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HomeMy WebLinkAbout10027ORDINANCE NO. 10027 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO RESCUE MISSION, A NON-PROFIT CORPORATION, IN THE AMOUNT OF $20,000 TO PROVIDE NON-CONGREGATE SHELTER AND RELATED SERVICES TO HOMELESS INDIVIDUALS EXPERIENCING COVID ILLNESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, there exists a need for non-congregate shelter during the COVID Pandemic in the City of Pueblo; and WHEREAS, there exists a need to ensure the homeless shelter remains operational in the City of Pueblo; and WHEREAS, the Pueblo Rescue Mission, a nonprofit corporation, owning and operating th the homeless shelter located at 728 W. 4 Street, Pueblo, Colorado; and WHEREAS, the Pueblo Rescue Mission has requested assistance to provide non- congregate shelter to is clients suffering from COVID; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of $20,000.00 are hereby authorized to be paid from Project CDCV- 060 – Non-Congregate Shelter, for purposes of funding activities described in the City of Pueblo Subrecipient Agreement. SECTION 2. The City of Pueblo Subrecipient Agreement (“Agreement”) dated October 25, 2021 between the Pueblo Rescue Mission, a Colorado Nonprofit Corporation, and the City of Pueblo, a Municipal Corporation, in the amount of $20,000.00, providing for non-congregate shelter and related services, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures herein. SECTION 5. 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-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Bryan Gallagher, Director, Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO RESCUE MISSION, A NON-PROFIT CORPORATION, IN THE AMOUNT OF $20,000 TO PROVIDE NON- CONGREGATE SHELTER AND RELATED SERVICES TO HOMELESS INDIVIDUALS EXPERIENCING COVID ILLNESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an agreement with the Pueblo Rescue Mission in the amount of $20,000.00 to provide non-congregate shelter and related services to homeless individuals experiencing COVID illness. The purpose of the Ordinance is to ensure shelter operations during high COVID positivity rates in the community. PREVIOUS COUNCIL ACTION: Council previously budgeted and appropriated $50,000.00 of CDBG-CV funds for Non- Congregate Shelter Services to Project CDCV-060 under Ordinance No. 9951. That Ordinance listed Posada Inc. as a potential recipient. Of those funds, $20,000.00 would be provided to Pueblo Rescue Mission under this Ordinance. BACKGROUND: By Public Order, an outbreak of COVID-19 within a homeless shelter can cause the shelter operations to cease. With cold weather approaching, an ill-timed disruption of service could be life threating. This Ordinance serves as a line of defense to protect the shelter operations by making funds available for motel stays and associated services, should the designated units be occupied or unavailable. The agreement provides funding for the following activities: Motel Stays - $10,000.00 Case Management/Direct Client Services - $ 7,500.00 Ancillary Items such as food, medication, clothing - $ 2,500.00 Total - $20,000.00 FINANCIAL IMPLICATIONS: This Ordinance approves $20,000.00 from the CDBG-CV Project CDCV-060 project balance to allow the Pueblo Rescue Mission to assist homeless individuals suffering from COVID shelter off- site. The City has received the funding for this activity and funds are available in the 250 Account. BOARD/COMMISSION RECOMMENDATION: The Citizens Advisory Committee recommended funding for Non-Congregate Shelter Services. STAKEHOLDER PROCESS: Three public hearings were held prior seeking input on the use of funds. ALTERNATIVES: Council may elect not to fund this activity. RECOMMENDATION: The Department of Housing and Citizen Services recommends approval of the Ordinance. ATTACHMENTS: Subrecipient Agreement AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES (Subrecipient Agreement) (Non-profit entity) THIS AGREEMENT ("Agreement") is made and entered into this 25th day of October 2021, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City", and Pueblo Rescue Mission,a nonprofit entity,728 West 4"'Street,Pueblo,CO 81003,hereinafter referred to as the"Subrecipient", for COVID Non-Congregate Shelter Program,CDCV-060. WITNESSETH THAT: WHEREAS, the City has entered grant agreements with the U.S. Department of Housing and Urban Development("HUD")whereby federal financial assistance may be made available to the City under Title I of the Housing and Community Development Act of 1974, as amended to date; and WHEREAS, pursuant to such grant agreements the City is undertaking certain activities necessary for the execution of a project situated in the project area described in the Scope of Services; and WHEREAS,the City desires to disburse funds to the Subrecipient to execute certain projects and/or perform certain services in connection with such undertaking of the City; and WHEREAS,Subrecipient has represented to the City that is duly qualified,eligible and willing to undertake certain projects and/or services identified herein and in the Scope of Services attached hereto. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein,the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES; RESPONSIBILITIES OF SUBRECIPIENT (a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or 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 fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Part 570 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 program. In the absence of such a designation, the Mayor shall be deemed as City's authorized representative. 1 3. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT (a) The City will pay to Subrecipient an amount up to that specified in subparagraph (c) of this paragraph as full compensation for all services and work to be performed or undertaken by Subrecipient under this Agreement. Payment of funds to Subrecipient is subject to all of the following requirements, which shall be conditions precedent to payment: (i)that Subrecipient has expended funds for eligible approved expenditures, (ii) that Subrecipient is not in default of any material provision of this Agreement nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for payment or reimbursement detailing the eligible payment or reimbursement items in a format approved by City, (iv) that Subrecipient has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is sought were made for and in furtherance of an approved project and are an eligible use of federal assistance under the Act and federal regulations, and (v) that City has timely received from HUD sufficient federal assistance under the Act to make the payment or reimbursement hereunder. (b)Payment hereunder is also subject to and may only be disbursed in accordance with applicable HUD regulations including but not limited to those at 24 CFR Part 570,as presently promulgated and as same may be revised from time to time in the future, all other terms of this Agreement, and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in 24 CFR Part 570. (c) The aggregate of all payments made hereunder shall not exceed Twenty Thousand and 00/100 dollars(U.S. $20,000.00). (d) Upon expiration of the term of this Agreement or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 4. TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021,to September 30, 2022, 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 Director of Housing and Citizen Services whose decision shall be final. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. In accordance with 24 CFR Part 570, cause for termination shall include any material failure by Subrecipient to comply with any term of this Agreement. (b) For Convenience: This Agreement may be terminated for convenience in accordance with the provisions of 24 CFR Part 570. This Agreement shall automatically terminate at the end of its term as well as in the event of any suspension,reduction or non-receipt of Community Development funds by City. (c) Post Termination Procedures: In the event of termination, all property acquired by Subrecipient with grant funds, all grant funds, program income, and loans originated with grant funds or by payments therefrom and payments received under such mortgage loans held, owned or retained by the Subrecipient shall immediately become the sole and separate property of the City and the Subrecipient shall perform all 2 acts and execute all instruments necessary to transfer and assign such property, funds, income, and mortgage loans to City. Everything finished or unfinished documents, data, studies, reports, and work product prepared by the Sub recipient under this Agreement or with grant funds shall, at the option of the City, become City's property and the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work completed for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. 7. CONFLICT OF INTEREST The Subrecipient certifies and warrants that neither it nor any members of its Boards of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement,nor has an interest in any contract,subcontract or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations including but not limited to those set forth in 24 CFR Part 570 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 24 CFR 570.502. The Compliance Provisions attached as Exhibit"B"hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The City, HUD, Comptroller General of the United States, the Inspector General of HUD and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipient which relate to this Agreement for making an audit or examination. Upon completion of the work and end of the term of this Agreement,the City may require all Subrecipient's financial records relating to this Agreement to be turned over to City. 9. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and performance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, 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 monthly or quarterly program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City relating to such monitoring and evaluation. 3 10. SUBRECIPIENT FILES AND INFORMATION REPORTS The Subrecipient shall maintain files containing information which shall clearly document all activities performed in conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by the Subrecipient for a period of three years after the completion of the project. Activity reports shall be submitted monthly or quarterly no later than the fifteenth day of the month following the end of month or quarter for which the report is submitted, and no later than the following dates: 1. First Quarter: December 15,2021 2. Second Quarter: March 15,2022 3. Third Quarter: June 15,2022 4. Fourth Quarter: September 15,2022 5. Close-out Report: October 15,2022 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,defend,and save harmless the City, its officers, agents and employees,from and against all claims, liabilities, costs expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule or regulation. (b) Subrecipient agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts,claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph(c). (c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars($600,000)per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No/l00 Dollars($600,000) per occurrence for property damage. 4 (d) In the event Subrecipient's obligations under this Agreement are secured by a deed of trust or mortgage instrument as provided in paragraph 14(c)of this Agreement, Subrecipient agrees to procure and maintain, at its own expense,hazard and fire insurance upon the property described in said deed of trust on an all-risk form in such amounts of all liens against the property and the amount of funds provided by City pursuant to this Agreement. Subrecipient shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to Subrecipient. Both said certificate of insurance and the policy procured by Subrecipient shall name the City as an additional insured and loss payee. 13. CERTIFICATIONS The Subrecipient agrees to execute and abide by the certifications contained in Exhibit"C" hereto, which are hereby made a part of this Agreement. Subrecipient will have any contractors or subcontractors agree to execute and abide by the certifications contained in Exhibit"C"to this Agreement. 