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City Clerk’s Office Item # S-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 23, 2021
TO: President Lawrence W. Atencio and Members of City Council
VIA: Marisa Stoller, City Clerk
FROM: Mayor Nicholas A. Gradisar
SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO RESCUE
MISSION, A COLORADO NONPROFIT CORPORATION RELATING TO THE
HOMELESS COMMUNITY CLEAN UP PROJECT, AS AUTHORIZED BY
SECTION 603 (c)(1)(A) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM
FINAL RULE 31 CFR 35.6 (b)(7) AND (12)(ii) AND AUTHORIZING PAYMENT OF
FUNDS IN THE AMOUNT OF SEVENTY-ONE THOUSAND FOUR HUNDRED
SIX DOLLARS ($71,406) FROM PROJECT NO. CI-2113 - AMERICAN RESCUE
PLAN ACT, FOR PURPOSES THEREOF
SUMMARY:
This Emergency Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement
with the Pueblo Rescue Mission, a Colorado nonprofit corporation, to implement the Homeless
Community Clean Up Project (“Project”), as authorized by Section 603(c)(1)(A) of the American
Rescue Plan Act and Interim Final Rule 31 CFR 35.6 (b)(7) and (12)(ii). Funds for the Project, in
the amount of $71,406, will be paid out of Project No. CI-2113, the American Rescue Plan Act.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No. CI-
2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be
distributed to the City from the American Recovery Plan Act (“ARPA”) for covered costs and
eligible expenses to be incurred during the period which began on March 11, 2021 (the date ARPA
became law) until December 31, 2024 (to be expended by December 31, 2026).
BACKGROUND:
The Project’s goal is to mitigate homelessness and poverty in the City by providing work
opportunities to unhoused adults, giving them the chance to earn real wages and connect with
services, while cleaning up the neighborhoods in the City. Under the attached Subrecipient
Agreement, the Pueblo Rescue Mission will supervise an average of 15 individuals per day, using
a 4-day work week of 5 hours per day, from August 24, 2021 through November 24, 2021 (the
day before Thanksgiving). Each individual will be paid a day-rate in cash to provide clean up
services throughout the City.
This program provides a meaningful solution to people experiencing homelessness and will instill
in them a sense of dignity and self-worth and will result in the City having a cleaner and safer
appearance.
FINANCIAL IMPLICATIONS:
The Pueblo Rescue Mission will receive ARPA funds (from Project No.CI-2113) as follows:
Materials and equipment: $ 4,627
Wages 66,779
Total $71,406
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to support or fund the Homeless Clean Up Project
RECOMMENDATION:
Approval of the Ordinance
Attachments:
Proposed Ordinance
Proposed Subrecipient Agreement
ORDINANCE NO. 10001
AN EMERGENCY ORDINANCE APPROVING AND
AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE
PUEBLO RESCUE MISSION, A COLORADO NONPROFIT
CORPORATION RELATING TO THE HOMELESS
COMMUNITY CLEAN UP PROJECT, AS AUTHORIZED BY
SECTION 603 (c)(1)(A) OF THE AMERICAN RESCUE PLAN
ACT AND INTERIM FINAL RULE 31 CFR 35.6 (b)(7) AND
(12)(ii) AND AUTHORIZING PAYMENT OF FUNDS IN THE
AMOUNT OF SEVENTY-ONE THOUSAND FOUR
HUNDRED SIX DOLLARS ($71,406) FROM PROJECT NO.
CI-2113 - AMERICAN RESCUE PLAN ACT, FOR
PURPOSES THEREOF
RECITALS
The following recitals are incorporated in and made a part of this Ordinance.
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended
H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”);
and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and
WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR
35.6(b)(7) recipients may use Coronavirus Local Fiscal Recovery (“CLFR”) Funds to
award grants to nonprofit organizations that are responding to the negative economic
impacts of the COVID-19 public health emergency; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR
35.6(b)(12)(ii) recipients may provide CLFR Funds to programs or services that address
homelessness; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) between and the City of Pueblo, a
Colorado municipal corporation and the Pueblo Rescue Mission, a Colorado nonprofit
corporation, dated August 23, 2021, attached hereto, having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of
the City and the City Clerk is authorized to affix the seal of the City thereto and attest
same.
