HomeMy WebLinkAbout10026ORDINANCE NO. 10026
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN THREE (3) SUBRECIPIENT
AGREEMENTS BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND (1) THE
PUEBLO CHILD ADVOCACY CENTER, INC., A COLORADO
NONPROFIT CORPORATION; (2) EXECUTIVES
PARTNERING TO INVEST IN CHILDREN, A COLORADO
NONPROFIT CORPORATION; AND (3) SENIOR
RESOURCE DEVELOPMENT AGENCY, PUEBLO, INC., A
COLORADO NONPROFIT CORPORATION, AS
AUTHORIZED BY SECTION 603 (c)(1)(A) OF THE
AMERICAN RESCUE PLAN ACT AND INTERIM FINAL
RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF
TWO HUNDRED TWENTY-TWO THOUSAND TWO
HUNDRED SEVENTY DOLLARS ($222,270) FROM
PROJECT NO. CI2113 - 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 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, the City may use CLFR Funds to implement the four programs described in the
three attached Subrecipient Agreements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The City Council hereby makes the following findings of fact:
“Bridging the Mental Health Gap to Care” Program
As a result of the COVID-19 pandemic, the City of Pueblo is in a pediatric mental health
"State of Emergency.” Currently, traumatized children commute beyond the Pueblo
County border for mental healthcare. Pueblo families skip mental healthcare altogether
because it is not accessible or affordable. As a result, many children residing in the City
either self-medicate or self-harm.
The Pueblo Child Advocacy Center (“PCAC”) has one program: child abuse response.
The primary function of PCAC is to provide a child-friendly and safe environment for the
investigation of child abuse and support of the child and his/her nonoffending caregivers
through all aspects of their case. The Center provides several core services – each is
provided by highly skilled staff and are unmatched in Pueblo.
The value of having on-site mental health services cannot be overstated. Mental health
is a key component in a child’s healthy development. Children need to be healthy in order
to learn, grow, and lead productive lives. Children and youth with mental health problems
have lower educational achievement, greater involvement with the criminal justice system
and fewer stable and longer-term placements in the child welfare system than their peers.
When treated, children and youth with mental health problems fare better at home, in
schools, and in their communities.
An on-site mental health professional can also help the investigative team understand
that a child’s disclosure or non-disclosure is not always binary – either disclosed or not.
In a child’s mind, the investigative process may be perceived as part of the continuum of
traumatic events. Thus, the investigation itself, if not handled in a trauma-informed
manner, can induce additional traumatic stress. The child’s ability to disclose may also
be influenced by the family, by the initial response regarding the abuse allegations and
by the offender and the child’s community network.
The “Head to Toe” Medical Exams for Youth Program
PCAC also provides critical services to coordinate the investigation of child abuse. Among
its core services are nonacute, specialized medical evaluations and exams in an on-site,
child -friendly exam room. Effectively, PCAC is an alternative care facility, contracting with
pediatric nurse practitioners and Sexual Assault Nurse Examiners (SANEs) who provide
excellent services at a high level. All services are free to victims and their non-offending
family members. No children or families are turned away.
The pandemic has created a financial crisis for many families, especially marginalized
children. Children covered under Medicaid who typically use Emergency Departments for
nonacute care also have been turned away as hospitals triage patients outside of the
entryway with as little interaction as possible. Lack of access to healthcare is amplified by
the fact that clinicians are usually only available weekdays, 8:00 a.m. – 5:00 p.m., when
working class parents are at a job that doesn’t easily accommodate leave for doctor visits.
In addition, patients who fund medical care with self-pay in full or part (i.e., a copayment)
find it difficult to have the required payment at the time of service.
Pediatric patients are among the most vulnerable in society. Children rely on parents,
family members, and sometimes state-appointed caregivers, to ensure that they receive
appropriate medical attention. The expansion of PCAC’s pediatric medical exams will
provide immediate access to health care, especially for the underserved who have not
always received timely medical attention. This program will eliminate the barriers of
access and cost. This solution is effective and efficient while medical practices, hospitals
and urgent care facilities return to normal after the pandemic, which is expected to take
12 months or more. This solution bridges the gap in the interim.
EPIC Pueblo’s “Literacy Excellence for All” Project
The Colorado Department of Education reported in the 2020 Colorado Read Act Annual
Report that in the 2018-2019 school year 41,004 out of 250,923 (16.3%) of the state’s
kindergarten through 3rd grade students had significant reading deficiencies. The percent
per grade steadily increased from kindergarten (11.5%) to third grade (19.1%).
