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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
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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.
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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
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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;
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(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
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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
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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.
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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 /
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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
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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.
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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 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
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