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HomeMy WebLinkAbout09731 ORDINANCE NO. 9731 AN ORDINANCE APPROVING AN AGREEMENT TO PROVIDE TENANT BASED RENTAL ASSISTANCE BETWEEN POSADA, INC, A COLORADO NON-PROFIT CORPORATION, AN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Pueblo has received an allocation of HOME Investment Partnership Act Grant funds and the provision for Tenant Based Rental Assistance is an eligible activity under the HOME Program; and WHEREAS, the City of Pueblo included Tenant Based Rental Assistance as an eligible activity in the 2019 Annual Action Plan made public and presented to Council on June 10, 2019; and WHEREAS, the City of Pueblo wishes to reduce homelessness within the City of Pueblo through the City’s Tenant Based Rental Assistance Program; and, WHEREAS, the City of Pueblo wishes to enter into an agreement with Posada Inc., a Colorado Non-Profit Corporation to administer the City’s Tenant Based Rental Program; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated June 8, 2020 between Posada, Inc., a Colorado Non-Profit Corporation, and the City of Pueblo, a Municipal Corporation, (“the Agreement”), for the management of a tenant-based rental assistance program in an effort to reduce homelessness, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Establishing Project No. HO2002 – Tenant Based Rental Assistance. SECTION 3. The funds are available in Fund 251, transferring $143,386.00 from Project No. HO1850, $320,767.00 from Project No. HO1950, and $35,847 from Project No. HO1960 into Project No. HO2002, and those funds will be dedicated to this Agreement. SECTION 4. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 5. 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 Agreements to effectuate the transactions described therein. SECTION 6. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SECTION 7. 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 May 26, 2020 . Final adoption of Ordinance by City Council on June 22, 2020 . President of City Council Action by the Mayor: ☒ Approved on June 26, 2020 . □ 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-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 26, 2020 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 TO PROVIDE TENANT BASED RENTAL ASSISTANCE BETWEEN POSADA, INC, A COLORADO NON- PROFIT CORPORATION, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves a subrecipient agreement between the City and Posada, Inc. for the management of a Tenant Based Rental Assistance program for the prevention of homelessness. PREVIOUS COUNCIL ACTION: The City Council has approved funding for this program in previous years. BACKGROUND: The City of Pueblo receives a yearly allocation of HOME funds. Tenant-based rental assistance (TBRA) is an eligible activity under the HOME program regulations. Posada has previously managed the Consortium’s Program and a similar program with the State’s Homeless Coalition and therefore has the capacity and experience to carry out this activity as a subrecipient of the funds. Under the agreement, Posada will receive $500,000 for direct assistance to eligible households. The agreement contains $50,000 for case management and administrative expenses. FINANCIAL IMPLICATIONS: Funding is available in the 251 Fund. A local match is a requirement of the HOME Program and was appropriated by Council under Ordinance 9228 and 9477. HOME funds previously appropriated and budgeted in the following accounts are hereby reprogrammed and budgeted for this activity, transferring funds into Project No. HO2002: Account HO1850 $143,386 Account HO1950 $320,767 Account HO1960 $35,847 Total $500,000 BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: None ALTERNATIVES: City Council can choose not to provide funding for this Program. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Attachment 1: City of Pueblo, Agreement for Tenant Based Rental Assistance Program Services Attachment 2: HOME Tenant-Based Rental Assistance Program Policies and Procedures AGREEMENT FOR TENANT-BASED RENTAL ASSISTANCE PROGRAM SERVICES (HOME - §92.209(k)) This Agreement is made and entered into this 22"d day of June 2020, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City") and Posada, Inc., a Colorado Non-Profit Corporation (hereinafter referred to as ``Subrecipient"). WITNESSETH, that: WHEREAS, the City has entered into agreements with the U.S. Department of Housing and Urban Development("HUD"), whereby federal financial assistance may be made available to City on behalf of the Pueblo Consortium ('Consortium") established under agreements between the City and Pueblo County, Colorado, as a participating jurisdiction for the purpose of expanding the availability of affordable housing pursuant to the Home Investment Partnerships Act ("the Act") (42 U.S.C. 12701 et seq.), the Cranston-Gonzales National Affordable Housing Act and implementing regulations, including but not limited to those at 24 CFR Part 92; and WHEREAS, in accordance with the provisions of the Act and 24 CFR Sections 92.205(a)(1) and 92.216, a portion of such financial assistance, subject to de-obligation (and subject to appropriation with respect to any assistance payable out of future fiscal year allotments), may be made available for the purpose of carrying out specific elements of the participating jurisdiction's housing strategy including provision of tenant-based rental assistance; and WHEREAS, Subrecipient has represented to City that it is capable and willing to undertake certain approved elements of City's housing strategy, including operating a tenant-based rental assistance program serving disabled individuals with chronic mental health illness, families and individuals transitioning out of homelessness, and young adults transitioning out of foster care as identified herein and in the Scope of Services attached hereto as Exhibit"A"; and WHEREAS, federal financial assistance is necessary and required