HomeMy WebLinkAbout10156ORDINANCE NO. 10156
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO SIGN NINE SUBRECIPIENT AGREEMENTS BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION
AND (1) FRIENDLY HARBOR, A COLORADO NONPROFIT
CORPORATION; (2) THE PUEBLO CHILD ADVOCACY CENTER,
INC., A COLORADO NONPROFIT CORPORATION; (3) THE
PUEBLO RESCUE MISSION, A COLORADO NONPROFIT
CORPORATION; (4) PUEBLO DIVERSIFIED INDUSTRIES, INC., A
COLORADO NONPROFIT CORPORATION; (5) THE YWCA OF
PUEBLO, A COLORADO NONPROFIT CORPORATION; (6) THE
SOUTHEASTERN COLORADO AREA HEALTH EDUCATION
CENTER FOR RURAL COLORADO’S HEALTH, INC., A
COLORADO NONPROFIT CORPORATION; (7) THE URBAN
RENEWAL AUTHORITY OF PUEBLO, COLORADO, A
COLORADO URBAN RENEWAL AUTHORITY; (8) PUEBLO
COMMUNITY COLLEGE, A COLORADO COMMUNITY COLLEGE,
FOR (A) THE INNOVATIVE AND INTERACTIVE
ENTREPRENEURIAL EDUCATION OF PUEBLO, COLORADO’S
YOUTH PROJECT THROUGH THE SOUTHERN COLORADO
SMALL BUSINESS DEVELOPMENT CENTER AND THE
SOUTHERN COLORADO INNOVATIVE LINK; AND (B) THE
FEMALE FOUNDER PROJECT, THROUGH THE SOUTHERN
COLORADO SMALL BUSINESS DEVELOPMENT CENTER, AS
AUTHORIZED BY SECTION 603 (c)(1)(A) OF THE AMERICAN
RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR
35.6 AND AUTHORIZING THE PAYMENT OF SIX HUNDRED
SEVENTY-FOUR THOUSAND SEVEN HUNDRED TWENTY-
EIGHT DOLLARS ($674,728) 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the 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 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 Final Rule 31 CFR 35.6 the City
may use CLFR Funds to the implement the nine programs described in the nine attached
Subrecipient Agreements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The following nine Subrecipient Agreements (“Agreements”) between and the City of
Pueblo, a Colorado municipal corporation and the following entities, dated April 25, 2022,
attached hereto, having been approved as to form by the City Attorney, are hereby approved:
Organization Project Amount of Award
1 Friendly Harbor Peer Support Specialists $ 75,000.00
2 Pueblo Child Advocacy Child Abuse Prevention Training 3,706.00
Center
3 Pueblo Diversified Industries Three 7-8 passenger vehicles 155,390.00
4 Pueblo Rescue Mission Homeless Shelter 107,963.00
5 SE Colo Health Education Pueblo Back on Track Health 66,669.00
Center Program
6 Pueblo YWCA Child Care Center 154,000.00
7 Pueblo Urban Renewal Upgrades to Audio/Visual 38,000.00
Equipment to Make Convention
Center COVID-19 Adaptable
8 Pueblo Community College Youth Entrepreneur Education 49,000.00
9 Pueblo Community College Female Founder Program $ 25,000.00
Total $ 674,728.00
SECTION 2.
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 3.
Funds in the amount of $674,728.00 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, for purposes of funding the nine projects described in the
Agreements.
SECTION 4.
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 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 April 11, 2022 .
Final adoption of Ordinance by City Council on April 25, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on April 27, 2022 .