SECTION 3.
The City Council finds and concludes:
(a) The Homeless Community Clean Up Project’s goal is to mitigate
homelessness and poverty in the City by providing work opportunities to unhoused adults,
giving them the chance to earn real wages and connect with services, while cleaning up
the neighborhoods in the City. Under the attached Subrecipient Agreement, the Pueblo
Rescue Mission will supervise an average of 15 individuals per day, using a 4-day work
week of 5 hours per day, from August 24, 2021 through November 24, 2021 (the day
before Thanksgiving). Each individual will be paid a day-rate in cash to provide clean up
services throughout the City.
(b) This Project provides a meaningful solution to people experiencing
homelessness and will instill in them a sense of dignity and self-worth and will result in
the City having a cleaner and safer appearance.
SECTION 4.
Funds in the amount of Seventy-One Thousand Four Hundred Six Dollars
($71,406) are hereby budgeted and appropriated from Project No. CI-2113 – American
Rescue Plan Act, for purposes of funding the Project established hereby.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Agreement to implement the policies and
procedures described herein.
SECTION 6.
Savings Clause: The COVID-19 pandemic has previously been declared an
emergency disaster by the Mayor, the Governor of Colorado and the President of the
United States. Recently, the number of COVID-19 infections, hospitalizations and deaths
has been on the rise in Pueblo County, due primarily the “Delta” variant of the disease
migrating to Pueblo County. The immediate enactment of this Ordinance is necessary in
order to preserve and protect the health, safety and welfare of the residents of the City.
Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective on the date
of final action by the Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 23, 2021 .
Final adoption of Ordinance by City Council on August 23, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on August 24, 2021 .
□ 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
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 23rd day of
August 2021, by and between the City of Pueblo, a Colorado municipal corporation, hereinafter referred
to as the "City" and Pueblo Rescue Mission, a Colorado nonprofit corporation, hereinafter referred to as
the "Subrecipient." City and Subrecipient are sometimes each referred to as a "Party" and collectively
"Parties."
RECITALS
The following recitals are incorporated in and made a part of this Agreement.
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R. 1319
(P.L. 117-2) known as the American Rescue Plan Act (hereinafter "ARPA"); and
WHEREAS, on May 10, 2021,the U.S. Treasury issued the Interim Final Rule to implement ARPA
in Title 31, Part 35 of the Code of Federal Regulations ("CFR"); and
WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR 35.6(b)(7)
recipients may use Coronavirus Local Fiscal Recovery ("CLFR") Funds to award grants to nonprofit
organizations that are responding to the negative economic impacts of the COVID-19 public health
emergency; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and the Interim Final Rule 31 CFR 35.6(b)(12)(ii)
recipients may provide CLFR Funds to programs or services that address homelessness;
WHEREAS, by Ordinance No. 9931, approved on May 17, 2021, the City Council established
Project No. CI-2113 and budgeted and appropriated up to $36.7 million in funds which were expected to
be distributed to the City from ARPA for covered costs and eligible expenses to be incurred during the
period which began on March 11, 2021 (the date ARPA became law) until December 31, 2024 (to be
expended by December 31, 2026); and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to implement the
"Homeless Community Clean Up Project" ("Project")to mitigate homelessness and poverty in the City by
providing work opportunities to unhoused adults, giving them the chance to earn real wages and connect
with services, while cleaning up the neighborhoods in the City; and
WHEREAS, the City desires to disburse funds from Project No. CI-2113 to the Subrecipient to
administer the Project and perform certain services in connection therewith as set forth in this Agreement
and in the Scope of Services attached hereto; and
WHEREAS, Subrecipient has represented to the City that is duly qualified, eligible and willing to
undertake the Project and provide the services identified herein and in the Scope of Services attached
hereto.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set
forth herein, the Parties hereto do mutually agree as follows:
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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 reasonably necessary to
accomplish the tasks and functions described in the Scope of Services attached hereto
as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions
of this Agreement.