The effects of the pandemic will be felt far and wide for years to come. With schools
shifting from in-person to remote or hybrid models, the divide between households with
accessibility and resource difficulties and those without, have grown. In addition, the shifts
in teaching formats have placed a burden on families who are already stretched thin and
are now working to provide and serve as ad-hoc educators. Children from non-interactive
homes go to kindergarten with a 1,200-word vocabulary. Children from interactive homes
go to school with over a 3,000-word vocabulary. This discrepancy is further compounded
by parents’ need to continue to juggle competing priorities and uncertainty due to the
COVID-19 pandemic (illness, job woes, decrease of available childcare).
EPIC Pueblo has a commitment to increase activities and supports to help parents and
guardians with the small yet important things they can do to provide the children in their
care with the necessary tools, to send them back to school with a sense of confidence.
Parents and guardians need tools to support their children’s learning and help them to
stay on track. Books and reading provide those tools especially as schools grapple with
varying preparedness and educational gaps exacerbated by the COVID-19 pandemic.
EPIC Pueblo’s “Literacy Excellence for All” project would provide the availability of quality,
no cost grade-level appropriate books to the City’s youth through an extensive network
of partners and access points. In addition, EPIC Pueblo provides timely and relevant
parental instruction and guidance to support parents, families and community in their
important roles. EPIC Pueblo’s advocacy efforts and involvement in early childhood
education and childcare concerns plays a pivotal role in ensuring youth have quality, safe
and educationally beneficial childcare.
Project delivery will take place through a dual approach via outreach efforts to provide
books through various book distribution points and supportive adult educational
opportunities during brown bag series presentations to show how parents and guardians
can support youth with engagement and fostering reading and learning.
SRDA’s Pavilion at Union Plaza
The COVID-19 pandemic has had an especially devastating impact on the City of
Pueblo’s senior citizens. People over 65 have endured much higher rates of
hospitalization and death as a result of the virus. Mental health consequences have been
commensurate with physical illnesses. Due to the “lock downs” and social distancing
required by public health orders, isolation, loneliness and depression have reached
emergency levels for Pueblo’s seniors.
Union Square is located in a Qualified Census Tract. It is surrounded not only by SRDA’s
Senior Center but also by adjacent senior living facilities. The Pavilion will provide an
outdoor space to allow social distancing and thereby prevent the spread of COVID-19
disease. In addition, the Pavilion will be a venue for recreation and socialization, resulting
in improved physical and mental health for the neighborhood’s senior citizens.
SECTION 2.
The Subrecipient Agreements (“Agreements”) between the City of Pueblo, a
Colorado municipal corporation and the following three (3) Colorado nonprofit
corporations, dated October 25, 2021, attached hereto, having been approved as to form
by the City Attorney, are hereby approved:
1. Pueblo Child Advocacy Center, Inc.
2. Executives Partnering to Invest in Children (“EPIC”)
3. Senior Resource Development Agency, Pueblo, Inc. (“SRDA”)
SECTION 3.
The Mayor is hereby authorized to execute said Agreements 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 4.
Funds in the amount of Two Hundred Twenty-Two Thousand Two Hundred
Seventy Dollars ($222,270) are hereby authorized to be paid from Project No. CI-2113 –
American Rescue Plan Act, for purposes of funding the four projects described in the
Agreements.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Agreements to implement the policies
and procedures described herein.
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 October 12, 2021.
Final adoption of Ordinance by City Council on October 25, 2021.
President of City Council
Action by the Mayor:
☒ Approved on October 26, 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
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 12, 2021
TO: President Lawrence W. Atencio and Members of City Council
VIA: Marisa Stoller, City Clerk
CC: Mayor Nicholas A. Gradisar
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN
THREE (3) SUBRECIPIENT AGREEMENTS BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION AND (1) THE PUEBLO CHILD
ADVOCACY CENTER, INC., A COLORADO NONPROFIT CORPORATION; (2)
EXECUTIVES PARTNERING TO INVEST IN CHILDREN, A COLORADO
NONPROFIT CORPORATION; AND (3) SENIOR RESOURCE DEVELOPMENT
AGENCY, PUEBLO, INC., A COLORADO NONPROFIT CORPORATION, AS
AUTHORIZED BY SECTION 603 (c)(1)(A) OF THE AMERICAN RESCUE PLAN
ACT AND INTERIM FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE
PAYMENT OF TWO HUNDRED TWENTY-TWO THOUSAND TWO HUNDRED
SEVENTY DOLLARS ($222,270) FROM PROJECT NO. CI2113 - AMERICAN
RESCUE PLAN ACT, FOR PURPOSES THEREOF
SUMMARY:
This Emergency Ordinance approves and authorizes the Mayor to sign Subrecipient Agreements
with three (3) local nonprofit corporations to implement four (4) local projects, as authorized by
Section 603(c)(1)(A) of the American Rescue Plan Act and Interim Final Rule 31 CFR 35.6. Funds
for the 4 projects, in the amount of $222,270 will be paid out of Project No. CI2113, the American
Rescue Plan Act.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No.