□ 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-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 11, 2022
TO: President Heather Graham 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
NINE SUBRECIPIENT AGREEMENTS BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND (1) FRIENDLY HARBOR, A
COLORADO NONPROFIT CORPORATION; (2) THE PUEBLO CHILD
ADVOCACY CENTER, INC., A COLORADO NONPROFIT CORPORATION;
(3) THE PUEBLO RESCUE MISSION, A COLORADO NONPROFIT
CORPORATION; (4) PUEBLO DIVERSIFIED INDUSTRIES, INC., A
COLORADO NONPROFIT CORPORATION; (5) THE YWCA OF PUEBLO, A
COLORADO NONPROFIT CORPORATION; (6) THE SOUTHEASTERN
COLORADO AREA HEALTH EDUCATION CENTER FOR RURAL
COLORADO’S HEALTH, INC., A COLORADO NONPROFIT CORPORATION;
(7) THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO, A
COLORADO URBAN RENEWAL AUTHORITY; (8) PUEBLO COMMUNITY
COLLEGE, A COLORADO COMMUNITY COLLEGE, FOR (A) THE
INNOVATIVE AND INTERACTIVE ENTREPRENEURIAL EDUCATION OF
PUEBLO, COLORADO’S YOUTH PROJECT THROUGH THE SOUTHERN
COLORADO SMALL BUSINESS DEVELOPMENT CENTER AND THE
SOUTHERN COLORADO INNOVATIVE LINK; AND (B) THE FEMALE
FOUNDER PROJECT, THROUGH THE SOUTHERN COLORADO SMALL
BUSINESS DEVELOPMENT CENTER, AS AUTHORIZED BY SECTION 603
(c)(1)(A) OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY
FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF SIX
HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED TWENTY-
EIGHT DOLLARS ($674,728) FROM PROJECT NO. CI2113 - AMERICAN
RESCUE PLAN ACT, FOR PURPOSES THEREOF
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign nine Subrecipient Agreements with
local entities to implement 9 local projects, as authorized by Section 603(c)(1)(A) of the American
Rescue Plan Act and U.S. Treasury Final Rule 31 CFR 35.6. Funds for the 9 projects, in the
amount of $674,728.00, 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. CI-
2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be
distributed to the City from the American Recovery Plan Act (“ARPA”) for covered costs and
eligible expenses to be incurred during the period which began on March 3, 2021 until December
31, 2024 (to be expended by December 31, 2026).
BACKGROUND:
The attached Ordinance awards ARPA funds for the following nine local projects:
Organization Project Amount of Award
1 Friendly Harbor Peer Support Specialists $ 75,000.00
2 Pueblo Child Advocacy Center Child Abuse Prevention Training 3,706.00
3 Pueblo Diversified Industries Three 7-8 passenger vehicles 155,390.00
4 Pueblo Rescue Mission Homeless Shelter 107,963.00
5 SE Colo Health Education Pueblo Back on Track Health 66,669.00
Center Program
6 Pueblo YWCA Child Care Center 154,000.00
7 Pueblo Urban Renewal Upgrades to Audio/Visual 38,000.00
Equipment to Make the Convention
Center COVID-19 Adaptable
8 Pueblo Community College Youth Entrepreneur Education 49,000.00
9 Pueblo Community College Female Founder Program 25,000.00
Total $ 674,728.00
FINANCIAL IMPLICATIONS:
Nine local entities will receive $674,728.00 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 nine local projects.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Nine proposed Subrecipient Agreements
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and Friendly Harbor, a Colorado
nonprofit corporation, hereinafter referred to as the "Subrecipient" or "Friendly Harbor." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enable
Subrecipient to hire two new Peer Support Specialists and move two current part-time Peer
Support Specialists to full- time status (hereinafter "Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) Mental health issues and Substance Use Disorders have accelerated sharply
during the pandemic. An initial report (mental-health-substance-use-effects-covid-
pandemic-srb.pdf)issued in May, 2021 by the Substance Abuse and Mental Health
Services Administration (SAMHSA) a division of the U.S. Department of Health
and Human Services, estimated issues ranging from stress, anxiety, and
depression to serious substance abuse and suicidal ideation had increased by as
much as 28%. That was in May, 2021. Current data show these trends now in the
high 30% ranges or more. Nationwide, efforts to create access points for resources
to combat this pandemic-related issue are ramping up. Peer Support is among
those efforts and is having an impact locally.