(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 a nonprofit organization exempt from
Federal income taxation under Section 501(c)(3) of the Internal Revenue Code; (iv) that it
is fully aware of and understands its duty to perform all functions and services in
accordance with the regulatory requirements of 31 CFR Part 35 and those identified in
Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder
subject to certain mandatory repayment provisions.
2. RESPONSIBILITIES OF THE CITY
(a) 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
Project. In the absence of such a designation, the City Mayor shall be deemed as City's
authorized representative.
(b) In connection with the Project, the City shall perform the following tasks:
1. provide Subrecipient with a weekly list of sites and itinerary for the clean up;
2. provide pickup services for all refuse collected by Subrecipient for each day of the
Project.
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 an approved
project and are an eligible use of federal assistance under ARPA and federal regulations.
(b) Payment hereunder is also subject to and may only be disbursed in accordance with
applicable Federal regulations including but not limited to those at 31 CFR Part 35, 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
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payments received by Subrecipient hereunder are subject to repayment by Subrecipient
as provided in 31 CFR Part 35.
(c) The aggregate of all payments made hereunder shall not exceed Seventy-OneThousand
Four Hundred Six and 00/100 dollars (U.S. $71,406.00).
(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.
4. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from August 24, 2021 to November 24, 2021 (the day
before Thanksgiving), unless this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from August 23, 2021 to December 31, 2021 unless
sooner terminated as herein provided.
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 Mayor 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 by City for convenience upon ten
(10) days written notice to Subrecipient, which decision shall not be subject to appeal.
(c) Post Expiration and Termination Procedures: Upon expiration or in the event of a prior
termination, all property acquired by Subrecipient with grant funds and all remaining and
unspent grant funds, 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 and funds 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.
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
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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 which are prohibited by applicable federal
regulations including but not limited to those set forth in 31 CFR Part 35 as presently promulgated
and as same may be revised from time to time in the future.
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. 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 31 CFR 35. 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,
Comptroller General of the United States, the Inspector General of the U.S. Treasury 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 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 copies of 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 City's and other applicable monitoring and evaluation criteria and standards.
The City shall at least monthly 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 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.
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 and activity reports. These records shall be retained
by the Subrecipient for a period of three years after the completion of the Project. Activity reports
shall be submitted monthly no later than the ninth day of the month following the end of month for
which the report is submitted no later than the following dates:
1. First month: October 10, 2021
2. Second month: November 10, 2021
3. Close-out Report: December 10, 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.
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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.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from 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
Comprehensive General and Automobile Liability Insurance with limits not less than Five
Hundred Thousand and No/100 Dollars ($500,000) per person and One Million Dollars
($1,000,000) per occurrence for personal injury, including but not limited to death and
bodily injury, and Fifty Thousand and No/100 Dollars ($50,000) per occurrence for
property damage.
(d) 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,
and Subrecipient's application for ARPA funds, both of which are hereby made a part of this
Agreement. In the event of any conflict between the terms of this Agreement and Subrecipient's
Application, this Agreement shall control.
14. REVERSION OF ASSETS
(a) 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.
(b) 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
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obligation, City shall be entitled to recover its costs and expenses, including reasonable
attorney's fees.
15. 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's Finance Office as part of the signed Agreement.
16. 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.
17. 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.
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 COLORADO MUNICIPAL CORPORATION
By-,v(a..4e14,
City Nicholas A Gradisar, yor
[S E A L]
Subrecipient:
PUEBLO RESCUE MISSION
A COLORADO NONPROFIT CO', ORATION
ATTEST:
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By :.����i/ ;.../
Signature Sig.: u--
Name Na '/ ./�
Title Title Z _ 1 �4 >T •
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EXHIBIT A
SCOPE OF SERVICES
A. Principal Tasks
The Subrecipient will be responsible for administering the Homeless Community Clean Up Project
("Project") for homeless, low-income individuals. The Subrecipient will administer all tasks about the
aforesaid Project in compliance with all applicable federal, state and local rules and regulations
governing the Project, in a manner satisfactory to the City.