CI2113 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 3, 2021 until December
31, 2024 (to be expended by December 31, 2026).
BACKGROUND:
The attached Ordinance approves and provides funding for the following four (4) local projects:
Applicant Project Amount
1 Pueblo Child “Bridging the Mental Health Gap” Project $88,770
Advocacy Center
2 Pueblo Child “Head to Toe” Medical Exams for Youth 60,000
Advocacy Center Project
3 Executives Partnering Literacy Excellence for All Project 36,000
to Invest in Children
(“EPIC”) Pueblo
4 Senior Resource Union Plaza Apartments Pavilion 37,500
Development Agency
(“SRDA”)
Total $222,270
FINANCIAL IMPLICATIONS:
Three local nonprofit corporations will receive $222,270 in ARPA funds from Project No.CI2113.
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 4 local projects.
RECOMMENDATION:
Approval of the Ordinance
Attachments:
Proposed Ordinance
3 proposed Subrecipient Agreements.
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th day of
October, 2021, by and between the City of Pueblo, a Colorado municipal corporation, hereinafter referred
to as the"City" and the Pueblo Child Advocacy Center, Inc., 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 (3) 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)(7) and
(12) recipients may provide CLFR Funds to programs or services to children and disproportionately
impacted communities; and
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 3, 2021 until December 31, 2024 (to be expended by December 31, 2026);
and
WHEREAS, Subrecipient has requested that the City use CLRF Funds for the following purposes:
• Implement the "Bridging the Mental Health Gap to Care" Program; and
• Implement the "Head to Toe" Medical Exam for Youth Program
(hereinafter collectively "Project"); and
"Bridging the Mental Health to Care" Program
WHEREAS, Subrecipient seeks funding to hire a mental health professional to provide pediatric
specialty counseling on-site during the community's massive mental health crisis and shortage of
therapists. A therapist can also care for non-offending caregivers who are ill-equipped to handle their
own rage, confusion, and a lack of experience with their child's victimization. Children/caregivers will
not be charged for mental health care: and
WHEREAS, Subrecipient anticipates the need for an in-house counselor for 30 months. This
position will be filled by a third-party contractor who will provide their own professional liability insurance.
Because there is a shortage of such providers in Pueblo County, Subrecipient will likely advertise
1
nationally and offer relocation fees and a stay-on bonus after 30 months; and
The "Head to Toe" Medical Exam for Youth Program
WHEREAS, Subrecipient serves children between 3- and 18-years old involved in an abuse
allegation as a victim or witness of a crime in Pueblo County. 84% alleged abuses were alleged sexual
abuse; 18% physical abuse; 8% other and 21% with multiple alleged maltreatment categories. Of the
300 secondary victims (non-offending caregivers) 50% reported their income level as one that qualifies
as poverty; and
WHEREAS, 100% of the children served by Subrecipient are "at risk." By definition, an at-risk
youth is a child who is less likely to transition successfully into adulthood. Success can include academic
success and job readiness, as well as the ability to be financially independent. It also can refer to the
ability to become a positive member of society by avoiding a life of crime. Childhood abuse or being a
witness to abuse is a factor that largely contributes to children being identified as at-risk. Untreated,
abused children may not successfully transition into adulthood; 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 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 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
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.
2
In the absence of such a designation, the City 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 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
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 One Hundred Forty-
Eight Thousand Seven Hundred Fifty and 00/100 dollars (U.S. $148,750.00). City shall
make payments to Subrecipient in the following amounts on the following dates:
Date Amount
01/04/22 $ 23,875.00
04/01/22 23,875.00
07/01/22 23,875.00
10/01/22 23,875.00
01/02/23 8,875.00
04/03/23 8,875.00
07/05/23 8,875.00
10/02/23 8,875.00
01/02/24 8,875.00
04/01/24 8,875.00
Total $ 148,750.00
(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.
3
4. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from January 1, 2022 to June 30, 2024 unless this
Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from October 25, 2021 to December 31, 2024 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 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 funds to the 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 Board 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 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
4
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 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 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 in relation 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. Financial and activity
reports shall be submitted quarterly no later than the ninth (9th) day of the month following the end of
the quarter for which the report is submitted.