(b) Friendly Harbor is seeking support funds to increase staffing at its Peer Support
Specialist level. Specifically, Subrecipient is looking to engage more significantly
with Veterans Court, Behavioral Health Treatment Court and Parkview Health
Systems. Subrecipient currently engages with and receives many referrals but is
not always able to connect with those who are referred as productively as it would
like. Increased staffing would give Subrecipient the means to do this. In addition,
Subrecipient aims to step-up its outreach efforts and host additional group support
sessions. There are a multitude of opportunities for support groups with assisted
living facilities and group homes, along with CMHIP via the Colorado Office of
Behavioral Health.
(c) Outreach opportunities are abundant through community events and direct
engagement with other organizations and access points. Subrecipient simply
needs to increase its staffing — both by hiring new staff and moving current staff to
full time positions.
(d) Friendly Harbor Community Center opened its doors in 1996 in Pueblo, offering a
place for adults recovering from a mental illness and substance use disorders to
congregate, feel safe, and connect with others who struggle with similar life
experiences. Subrecipient continues this service today. Friendly Harbor has also
become a valued asset to the Pueblo community, providing support groups and
opportunities for those it serves to engage in healthy social activities and foster
strong connections with professional providers and community agencies.
Subrecipient is the only organization in Pueblo County that employs Peer
Specialists who provide support services independent of a treatment facility.
(e) Friendly Harbor was one of the very first peer-run support organizations in
Colorado and has been recognized state-wide for its specifically trained Peer
Specialists. Peer Specialists have been shown to significantly improve the
outcomes of those working on recovery from a mental illness or substance use
conditions. Peer Specialists are individuals in recovery from mental illness or
substance use disorder (i.e. have "lived experience") who have been specially
trained to help others in their recovery. Extensive research has resulted in both the
Substance Abuse and Mental Health Services Agency(SAMSHA)and the Centers
for Medicaid and Medicare Services (CMS) designating peer support services to
be an evidence-based model of care.
2
(f) Using trained Peer Specialists has demonstrated significant benefits for City
residents with mental illness and substance use disorders along with their families.
There are greater symptom improvements, decreased hospitalizations, decreased
use of emergency rooms, increased employment and improved quality of life.
Pueblo DHS Mentor2Success Program with Dependency and Neglect Shelter
Court, Safe Baby Court, Veterans Court, Mental Health Advocacy with NAMI,
Pueblo Rescue Mission, Pueblo Community Health Center, Probation Department,
and Colorado Mental Health Institute — Pueblo are among organizations to which
Subrecipient offers its services
(g) In September of 2016, Subrecipient purchased 2713 North Grand Avenue in the
Northside neighborhood of the City. This property is on the Colorado Historic
Registry as the Lincoln Home, an orphanage created for children of color who were
not welcome in Pueblo's other orphanages. Later this building served as the Martin
Luther King Jr. Museum from 1993 — 2015. Continuing the tradition of using this
building for disadvantaged and underserved populations, Subrecipient reopened
the doors on November 14, 2016 to serve those with a mental illness and
substance use disorders along with their families. This new property doubled
Subrecipient's interior space and upgraded Subrecipient's location from a run-
down rental in an area where night-time police calls were routine, to a beautiful,
airy, historic house in a very pleasant neighborhood. The new facility has also
tripled Subrecipient's outdoor space, providing the opportunity to develop a
community garden and outdoor classrooms.
(h) Unlike other agencies that work with the mentally ill, Friendly Harbor receives no
ongoing state or federal funding which means that funds from grants, donations
and in-kind help from volunteers will determine Friendly Harbor's future.
(i) Pueblo faces the perfect storm of mental illness and substance use challenges
and COVID has amplified these issues. In Pueblo the adult mental health
hospitalizations rate is 50% higher than for the state of Colorado as a whole.
Hospitalizations for adult suicide attempts is 89% higher in Pueblo than for the rest
of the state. An ARPA grant will allow Friendly Harbor to expand services to
address more of this population, particularly now that COVID has increased needs
so dramatically.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3
3. 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.
4. 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 Seventy-Five
Thousand Dollars (U.S. $75,000.00). City shall make full payment to Subrecipient
within thirty (30) days following approval of this Agreement by the City Council of
the City of Pueblo and execution of this Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity
identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
4
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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.
7. 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.
8. 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.
5
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. 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
6
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars ($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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.
