement. 20. WAIVER OF BREACH 7 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. 21. 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. 22. SUBJECT TO LAW (a) This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be 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 of the 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 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 by or breach of this Agreement, including any sub- agreement, attachment, schedule or exhibit thereto, by the City. City may in its sole and absolute discretion terminate this Agreement for reasons of non-appropriation immediately upon written notice without causing default or breach. (b) Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party,or to waive any immunities or limitations otherwise conferred upon the City of Pueblo,a Municipal Corporation under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. 23. SIGNATURES The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient have the requisite power and authority to enter, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. 8 IN WITNESS, WHEREOF, the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION ÜL/ nCfBy 2/4•4VAV4ce04114•Oir City Clerk Nicholas A. Gradisar, [S E A L] SUBRECIPIENT PUEBLO COOPERATIVE CARE CENTER ATTEST: By By .1/ Signature Signa e Name Name,#erig,jf`� 0rt5 5Z Title Title Ar,o0A,l / 9 EXHIBIT A SCOPE OF SERVICES A. Principal Tasks The Subrecipient will be responsible for administering a supportive services program for homeless individuals.The Subrecipient will administer all tasks in connection with the aforesaid program in compliance with all applicable federal, state and local rules and regulations governing these funds, and in a manner satisfactory to the City. The major goal of Subrecipient's efforts under this Agreement will be the provision of basic hygiene services. 1. To the extent funded by the City of Pueblo, services shall to be provided within the Pueblo city limits. 2. Services to include acquisition of mobile shower facilities to include a 3-Stall, ADA compliant, shower trailer and a 3/4 ton vehicle to transport the shower trailer. 3. Subrecipient shall maintain decent, safe,and sanitary facilities subject to local code compliance. 4. Subrecipient shall provide for shower facilities capable of maintaining an adequate hot water temperature not to exceed 120 degrees. All shower faucets shall be equipped with a posi-temp,anti-scalding valve. 5. All service locations to include an ADA accessible route via ramps, lifts, or other acceptable means of access. 6. During the Agreement Term, Subrecipient may not charge individuals for use of shower facilities or services rendered. 7. Weather permitting, shower facilities and services shall be provided a minimum of 4-hours per week and offered in at least two (2) different locations within the City of Pueblo, those locations chosen to provide the services to as much of the homeless population as possible. Subrecipient's failure to provide these minimum services shall constitute a material breach of this Agreement. 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 Subrecipient and City. Subrecipient will submit quarterly reports that address the Agency's ability to meet the project goals and document usage statistics by location. B. Budget and Method of Compensation The Subrecipient will submit requests for reimbursement for services rendered and materials purchased, supported by original invoices. Approved budget for the Program is as follows: Purchase of a 3/4 Ton Vehicle $17,500.00 Purchase of an ADA Compliant 3-Stall Shower Trailer $17,500.00 Total Budget $35,000.00 C. Performance Monitoring: The City will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this agreement. If actions 10 to correct such substandard performance are not taken by the Subrecipient within a reasonable period of time after notification by the City,contract suspension or termination procedures will be initiated. D. Time of Performance: Services as required by this Agreement shall start on April 1, 2020, or sooner, and end on December 31, 2025. The term of this agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of City funds and program income, if any. 11 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 must review and approve your 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 program as determined by the City. All costs must be budgeted items. Request for advance or reimbursements of expenses must be accompanied by: 1. Original invoice marked with funding source 2. Detailed listing of each expense showing: a) recipient b) brief description of purchase c) amount with method of computation detailed Cost Summary must be submitted on a monthly basis to reflect entries through the closing date for the books (indicate Closing Date on Cost Summary). 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. (Example: rent or lease agreements, service contracts, insurance, etc.) 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 will periodically make interim audits and may, upon completion of the project, make a final audit. 9. All records must be retained by the agency for a period of three (3) years following the last day of each contract. (Cost summary reports must reflect actual general ledger balances.) 12 EXHIBIT C CERTIFICATIONS Subrecipient hereby certifies that the grant 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 I968 (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) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (5) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (6) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published for effect; (7) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended,and implementing regulations when published for effect; (8) 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)); Signature- Board Preside. 13 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, inclig an independent contractor,a PERA Retiree who will perform any services for the City of Pueblo? Yes , No r (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 (I)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. 14 ADDITIONAL REPORTING REQUIREMENTS You must submit the following forms and/or information with your signed contract(s). A. Board of Directors Roster; B. Staff Roster; C. Budget; You 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. Demographic information of clients served (can be done quarterly); E. Any other report or information as required by the grantor or federal agency. Request for disbursements of funds will not be processed until all necessary information and forms are complete. Incomplete requests will be returned to the agency. 0 Executive irector 15 O E o ,a_i o 2C E E 8 E o y ai o i o3 UNaO O 1 c oYEE mOEaE I Um > > @E u - m yC a� oI i : m ' N g U O O O o U ._ a) O N @ EN N L O @ O O o O O O O E O NDcma) a) d E UW w D o cm w o O UO0OOt C D O N VvO O - O C N N M C a) N E U as cn cU) ° 0 o v 0 CO 3 o ani o E m m m C m v > 3 L E �o E 8 E It) a E .0 t o r- co ti E cn . .: m .m o N. fi co m v U O V�L.. v L_. L...V co V O 0 CO Vi N r CD CD O O u7 N N 0 O V V CD M CD N r..... O ll! 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