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.
5
(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) Workers' Compensation Insurance complying with statutory requirements in Colorado.
(e) Subrecipient shall furnish a certificate of insurance certifying such coverage to City's
Director of Finance prior to disbursement of any funds to Subrecipient.
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 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
6
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
_2K.4646/ 414414
City CI Nicholas A Gradis r, Mayor
[S E A L]
Subrecipient:
PUEBLO CHILD ADVOCACY CENTER, INC.
A COLORADO NONPROFIT CORPORATION
ATTEST:
By By . .L.Ii.►. _
Signature Sign. re
Name Name et Ceir Com.
Title Title CIO-cbalAreL✓� r� �t
7
EXHIBIT A
SCOPE OF SERVICES
A. Principal Tasks
The Subrecipient will be responsible for administering the Project for children and families who
are the experiencing negative economic impacts of the COVID-19 public health emergency who come
from disproportionately impacted communities. The Subrecipient will administer all tasks related to 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. "Bridging the Mental Health Gap to Care" Program
An on-site mental health professional will provide:
❑ Crisis intervention when needed,for children and adults; and
❑ Trauma screening to understand a child's experience and to inform recommendations for follow
up treatment; and
❑ Child and Family Traumatic Stress Intervention (CFTSI), a short-term, evidence-based
intervention to help reduce trauma symptoms following exposure to violence or abuse; and
❑ Regular, scheduled, mental health counseling in individual and group settings with the goal of
bridging the gap between the initial interview and the time a primary victim is through a waiting
list for long-term provider; and
❑ Provide in-service to the SubEc ier>t's staff and volunteers so that the whole team grows in
competency.
Following the execution of this Agreement, Subrecipient shall use best efforts to implement the
following schedule:
Day 1: Advertise for the position, locally at first then nationally if needed. The job description is
ready for publication. Physical space in the Center will be prepared for a new
employee's office and counseling space.
Day 15: Round 1 interviews are conducted by a small panel via Zoom. The top three candidates
will be chosen and scheduled for a second interview.
Day 17: Credentialling will be verified. References/referrals checked. Round 2 interviews are
conducted. An offer of hire is made. Upon acceptance, a background check is
initiated.
Day 20: Pending successful completion of background check, the new employee will have three
weeks to give proper notice and relocate. This schedule can be accelerated if notice is
not required, and if the new employee can be"ready" sooner.
Day 45: The new employee is introduced to the current Subrecipient's staff, onboarded to the
Subrecipient's culture, moves into office/counseling space, and completes cursory
forensic interview training. Although the counselor/therapist will not ever perform a
forensic interview, s/he must know the methodology so that evidence collection is not
compromised.
Day 50: New employee shall begin performing job duties.
The disbursement of funds, based on an October 25, 2021 award shall be as follows:
8
ARPA CSAC Caring for
Funding Funding Colorado
Date Description 30 12 18
months months months
11/1/21 Advertising allocation
Relocation subsidy, after move $6,500 $0 $0
12/1/21 Training costs and Compensation 12/1/21-2/28/22 $7,500 $0 $9,750
3/1/22 Compensation 3/1/22-8/31/22 $26,000 $39,000
9/1/22 Compensation 9/1/22-2/28/23 $8,065 $15,500 $9,750
3/1/23 Compensation 3/1/23-8/31/23 $17,815 $15,500
9/1/23 Bonus and Compensation 9/1/23-5/31/24 $39,000
$88,750 $31,000 $58,500
The cost (budget)for the"Bridging the Mental Health Gap to Care" program is as follows:
The on-site mental health professional shall operate as an independent contractor. This position will
receive no benefits, and the contractor must have his/her own professional liability insurance. The total
cost of the contractor for 30 months will be $178,240.
Advertising expenses (national) $1,500
Relocation Payout $5,000
Training, Demystifying the Forensic Interview $1,000
Wages, Year 1 $65,000
Wages,Year2(COLI) $66,625
Wages, Year 3(6 months) $34,145
Retention Bonus(after 30 months of service) $5,000
TOTAL for 30 months of continuous service $178,240
Leveraged/matched funding:
Subrecipient has made application to CSAC for general operating funds of which
a portion will be Board designated to partially fund a mental health professional
for 12 months of the grant period: ($31,000)
Subrecipient has also made application to Caring for Colorado through a special
impact fund to partially fund the same position for 18 months.
($58,500)
Unmet need(ARPA request) $88,770
Subrecipient will absorb indirect costs (cost of occupancy, administrative support, accounting service,
etc. This position is not intended to be permanent and, therefore, sustainability past 30 months is not a
consideration.