7
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2)or more counterparts and
each such counterpart shall be deemed for all purposes to be an original and all such counterparts
shall together constitute but one and the same original.
8
26. 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
C—c1=G-7 Byc,�s�/
•
City Cle Nicholas A Grad' ar, Mayor
(Seal)
Subrecipient:
FRIENDLY HARBOR
A COLORADO NONPROFIT CORPORATION
ATTEST: /
BBy tidelti-
yt
Signature Silgriature �7
Name Name
gsaltk RW
Title Title ee.u41v-C
9
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
FRIENDLY HARBOR'S SCOPE OF SERVICES
B. Principal Tasks
The components of Friendly Harbor's work plan under this Agreement shall be as follows:
1. During the term of the Project, Subrecipient's Peer Support Specialists, with
assistance from Subrecipient's administrative staff, shall work with clients to help manage their
finances, provide transportation options, participate in community projects and access resources
and treatment options. Subrecipient shall provide outreach to encourage clients to attend support
groups. Subrecipient shall also provide education to families and other supporters to help them
better understand and support the Subrecipient's clients.
2. Peer Specialists shall offer assistance to clients in finding employment or
returning to school or connecting with other community services. In addition, Peer Specialists
shall provide emotional and practical support to those who visit Subrecipient's center. During the
term of the Project, Subrecipient shall welcome all adults with mental health or substance use
conditions, their supporters, their family and community organizations to its facility.
3. Subrecipient's performance shall be evaluated by using an outcome-based
approach. Client outcomes will be measured via Subrecipient's Data Collection Questionnaire
completed at baseline and annually thereafter and anecdotal reports by clients and partner
organizations to Subrecipient's Peer Specialist staff. Subrecipient has created its own in-house
data collection questionnaire. Subrecipient shall track mental and physical wellness defined by:
self-reported increase in quality of life (0-5 scale), employment, school attendance, registration
with a behavioral health treatment provider, registration with a physical health provider, adherence
to prescribed medication and development of a healthy, sober support system through attendance
and participation frequency at the Subrecipient's facility and a decrease in self-harm ideation and
actions, emergency room visits, and use of illegal substances. During the term of the Project,
Subrecipient shall also continue using the Quality of Life scale that is widely used in the nursing
field. This evaluative mechanism looks at E.R. usage, hospitalization, adherence to medication,
employment, school, and illegal substance and alcohol use. In addition, Subrecipient shall track
10
the increase in client registrations and outcomes when new staffing is implemented under this
Agreement.
C. Budget
The Project budget is straightforward. Friendly Harbor is awarded $75,000 to hire two new Peer
Support Specialists and move two current part-time Peer Support Specialists to full- time status.
The average annual salary for a full-time Peer Support Specialist is approximately $25,000.
Subrecipient currently has one volunteer Peer Support Specialist who is certified and will become
a full-time, paid employee. Subrecipient estimates that the second position could be filled within
60 days based on its current candidate pool. Subrecipient currently has two part-time Peer
Support Specialists who are interested in becoming full-time. This could be accomplished at a
cost of $25,000 over the course of a year. During the Project term, Subrecipient shall withhold
and pay all required employer payroll taxes and fees including workers compensation and
unemployment insurance.
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 genera
I 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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may,upon completion of the Project, make
a final audit.
7. 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 seq.), as
amended;and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they
relate to the acceptance and use of federal funds under this federally-assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and
(d) [42 U.S.C. 7506 (c) and(d)];
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349)
as amended; particularly section 1424(e)(42 U.S.C. 300(h)-303 (e));
13
(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).
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 indep ent 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 çy
((tettb
Name: it t: t1' e. A
Title: �keeil 71A 1 CP
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 April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Pueblo Child Advocacy Center,
a Colorado nonprofit corporation, hereinafter referred to as the"Subrecipient" or"PCAC." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds in connection with
child abuse prevention training (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. CI2113 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. FACTUAL BASIS FOR THE GRANT AWARD
(a) The COVID-19 pandemic turned many Puebloans' lives and businesses upside
down. Many children suffered at home when their caregivers were under extreme
1
stress when they were outside the view of watchful eyes and ears at school, at
church, and other places where people are trained to identify signs of abuse.