for such tenant-based rental assistance; and WHEREAS, based upon Subrecipient's representations, the City believes Subrecipient is capable or can reasonably be expected to become capable of performing said approved elements of City's housing strategy as a Subrecipient. NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, terms and conditions set forth herein, the parties agree as follows: 1. PROGRAM AND SUBRECIPIENT SERVICES. (a) Subrecipient shall operate, as an independent Subrecipient and not as an agent of City, a rental assistance program for a period of two(2) years, which shall provide tenant-based rental assistance to serve disabled individuals with chronic mental health illness who are transitioning from treatment facility residency to independent living in the community, families and individuals transitioning from homelessness or temporary residency in homeless shelters to more permanent residency,and young adults transitioning out of foster care, together hereinafter referred to as the "Program." Subrecipient may also pay rent and other costs accrued after March 13, 2020 for tenants impacted by the COVID- 19 pandemic, where said rent and costs are in arrears. (b) Subrecipient shall operate the Program as a Subrecipient for City pursuant to 24 CFR §92.209(k) in full compliance with the requirements of the HOME regulations, including but not limited to 24 CFR §92.209. Subrecipient shall perform all services necessary or desirable to: (i) select tenants in accordance with regulatory criteria, (ii)enter into rental assistance contracts with tenants for terms not exceeding twenty-four (24) months, (iii) screen and approve lessors and lessees, (iv) determine the amount of the rent standard, monthly family adjusted income, and amount of monthly tenant assistance, (v) disburse funds to landlords to pay for the rent assistance and any security deposits, (vi) submit periodic requests to City for payment for services and detailing reimbursable expenditures for the Program, and (vii) perform related case management,job training,job placement and health referral services ancillary to the rental assistance. (c) In performing the foregoing services, the Subrecipient shall determine eligibility for rental assistance in general accordance with HUD Section 8 criteria. 2. FUNDING/REIMBURSEMENT. (a) Subject to and contingent upon Subrecipient complying with all requirements of this Agreement, and subject to the availability of HOME funds for the Program,City agrees to reimburse Subrecipient for eligible Program expenses in an amount not to exceed in the aggregate, Five Hundred Thousand Dollars (U.S. $500,000.00). (b) The payment for services and reimbursement described above will be furnished to Subrecipient for the Program subject to all terms and conditions of this Agreement and contingent upon Subrecipient executing all documents required by City and submitting periodic disbursement requests accompanied by documentation establishing justification for each requested disbursement. Provided that Subrecipient is not in default of any provisions of this Agreement, the reimbursement shall be disbursed in accordance with the provisions of paragraphs 3 and 6 of this Agreement. 3. USE OF CONTRACT FUNDS. The funds provided hereunder will be disbursed to Subrecipient on a periodic basis for allowed Program expenditures and for Subrecipient services at the rate specified. At no time will funds for Subrecipient services be advanced before the services are actually performed. 4. SUBRECIPIENT WARRANTIES AND COMMITMENTS. Subrecipient warrants and represents that (i) it 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 corporation under state law and is in good standing with the Secretary of State of Colorado; (iii) that it is aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Part 92 and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. 5. CITY REPRESENTATIVE. 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 Consortium in connection with the performance of this Agreement, approval of the Program to be undertaken by Subrecipient hereunder, and the disbursement of funds in connection with operation of the Program. In the absence of such a designation,the City's Director of Housing and Citizen Services shall be deemed as City's authorized representative. 6. DISBURSEMENTS. (a) Subrecipient shall not request disbursement of any funds made available under this Agreement until the funds are needed for reimbursement of reasonable eligible costs incurred or become due for services performed, as the case may be. Disbursement of funds to Subrecipient, as may be authorized under this Agreement, is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that the Subrecipient has performed its services and has expended funds after date of this Agreement for reasonable eligible approved expenditures with respect to the Program, (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 disbursement detailing the eligible expenditures for the Program in a format approved by City, (iv) that Subrecipient has certified with each payment or disbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which disbursement is sought were made for and in furtherance of the Program and are an eligible use of federal assistance under the Act, and (v) that City has timely received from HUD sufficient federal assistance under the Act to pay the disbursement hereunder. (b) Payment hereunder is also subject to and may only be disbursed in accordance with HUD regulations including but not limited to those at 24 CFR Part 92, as presently promulgated and as same may be revised from time to time in the future. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in 24 CFR Part 92. Funds provided hereunder for Program may only be used for eligible activities and costs, as provided in 24 CFR Part 92. (c) The aggregate of all payments made pursuant to this Agreement shall not exceed Five Hundred Thousand Dollars (U.S. $500,000.00). (d) Notwithstanding anything in this Agreement, and in addition to all other conditions precedent, the City may, in its sole discretion, and at any time refuse to make disbursements of funds, if it has cause to believe any of the following circumstances has occurred or exists: (i) There has been any adverse material change in Subrecipient's ability to operate the Program or in the Program itself; (ii) Subrecipient has misapplied funds provided hereunder for other than the purposes stated in this Agreement; (iii) Subrecipient has defaulted in the performance of any term,condition or covenants set forth in this Agreement or required of Subrecipient under the applicable federal regulations. (e) 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. 7. TERM OF AGREEMENT. Unless sooner terminated, the term of this Agreement shall be from the date of execution hereof until May 31, 2022. For purposes of disbursement of funds provided hereunder for the Program and COVID-19 relief, the services shall be performed from March 13, 2020 until May 31, 2022. 8. TERMINATION OF AGREEMENT. (a) For Cause. This Agreement may be terminated by City for cause, including any nonperformance by Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefor, 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 as to both the grounds for termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. In accordance with 24 CFR 85.43, as amended, 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 in accordance with the provisions of 24 CFR 85.44, as amended. This Agreement shall terminate immediately upon any non-appropriation of funds, or upon any suspension or non-receipt of federal assistance provided to City under the Act, regardless of cause. (c) Post Termination Procedures. In the event of termination, Subrecipient shall continue to be responsible for those matters which survive termination, including those identified in paragraphs 4, 7, 11, 13, 14, 15, 16, 18, and 19 of this Agreement, unless City takes over the Program and, in connection therewith, prospectively releases Subrecipient from one or more specific responsibilities in writing. Additionally, at City's sole option, all property acquired by Subrecipient with funds provided hereunder, all unexpended funds provided hereunder, if any, and all program income received by Subrecipient shall immediately become the sole and separate property of the City and Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, and income to City. All documents, data, studies, reports and work product prepared by Subrecipient under this Agreement or with funds provided hereunder shall, at the option of the City, become its property and Subrecipient may be entitled to receive just and equitable compensation only for satisfactory work completed and eligible costs for which compensation has not previously been paid nor reimbursement made. 9. ASSIGNABILITY. This Agreement shall not be assigned or transferred by 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. 10. CONFLICT OF INTEREST. HOME Regulation 24 CFR, Part 92.356, as amended, is incorporated herein by reference, and sets forth applicable laws and regulations that apply to Conflict of Interest. Subrecipient, and its Board of Directors, officers and employees, shall avoid all conflicts prohibited by applicable regulations, including but not limited to those set forth in 24 CFR Part 92 as presently promulgated and as same may be revised from time to time in the future. 11. SUBRECIPIENT RECORDKEEPING. Subrecipient shall maintain records as to the Program work and activities undertaken with assistance hereunder, services provided, reimbursable expenses incurred in connection with the Program and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR Part 92. The compliance provisions attached as Exhibit "B" hereto are also made a part of this Agreement, and Subrecipient agrees to perform and comply with same. The City, HUD, the Comptroller General of the United States, the Inspector General of HUD, and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of Subrecipient which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the term of this Agreement, or at any time during the period of affordability or within 5 years thereafter, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to the City. 12. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, City's, and other applicable monitoring and evaluation criteria and standards. The City shall at least quarterly review Subrecipient's performance using on-site visits, progress reports required to be submitted by Subrecipient, audit findings, disbursement transactions and contact with Subrecipient as necessary. 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. Subrecipient shall fully cooperate with City relating to such monitoring and evaluation. 13. SUBRECIPIENT FILES AND INFORMATION REPORTS. 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 Subrecipient for a period of five years after the completion of this Agreement. Activity reports shall be submitted monthly or quarterly no later than the 15`" day of the month following the end of month or quarter for which the report is submitted. 14. INDEPENDENCE OF SUBRECIPIENT. Nothing herein contained nor the relationship of Subrecipient to the City, which relationship is expressly declared to be that of an independent Subrecipient, shall make or be construed to make Subrecipient or any of Subrecipient's agents, subrecipients, consultants 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 Subrecipients. 15. 