Subrecipient's performance under the "Bridging the Mental Health Gap to Care" program will be
assessed by the following outcome measurements(e.g.,results and measures of success,etc.):
❑ Immediate outcome: Immediate psychological adjustment; acquiring/improving coping skills;
children have no/reduced gap in service between their interview and their first appointment
with a long-term provider.
o Intermediate outcome: Psychological growth for child and caregiver(s); increased number of
9
people have first appointment after Forensic Interview.
❑ Long-term outcome: Increased number of victims who accomplish their therapy goals;
Reduction in victimization; Increased functioning of child across domains (education,
psychosocial, physical); and healing for the victim and family.
2. The "Head to Toe" Medical Exams for Youth Program
Subrecipient shall offer head-to-toe medical exams to children referred in response to alleged child abuse
and their siblings and other children in the same household at no cost to the family. All medical
practitioners must have a thorough understanding of child abuse and neglect. Examinations which have
findings that the medical provider deems are abnormal or"diagnostic"will be discussed with the child's
caregivers for referral to an appropriate medical provider.
Exams may be scheduled on the same day as a forensic interview, or after hours or weekend days. The
number of exams may be limited based on the other demands on Subrecipients' medical providers.
Medical providers must meet at least one of the following criteria:
❑ Child Abuse Pediatrics Sub-board eligibility or certification;
❑ Physicians without board certification or board eligibility in the field of Child Abuse Pediatrics,
Advanced Practice Nurses, and Physician Assistants should have a minimum of 16 hours of
formal didactic training in the medical evaluation of child sexual abuse;
❑ Forensic Nurse Examiners without advanced practitioner training with a minimum of 40
hours of coursework specific to the medical evaluation of child abuse followed by a
competency based clinical preceptorship.
The cost (budget)for the"Head to Toe" Medical Exams for Youth program is as follows:
Subrecipient shall pays a flat rate to contracted SANEs for exams. 240 additional exams in 12 months @
$250 per exam = $60,000 PCAC will absorb the cost of supplies (exam gloves, paper products, swabs,
etc.)
Subrecipient's performance under the"Bridging the Mental Health Gap to Care" program will be assessed
by the following outcome measurements (e.g., results and measures of success, etc.):
Immediate Outcomes: Ensure the health, safety, and well-being of children not(yet)connected to a
case. Evaluate, diagnose, and address medical conditions that may be
related to abuse. Evaluate, diagnose, and address medical conditions
unrelated to abuse.
Assess the child for any developmental, emotional, or behavioral
problems needing further evaluation and treatment and make referrals
as necessary.
Reassure and educate the child and family
Because children have previous understanding of, and familiarity with, the
helping role of doctors and nurses, they may disclose information to medical
personnel that they might not share with investigators. In fact, some children
can describe residual physical symptoms to medical providers even when no
injury is seen.
10
Long term Outcome: Parents make a plan for routine pediatric care.
Improved quality of life when children learn about their bodies. The cycle of
abuse is stopped.
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. 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.
11
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.)
12
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 sec.), 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 11 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;
13
(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. 4700; and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971
(36 FR 892 1 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).
14
EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement, retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA)
in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to
perform any service as an employee,contract employee, consultant, independent contractor,or through other arrangements, is
subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with
the City of Pueblo,this document must be completed, signed and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity, including an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo'? Yes , 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.
15
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th day of
October 2021, by and between the City of Pueblo, a Colorado municipal corporation, hereinafter referred
to as the "City" and the Executives Partnering to Invest in Children, 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 (3) 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)(7)and
(12)recipients may provide CLFR Funds to programs or services to at-risk children and disproportionately
impacted communities; and
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 3, 2021 until December 31, 2024(to be expended by December 31, 2026);
and
WHEREAS, Subrecipient has requested that the City use CLRF Funds for the "Literacy
Excellence for All" Project (hereinafter"Project"); 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 mutually agree as follows:
1. SCOPE OF SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
1
As Amended
October 25, 2021
(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
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.
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 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
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 Thirty-Six Thousand
Dollars (U.S. $36,000.00). City shall make payments to United Way of Pueblo County,
Colorado, Inc., a Colorado nonprofit corporation, as fiscal agent of Subrecipient, in the
following amounts on the following dates:
2
Date Amount
01/04/22 $ 4,500.00
04/01/22 4,500.00
07/01/22 4,500.00
10/01/22 4,500.00
01/02/23 4,500.00
04/03/23 4,500.00
07/05/23 4,500.00
10/02/23 4,500.00
Total ; $36,000.00
(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.
4. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from January 1, 2022 to December 31, 2023 unless this
Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from October 25, 2021 to December 31, 2024 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 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 funds to the 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
3
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 Board 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 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 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 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 in relation 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. Financial and activity
reports shall be submitted quarterly no later than the ninth (9`h) day of the month following the end of
the quarter for which the report is submitted.
11. INDEPENDENCE OF SUBRECIPIENT
4
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
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.
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 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
5
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
City Cle Nicholas A Gradisar, ayor
[S E A L]
Subrecipient:
EXECUTIVES PARTNERING TO INVEST IN CHILDREN
A COLORADO NONPROFIT CORPORATION
ATTEST:
By
Signature Signature
Name Name tiGt
Title Title Er C ( k-0,
6
EXHIBIT A
SCOPE OF SERVICES
A. Principal Tasks
The Subrecipient will be responsible for administering the Project for all children residing in Pueblo
County, Colorado, but with a particular focus on at-risk children coming from disproportionately impacted
communities. The Subrecipient will administer all tasks encompassed in 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 work plan under this Agreement shall be as follows:
1. Subrecipient, through its"Literacy Excellence for All" project shall provide new or high-quality,
no cost, grade-appropriate books to the youth of Pueblo County, through Subrecipient's extensive
network of partners and access points. In carrying out its project, Subrecipient shall operate with a
particular focus on at-risk children coming from disproportionately impacted communities.
2. During the term of the Project, Subrecipient shall engage in timely and relevant parental
instruction and guidance to support parents, guardians and families in their important roles as ad-hoc
educators to the children in their households. Such educational programs shall include periodic brown
bag series presentations, on a regular basis, to show how parents and guardians can support their
children with engagement and fostering reading and learning.
3. During the two-year term of this project and to the extent reasonably feasible, Subrecipient
shall provide books, educational materials, and presentations at no cost to the following organizations
and partners:
Bessemer Academy
Beulah Heights Elementary
Beulah Middle School
Chavez/Huerta K-12 Preparatory Academy
Canon Exploratory School
Catholic Charities of the Diocese of Pueblo
Colorado Department of Corrections La Vista Women's Prison
East Side Child Care Center
El Pueblo Museum
Fountain Elementary
Franklin Elementary
Fremont Elementary
Happyland Preschool
Kinderkirk Child Care Center
NeighborWorks of Southern Colorado
North Mesa Elementary
Penrose Elementary
Praise Assembly Happy Halloween —Trunk or Treat
Pueblo City-County Library District
Pueblo Community Baby Shower
Pueblo Community College
Pueblo Family Child Care Home Association
Pueblo Fire Department- Fire Fit Kids
7
Pueblo Head Start
Pueblo Poverty Foundation's Annual Christmas Party
Pueblo Violence Prevention Initiative
Rampart Supply
Rocky Mountain SER
Rye High School
School District#70 Summer Lunch Program
Small Business Development Center(SBDC)
Swallows Charter Academy
Villa Bella Expeditionary School
Vineland Elementary
YWCA Family Crisis Center
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. 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.
8
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.)
9
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 sec.), 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 Ill 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;
10
(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)1;
(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/OSI-IA).
1l
EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA)
in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to
perform any service as an employee,contract employee,consultant, independent contractor,or through other arrangements,is
subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with
the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity, including an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo? Yes ,No
b) If you answered"yes"to(a)above,please answer the following question: Are you an individual,sole proprietor or
panne ship, or a business or company owned or operated by a PERA Retiree or an affiliated party'? Yes
No "1_
If
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
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.
12
AMENDMENT TO SUBRECIPIENT AGREEMENT
THIS AMENDMENT TO SUBRECIPIENT AGREEMENT ("Amendment") is entered
into this 29 day of July, 2022 between the City of Pueblo, a Colorado municipal
corporation (hereinafter referred to as the "City") and EPIC Pueblo, a Colorado
nonprofit corporation, hereinafter referred to as the "Subrecipient." City and Subrecipient
are sometimes each referred to as a "Party" and collectively "Parties." WITNESSETH:
WHEREAS, City and Subrecipient entered into that certain Subrecipient
Agreement ("Agreement") dated October 25, 2021 which was approved by City Council
on October 25, 2021 by Ordinance No. 10026.
WHEREAS, Subrecipient desires to correct the name of the Subrecipient in the
Agreement and the City agrees to the requested change.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, City and Subrecipient agree as follows:
1. Contract Amendment. The Agreement is hereby amended to read as follows:
1.1. The name of the Subrecipient in the Agreement shall be and hereby is
changed from "Executives Partnering to Invest in Children" to "EPIC
Pueblo."