(b) Children who experience abuse and/or neglect are more likely to have
developmental delays and impaired language or cognitive skills; to be identified
as "problem" children (with attention difficulties or challenging behaviors); to be
arrested for delinquency, adult criminality, and violent criminal behavior;
experience depression, anxiety, or other mental health problems as adults;
engage in more health-risk behaviors as adults and have poorer health outcomes
as adults.
(c) Due in large part to the pandemic, child abuse increased dramatically in Pueblo
County during the last 18 months — more than 30%. The severity of child abuse
has also increased to the extent that emergency departments, not teachers, are
now the primary source of referrals. Concurrently, aunts and uncles are seeing
more bruises and burns that are unmistakable evidence that something is wrong.
Neighbors, now spending more time at home, are observing patterns of neglect or
hearing evidence of domestic violence and know children are witnessing it - but
they are unsure how and when to report their suspicions. In all these cases, there
has clearly already been a history of abuse and third-party involvement is, simply,
too late.
(d) ARPA funding for Subrecipient's Child Abuse and Prevention and Treatment
Project will provide the necessary financial resources for carrying out the program
authorized under section 106 of the Child Abuse Prevention and Treatment Act
("CAPTA") (42 U.S.C. 5106a). CAPTA's purpose is to provide a multitude of
services and supports to provide comprehensive support for parents and children
and to prevent and treat child abuse and neglect.
(e) Aligned with the purpose of CAPTA, the Pueblo Child Advocacy Center has a
single focus for preventing and responding to child abuse and neglect.
Subrecipient's mission: "to provide prevention education and a safe environment
for the investigation of child abuse." PCAC provides vital support to families,
including coordination and connection with mental health, substance use, and
domestic violence services, among others.
2. 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 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 (ill)that It Is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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 Three Thousand
Seven Hundred Six Dollars (U.S. $3,706.00). City shall make full payment to
Subrecipient within thirty(30)days following approval of this Agreement by the City
Council of the City of Pueblo and execution of this Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity
identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
3
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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.
7. 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.
8. 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.
4
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. 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
5
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars ($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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.
6
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20 LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement,the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
7
26. 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 rw/�� •Gwcn� y
City Cle icholas A radisar, Mayor
(Seal)
Subrecipient:
PUEBLO CHILD ADVOCACY CENTER
A COLORADO NONPROFIT CORPORATION
ATTEST:
By B1111
.0 dLt iiI /L�..►6
Signature Si•,�ature / 4
Name Name j 04,14rC vez
Title Title LkeCu V`e 1)1/PC(.CY2.--,'
8
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
PCAC'S SCOPE OF SERVICES
B. Principal Tasks
The components of PCAC's work plan under this Agreement shall be as follows:
1. Subrecipient shall provide outreach and training services, using in-person, virtual or hybrid
formats, to educate the public about child abuse recognition and prevention. Participants in
PCAC's training sessions will learn:
• prevalence and consequences of child sexual abuse;
• situations that create the risk for abuse;
• behaviors and grooming techniques practiced by perpetrators;
• practical strategies for protecting children from sexual abuse;
• recognizing the signs of sexual abuse in children;
• how to intervene and react responsibly if warning signs appear or abuse is disclosed
2. Outreach and training will be delivered through trauma-sensitive approaches and programs
by promoting trauma-informed care individually and collectively. A variety of audiences will be
targeted for training/presentations:
• Business leaders, so that they can recognize that supporting families and children
will lead to economic growth.
• Policymakers, so that they can reduce the hurdles faced by families who need
support and resources.
• Faith communities, so that they can open up their spaces for parent and youth
activities.
• Educators, so that they can be more attuned to noticing if something seems wrong
with a student and follow-up appropriately.
• Community members, so that they can pay closer attention to relatives, friends and
neighbors and help with the social isolation some parents may experience.
• Small stipends in the form of grocery or gas gift cards will be given to the community
members who participate. Data supports that this is a proven method of increasing
the participation of those that need it the most.