The components of the Subrecipient's efforts under this Agreement will be as follows:
1. Coordinate with City Departments, including but not limited to the Code Enforcement
Division of the Pueblo Police Department, the Public Works Department and the Parks
Department to identify clean up locations;
2. Enlist and hire an average of 15 homeless and low income individuals per day, using a 4-
day work week of 4 hours per day, for clean up services;
3. Provide necessary materials and supplies;
4. Provide transportation to and from clean up sites;
5. Bag trash and collect refuse at centralized sites for pick up by the City;
6. Pay homeless and low-income individuals wages at a day-labor rate of$50.00 per day;
7. Insure compliance with the Internal Revenue Code by requiring individuals to complete W-9
forms and later issuing 1099 forms when required;
8. Provide homeless and low income individuals with necessary food and water.
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 the City.
B. Budget and Method of Compensation
The Subrecipient will submit reimbursement requests for services rendered, operating expenditures
and materials purchased supported by original invoices.
Approved budget is as follows:
Materials and equipment: $ 4,627
Wages 66,779
Total $71,406
C. Performance Monitoring:
The City will monitor the performance of the Subrecipient according to the Principal Tasks and Budget
set forth herein. Substandard performance shall mean non-compliance with this Agreement. If
actions to correct such substandard performance are not taken by the Subrecipient within a
reasonable period of time after being so notified by the City, contract suspension or termination
procedures may be initiated, in the sole discretion of the City.
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EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
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 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. Similarly, cash receipts for the payment of
wages is mandatory. 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
Project 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 monthly 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 party contractors of the Subrecipient.The subrecipient is further
cautioned against obligating funds beyond the contract date of the agreement between the City and the Subrecipient.
7. The Subrecipient 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 Subrecipient for a period of three years following the last day of the
Agreement. (Cost summary reports must reflect actual general ledger balances.)
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EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with:
(1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as amended;
and that the grantee will administer all programs and activities related to housing and community development in a
manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the
regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing
regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at
24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing
regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations
set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288
relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act
of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they relate to the
acceptance and use of federal funds under this federally-assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d) [42
U.S.C. 7506 (c) and(d)];
(14) 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));
(15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not
limited to section 7 (16 U.S.C. 1536)thereof;
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(16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16 U.S.C. 469a-
1); as amended by the Archeological and Historical Preservation Act of 1974;
(17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections
102(a) and 202(a) [42 U.S.C. 4012a(a)and 4106(a)];
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);particularly
sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the
Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly
section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971
(36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the prevailing wage
requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5),the Copeland Act(29 CFR Part 3), and the Contract
Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a project meets this applicability
requirement, the labor standards provision of the HUD 4010 and the Davis-Bacon Wage Decision issued for the
project will be incorporated into this contract document and shall be incorporated into all construction contracts and
subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources for
lobbying must be disclosed (24 CFR Part 87).
(a) No federally appropriated funds have been or will be paid, by or on behalf of subrecipient, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,'' in accordance with
its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply
regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
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EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1 101(2),C.R.S., salary or other compensation from the employment,engagement,retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA)
in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to
perform any service as an employee,contract employee, consultant, independent contractor,or through other arrangements, is
subject to employer contributions to PERA by the City of Pueblo. Therefore. as a condition of contracting for services with
the City of Pueblo.this document must be completed, signed and returned to the City of Pueblo:
a) Are you.or do you employ or engage in any capacity, including an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo? Yes , No .
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(1) any person who is the named beneficiary
or co-beneficiary on the PERA account of the PERA Retiree: (2)any person who is a relative of the PERA Retiree by blood or
adoption to and including parents, siblings, half-siblings, children, and grandchildren; (3) any person who is a relative of the
PERA Retiree by marriage to and including spouse. spouse's parents, stepparents. stepchildren, stepsiblings, and spouse's
siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
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