1.2. Section 4(c) of the Agreement is hereby amended to read as follows:
(c) The aggregate of all payments made hereunder shall
not exceed Thirty-Six Thousand Dollars (U.S. $36,000.00). City
shall make payments to Subrecipient, in the following amounts on
the following dates:
Date Amount
01/04/22 $ 4,500.00
04/01/22 4,500.00
07/01/22 4,500.00
10/01/22 4,500.00
01/02/23 4,500.00
04/03/23 4,500.00
07/05/23 4,500.00
10/02/23 4,500.00
Total $36,000.00
1
2. Ratification of Prior Agreement. The original Subrecipient Agreement
entered into by the Parties on or about October 25, 2021, is incorporated herein by this
reference, is hereby ratified and shall remain in full force and effect, except as changed
by this Amendment.
3. Authority of Mayor. The Mayor executes this Amendment pursuant to
authority granted him by P.M.C. 1-5-2 (2)(f).
Executed at Pueblo, Colorado, the day and year first above written.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL
CORPORATION
(ozahoegi•
Mayor
[S E A L]
Subrecipient:
EPIC Pueblo, a Colorado nonprofit corporation
ATTEST:
By By / L/�'
Signature Si•'irrre
NameName: /etc.
r r' rchar
Title Title: GCCc ;re- 4-or
2
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th day of
October 2021, by and between the City of Pueblo, a Colorado municipal corporation, hereinafter referred
to as the "City" and the Senior Resource Development Agency, Pueblo, Inc., 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
(Pl. 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 (3) 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)(7) and
(12) recipients may provide CLFR Funds to programs or services to at-risk senior citizens and
disproportionately impacted communities; and
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 3, 2021 until December 31, 2024 (to be expended by December 31, 2026);
and
WHEREAS, Subrecipient has requested that the City use CLRF Funds for the purpose of
constructing the Union Avenue Apartments pavilion (hereinafter"Project"); and
WHEREAS, the COVID-19 pandemic has had an especially devastating impact on the City
of Pueblo's senior citizens. People over 65 have endured much higher rates of hospitalization and
death as a result of the virus. Mental health consequences have been commensurate with physical
illnesses. Due to the "lock downs" and social distancing required by public health orders, isolation,
loneliness and depression have reached emergency levels for Pueblo's seniors; and
WHEREAS, Union Square is located in a Qualified Census Tract. It is surrounded not only
by Subrecipient's Senior Center but also by adjacent senior living facilities. The Pavilion will provide
an outdoor space to allow social distancing and thereby prevent the spread of COVID-19 disease.
In addition, the Pavilion will be a venue for recreation and socialization, resulting in improved
physical and mental health for the neighborhood's senior citizens; and
1
WHEREAS, Subrecipient's demand for nutrition services rose over 15% over 2019 and the
Subrecipient is on track for 2021 to almost double the number of congregate meals served to
seniors. As the pandemic drags on so does the need for food and socialization. By building out this
unused space not only is the Subrecipient able to accommodate more seniors at the meal site, but
also provide an alternative place to gather that feels safer to some; and
WHEREAS, the Project solves issues around vulnerability for Pueblo's older adults. Many
of the communities seniors have been requesting a way to still be able to participate but in a way
that feels more comfortable to them, which is outside. Older adults that still do not feel comfortable
gathering indoors can have a space where they can come and feel comfortable, while interacting
with their peers and those that are more comfortable can continue to gather inside; 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 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 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
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.
3. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
2
(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 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
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 Thirty-Seven
Thousand Five Hundred Dollars (U.S. $37,500.00). Said funds shall be available to be
paid to Subrecipient from November 1, 2021 until December 31, 2023.
(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 November 1, 2021 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from October 25, 2021 to December 31, 2024
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.
3
(c) Post Expiration and Termination Procedures: Upon expiration or in the event of a prior
termination, 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 funds to the 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 Board 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 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. On the ninth (9th)
day of the month following the end of the quarter in which ARPA funds in the amount of$37,500.00
are paid to the Subrecipient, the Subrecipient shall furnish to the City a quarterly program and
financial report of its activities in such form and manner as may be requested by the City. Subrecipient
shall fully cooperate with City in relation to such monitoring and evaluation.
4
(c) Post Expiration and Termination Procedures: Upon expiration or in the event of a prior
termination, 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 funds to the 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 Board 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 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. On the ninth (9th)
day of the month following the end of the quarter in which ARPA funds in the amount of$37,500.00
are paid to the Subrecipient, the Subrecipient shall furnish to the City a quarterly program and
financial report of its activities in such form and manner as may be requested by the City. Subrecipient
shall fully cooperate with City in relation to such monitoring and evaluation.