14. PROGRAM INCOME; REVERSION OF ASSETS (a)Unless otherwise authorized by City in writing,all program income shall be returned to City within 30 days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the amount of grant funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR 570.504(b)(2)(i)and(ii) (b) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (c) Any real property under Subrecipient's control that was acquired or improved in whole or in part with funds provided pursuant to this Agreement in excess of U.S. $25,000 shall either: (i) be used to meet one of the national objectives set forth in 24 CFR 570.208 until five years after expiration or termination of this Agreement, or (ii) not be used in accordance with subparagraph (c)(i), in which event Subrecipient shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of funds not provided under this Agreement for the acquisition of, or improvement to the property. The use restriction and repayment obligation set forth in this subparagraph shall survive termination or expiration of this Agreement and shall be fully enforceable and subject to collection by City or HUD in accordance with applicable laws. If requested by City,Subrecipient shall execute a deed of trust or mortgage instrument which shall be and constitute a lien upon all real property acquired or improved with funds provided hereunder, and which shall secure all obligations of Subrecipient hereunder. (d) In the event City incurs any costs or expenses in enforcing the requirements of this paragraph 14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorneys' fees. 15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY (a) In addition to all procurement requirements otherwise applicable to Subrecipient pursuant to any other provision of this Agreement or pursuant to any requirement of law or regulation incorporated in this Agreement by reference, if any portion of the funds provided to Subrecipient under this Agreement is to be used for making improvements to real property, including new construction, rehabilitation, or remodeling,then in such event Subrecipient shall comply with all requirements of this Paragraph 15. 5 (b) No improvements shall be undertaken to real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefore have been prepared by a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in the state of Colorado; (ii) such plans and specifications have been filed with the City and approved by both the City's designated representative and the City's Director of Public Works; and(iii) all construction contracts for improvements for which payment is sought from City shall have been awarded only after an open, competitive bidding process which has been approved by City's Director of Purchasing and which allows qualified contractors to reasonable participate in the competitive bidding procedures. (c) If this Paragraph 15 is applicable, no disbursement of funds to Subrecipient shall be made by City hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and Subrecipient files with City's Director of Housing and Citizen Services a written request for payment signed by an officer of Subrecipient that certifies: (i) that the amounts included in the request for payment have not been included in any prior request for payment, and(ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefore. (d) In every contract for construction of improvements for which payment or reimbursement from City is to be provided under this Agreement, Subrecipient shall include a contract clause or clauses, approved by City's Director of Purchasing, requiring the contractor, and all of the contractor's subcontractors of all tiers,to comply with the requirements of the Davis-Bacon Act and implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as determined by the U.S. Department of Labor. 16. RECOGNITION OF HUD, CITY In all printed materials, project descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided by U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of HUD and City in all such printed materials and project signage, if any. 17. 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 Finance Office as part of the signed Agreement. 18. ENTIRE AGREEMENT; AMENDMENTS The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provisions of this Agreement shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 6 19. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. 20. AUTHORITY FOR SIGNATURES; ELECTRONIC SIGNATURES (a) 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. (b) This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law,and(iii)enforceable in accordance with its terms. 21. FUND AVAILABILITY; SUBJECT TO LAW (a) Financial obligations of City, if any, after the current year in which this Agreement is signed by both parties are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by HUD, Pueblo City Council and City executive departments. Nothing herein shall be deemed to create an ongoing financial obligation of City. (b) This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement,with respect to any financial obligation of City which may arise under this Agreement in any fiscal year, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation,such failure shall not constitute a default by or breach of this Agreement, including any sub- agreement, attachment, schedule or exhibit thereto, by the City. City may in its sole and absolute discretion terminate this Agreement for reasons of non-appropriation immediately upon written notice without causing default or breach. (c) Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party,or to waive any immunities or limitations otherwise conferred upon the City of Pueblo,a Municipal Corporation under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. 7 IN WITNESS, WHEREOF,the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION Q • By City CI 11411 ClNicholas A Gradisar, Ma r [SEAL] Subrecipient: Pueblo Rescue Missi n ATTEST: By By % . �Lf Signature Signat. ) f (1;.,)Name Name }�-% f /JO 11 Title Title __7(ie-1-(-7—} ) I [ /zCro 8 EXHIBIT A SCOPE OF SERVICES A. Principal Tasks The Subrecipient will be responsible for administering COVID-CV funds(CDCV-060) and a non-congregate shelter services program for homeless, low-income individuals. The Subrecipient will administer all tasks for the aforesaid program in compliance with all applicable federal,state,and local rules and regulations governing these funds and, in a manner, satisfactory to the Grantee. The major goal of the Subrecipient's efforts under this Agreement will be as follows: 1. Subrecipient will provide supportive services such as non-congregate shelter, food, clothing, and supplies, and basic needs assistance during an individual's quarantine. 