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, leases of any property or by the conditions created thereby or resulting therefrom. Subrecipient further agrees to indemnify and save harmless the City, its officers, agents, attorneys and employees, from and against any and 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 statute, ordinance, rule or regulation. (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. The policy shall include an endorsement Waiving Right of Subrogation. (ii) Comprehensive General Liability ("CGL") Insurance written on ISO Form CG 00 01 0196, or a substitute form providing equivalent coverage,with a limit not less than One Million Dollars($1,000,000.00) per occurrence, covering liability arising from premises, operations, independent Subrecipients, personal injury,products completed operations, and liability assumed under an insured contract. The policy shall identify the City as an additional insured and Waive Rights of Subrogation. (d) Subrecipient shall furnish a certificate of insurance certifying the required insurance coverages to City's Director of Finance prior to disbursement of any funds to Subrecipient under this Agreement. The certificate of insurance and the policies shall name the City as an additional insured on the CGL policy. (e) Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. 16. CERTIFICATIONS. Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby expressly made a part of this Agreement. 17. AFFIRMATIVE FAIR HOUSING MARKETING PLAN. For all programs assisting five or more households, Subrecipient has established procedures and will take steps necessary to affirmatively further Fair Housing in accordance with City policies, incorporated herein as Exhibit "E", and federal regulations codified at 24CFR570.487(b) and 24CFR92.351, respective of CDBG/HOME funding. Subrecipient has submitted, to the City, HUD Form 92243, Affirmative Fair Housing Marketing Plan outlining its strategy to encourage those who are least likely to apply for the services funded by this Agreement. 18. PROGRAM INCOME; REVERSION OF ASSETS. (a) Unless otherwise authorized by City in writing in a separate instrument executed after date of this Agreement,all program income,as defined in 24 CFR 92.2, shall be returned to City within 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 this Agreement, including the Scope of Services, and the amount of funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR 92.503 and the applicable requirements of 24 CFR 85. (b) 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. (c) In the event City incurs any cost or expense in enforcing the requirements of this Agreement, including but not limited to the requirements of this paragraph 18, or in bringing any action to recover the amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorney's fees. 19. RECOGNITION OF HUD, CITY. In all printed materials, Program descriptions, and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided to Subrecipient by the U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by disclosure of the role of HUD and the City in all such printed materials. 20. PERA LIABILITY. The 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. The Subrecipient shall fill out the questionnaire attached as Exhibit '`D" and submit the completed form to City as part of the signed Agreement. 21. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK. (a) At or prior to the time for execution of this Contract, Subrecipient shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien and that the Subrecipient has participated or attempted to participate in the "Basic Pilot 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 in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States. (b) Subrecipient shall not: (I) knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a Subrecipient that fails to certify to Subrecipient that the Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state-imposed requirements apply to this contract: (1) The Subrecipient shall have confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program and, if the Subrecipient is not accepted into the Basic Pilot Program prior to entering into this contract,that the Subrecipient shall apply to participate in the Basic Pilot Program every three months until the Subrecipient is accepted or this Contract has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The Subrecipient is prohibited from using the Basic Pilot Program procedures to undertake preemployment screening of job applicants while this Contract is being performed. (III) If the Subrecipient obtains actual knowledge that a Subrecipient performing work under this contract knowingly employs or contracts with an illegal alien, the Subrecipient shall be required to: A. Notify the Subrecipient and the Purchasing Agent of the City within three(3)days that the Subrecipient has actual knowledge that the Subrecipient is employing or contracting with an illegal alien; and B. Terminate the subcontract with the Subrecipient if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the Subrecipient does not stop employing or contracting with the illegal alien; except that the Subrecipient shall not terminate the contract with the Subrecipient if,during such three (3) days,the Subrecipient provides information to establish that the Subrecipient has not knowingly employed or contracted with an illegal alien. (IV) 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 contract and grounds for termination. In the event of such termination, the Subrecipient shall be liable for City's actual and consequential damages. 22. 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. 23. ATTORNEY'S FEES AND COSTS OF COLLECTION. In the event that it becomes necessary for the City to bring any action or proceeding to enforce any provision of this Agreement, to recover damages for Subrecipient's breach of this Agreement, or to seek specific performance, the City shall be entitled to collect its reasonable attorneys fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding, including but not limited to costs of in-house counsel and legal staff 24. 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 provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 25. 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 into, 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.