4
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.
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
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.
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 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
5
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
•
CC) 1 By_2404geagaiiromp:f
City Cler Nicholas A Gradisar, yor
[S E A L]
Su breci pient:
SENIOR RESOURCE DEVELOPMENT AGENCY,
PUEBLO, INC.
A COLORADO NONPROFIT CORPORATION
ATTEST:
By B
Signature Signature
Name Name Stephen G. Nawrocki
Title Title Executive Director
6
EXHIBIT A
SCOPE OF SERVICES
A. Principal Tasks
The Subrecipient will be responsible for administering the Project for all senior citizens
residing in Pueblo County, Colorado, but with a particular focus on at-risk seniors coming from
disproportionately impacted communities. The Subrecipient will administer all tasks encompassed
in 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 work plan under this Agreement shall be as follows:
1. Subrecipient shall convert the unused space in between Subrecipient's facility and the Union
Plaza apartments into an outdoor seating and recreation area. Transforming this space will allow
the Subrecipient to accommodate outdoor seating for its main congregate meal site, while also
helping to expand outdoor recreation activities.
2. Subrecipient will measure success by older adults fully utilizing the outdoor space for meals and
recreation. During the term of this Agreement, Subrecipient shall track the number of seniors eating
meals in the outdoor pavilion, as well as those using the outdoor space for recreation activities.
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. 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.
7
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.)
8
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 11 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));
9
(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;
(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. 4700; 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).
10
EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA)
in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to
perform any service as an employee,contract employee,consultant, independent contractor,or through other arrangements, is
subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with
the City of Pueblo,this document must be completed, signed and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity, including an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo? Yes ,No X_.
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 October 13, ,20 21 .
By:
Name: Stephen G.Nawrocki
Title: Executive Director
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.
11
AMENDMENT TO SUBRECIPIENT AGREEMENT
THIShMENDMENT TO SUBRECIPIENT AGREEMENT("Amendment")is entered
into this ay of December, 2022, between the City of Pueblo, a Colorado municipal
corporation (hereinafter referred to as the "City") and the Senior Resource Development
Agency, Pueblo, Inc., a Colorado nonprofit corporation, hereinafter referred to as the
"Subrecipient." City and Subrecipient are sometimes each referred to as a "Party" and
collectively"Parties."WITNESSETH:
WHEREAS, City and Subrecipient entered into that certain Subrecipient
Agreement ("Agreement") dated October 25, 2021, which was approved by City Council
on October 25, 2021, by Ordinance No. 10026; and
"WHEREAS, the Parties wish to expand the scope of the Project specified in the
Subrecipient Agreement,to include limited rehabilitation of certain outdoor fixtures(repair
of landscape beds)of the City-owned premises leased to the Subrecipient, located at 230
N. Union Ave., Pueblo, CO ("Premises"); and
WHEREAS, the Premises are located in a Qualified Census Tract; and
WHEREAS, the rehabilitation of the outdoor fixtures (repair of landscape beds)
"will promote improved health and safety outcomes." See U.S. Treasury ARPA Final Rule
p. 132.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, City and Subrecipient agree as follows:
1. Amendment. Section 3(c)of the Subrecipient Agreement shall be and hereby
is amended to read as follows:
(c) The aggregate of all payments made hereunder shall not exceed Thirty-Seven
Thousand Five Hundred Dollars(U.S. $37,500.00). Said funds shall be available
to be paid to Subrecipient from November 1, 2021 until December 31,2026.The
allocation of such funds shall be as follows:
Description Amount
Construction of outdoor seating and recreation area _ $ 32,800
Repair of landscape beds 4,700
Total $ 37,500
2. Ratification of Prior Agreement. The original Subrecipient Agreement
entered into by the Parties on or about April 25, 2021 is incorporated herein by this
reference, is hereby ratified and shall remain in full force and effect, except as amended
1
by this Amendment.
3. Authority of Mayor. The Mayor executes this Amendment pursuant to
authority granted him by P.M.C. 1-5-2 (2)(f).
Executed at Pueblo, Colorado, the day and year first above written.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL
CORPORATION
41)
By7 i11_ Xesge440')
City Clera Nicholas A. Gradisar, Mayor
[S EAL]
Subrecipient:
SENIOR RESOURCE DEVELOPMENT
AGENCY, PUEBLO, INC.
A COLORADO NONPROFIT
CORPORATION
By
Signature
Name. „AL
Title - .a - 41116
2