2. Subrecipient will only use these funds for those activities listed to be carried out to prevent, prepare for,and respond to coronavirus. 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 Grantee. Subrecipient will submit at a minimum quarterly reports that address the Subrecipient's ability to meet the goals and outcomes(Exhibit 4)as submitted with the initial application. B. Budget and Method of Compensation The Subrecipient will submit reimbursement requests for services rendered, operating expenditures and materials purchased supported by original invoices. Approved budget is as follows: Commodities: Other: Motel Reimbursement/Shelter $ 10,000 Case Management $ 7,500 Supplies, Clothing, Food $ 2.500 Total $20,000 C. Performance Monitoring: The City will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will be considered 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 notified by the City contract suspension or termination procedures will be initiated. D. Time of Performance: Services shall start on the October 1,2021 and end on the September 30,2022. The term of this agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG-CV funds and other assets including program income. 9 EXHIBIT B COMPLIANCE PROVISIONS INCORPORATED IN A CONTRACT FOR SERVICES I. An accounting system using the accrual basis of generally accepted accounting principles which accurately reflects all costs chargeable(paid and unpaid)to the project should the project terminate the next day is mandatory. A receipts and disbursements ledger must be maintained. A general ledger with an income and expense account for each budgeted line item is necessary. Paid invoices revealing check number, date paid, and item are necessary. Paid invoices revealing check number,date paid, and evidence of goods or services received are to be filed per the expense account they were charged. All payments must be made to the provider of such items or services on behalf of an individual, and not directly to an individual in the form of income payments, debit cards, or similar direct income payments. The City must review and approve your account system and internal controls prior to the release of funds. 2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence of a budget amendment. 3. A log listing all long-distance telephone calls must be maintained (showing date, city and agency called, person making call and person called). 4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the program as determined by the City. All costs must be budgeted items. Request for advance or reimbursements of expenses must be accompanied by: I. 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 parties of the Subrecipient. Each Subrecipient is further cautioned against obligating funds beyond the contract date of the agreement between the City and the Subrecipient. (Example: rent or lease agreements, service contracts, insurance, etc.) 7. The contractor will furnish the City such statements, records, data and information, and permit such interviews with personnel as the City may request to effectively monitor and evaluate the project. 8. City auditors will periodically make interim audits and may, upon completion of the project, make a final audit. 9. All records must be retained by the agency for a period of five years following the last day of each contract. (Cost summary reports must reflect actual general ledger balances.) 10. Subrecipient will have any contractors or subcontractors agree to execute and abide by the certifications contained in Exhibit"C"to this Agreement. 10 EXHIBIT C CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 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 1 1063, 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 Act of 1975 (Pub. L. 94-135), as amended,and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (1 1) 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 Part 570, 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) HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; 11 (15) 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)); (16) 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; (17) The Wild and Scenic Rivers Act of 1968(16 U.S.C. 1272 et seq.)as amended, particularly section 7(b)and(c) [16 U.S.C. 1278(b)and(c)]; (18) 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; (19) 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)]; (20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.), particularly sections 2 and 5; (21) It will comply with the 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.); (22) 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 (23) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.), particularly section 2(c). (24) 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. (25) No CDBG-CV 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. 12 (26) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure,abatement procedures and disposal. (CPD-90-44 EPA/OSHA). (27) When HOME Investment Partnership Act funds are used, the Subrecipient will comply with implementing regulations and requirements under(24 CFR 92). Signature: Subrecipient 13 EXHIBIT D COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee,contract employee,consultant, independent contractor,or through other arrangements,is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: a) Are you,or do you employ or engage in any capacity,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. 14 ADDITIONAL REPORTING REQUIREMENTS Pueblo Rescue Mission You must submit the following forms and/or information with your signed contract(s). A. Board of Directors Roster; B. Staff Roster; C. Budget. You must submit the following forms and information with each request for disbursement of funds. A. Request for reimbursement form; B. Copies of canceled checks; C. Copies of invoices or receipts; D. Signed payroll sheets; E. Demographic information of clients served(can be done quarterly); F. Any other report or information as required by the grantor or federal agency. Requests for disbursements of CDBG-CV funds will not be processed until all necessary information and forms are complete. Incomplete requests will be returned to the agency. Executive Director 15