3. PCAC staff (already immersed in child abuse prevention and treatment education) will
9
repurpose some of their time (approximately 0.05 FTE between them) to creating a master slide
deck in several categories. Staff will work with multidisciplinary professionals in social work,
mental health and the legal system to create meaningful presentation materials for a variety of
audiences.
4. PCAC staff(part of the 0.05 FTE dedicated to outreach and training) will contact prospective
participants for scheduling.
• Every staff member will be trained to make presentations so that each module has
the benefit of interaction/Q&A.
• The Board of Directors will play a role in scheduling presentations with businesses
and their worship centers.
• Subrecipient shall schedule presentations in collaboration with Pueblo City School
District 60 and Pueblo Rural School District 70 with relevant trainings for mandatory
reporters.
5. Subrecipient shall use best reasonable efforts to schedule not less than 370 (unduplicated)
Pueblo County community members to receive one or more of these trainings during the Project
term.
6. Subrecipient's performance shall be assessed according to the following criteria:
a. Outputs:
• Increased number of reports to law enforcement by people other than mandatory
reporters.
b. Immediate outcomes:
• Participants will learn how and when to report child abuse.
• Abused children will get immediate remediation.
c. Intermediate outcomes:
• Parents will learn behaviors that help prevent child abuse and neglect and improve
their ability to cope with stress.
• Child abuse incidents will be reduced.
d. Long-term outcomes:
• Positive childhood experiences in nurturing environments provide fertile ground for
physical and mental health, learning and social skills to flourish.
• Child abuse in Pueblo County will be put on a path toward eradication.
7. All education/training will be provided at no cost to participants.
C. Budget
During the term of the Project, Subrecipient shall be guided by the following budget:
Description Amount
Printing/Other Media of_presentation materials and pre-/post-tests $ 500.00
Mileage (100 miles at $0.56_ _-- f _..__ .56.00
Staffing (0.05_FJE for dlv9lgprq,nt/doliyery) 2,150.00 ._._
Stipends to community member participants (direct to 60 community 1,000.00
members @$20ea)_._
Total $-_-__--_3,708,00
10
EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
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 he filed per the expense account they were charged.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 he 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. The City shall not be obligated to any third parry 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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.)
11
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 L.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;
(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 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(o)(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;
12
(16) The Reservoir Salvage Act of 1960 916 U.S.C, 469 et.seq,); particularly section 3 (I6
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/OSHA).
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 ind9Pendent 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 Pueblo.
Signed 5- ,20�. /
Bj, ,
(144441 Leg")
Nagyj. 1- hauez
Title: Exec v./-t,ve A i✓Qc
For purposes of responding to question(b)above,an"affiliated party"includes(I)any person who is the named beneficiary or co-beneficiary on
the PERA account of the PERA Retiree; (2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings,children,and grandchildren; (3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an
agroomont to share or othorwlio protlt ftom the portbrmanco of klorvicoa for rho City of Pueblo by the PERA Retiree other than the PI2RA Retiree's
regular salary or compensation.
14
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Pueblo Rescue Mission, a
Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient" or "PRM." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enable
Subrecipient to provide assistance and services to the City's homeless population (hereinafter
"Project"); and
WHEREAS, the City desires to disburse funds from Project No. Cl2113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) Subrecipient Pueblo Rescue Mission ("PRM") is the only agency in Pueblo County
providing shelter services for unaccompanied adult men and women over the age
of 18, who are experiencing homelessness. PRM has demonstrated its ability to
deliver services to Pueblo's adult population experiencing homelessness. From
December 15, 2018 through April 30, 2019, PRM entered into a contract with the
City of Pueblo to operate an emergency warming shelter which provided 10,235
shelter nights to 578 unduplicated individuals. During this same time, 31 clients of
PRM moved into some form of an independent living environment (suitable
housing).
(b) Following the acquisition of a $1.3M renovation grant from the Colorado
Department of Local Affairs, PRM opened its permanent home at 728 W. 4th Street
on January 30, 2020. In addition to providing food and shelter to residents in its
facility, PRM offers outreach to an average of 42 homeless individuals living in
camps and on the streets of Pueblo. PRM also provides a weekly clothing bank
that serves 60 individuals per week.
(c) Before COVID-19's arrival in the City of Pueblo in March, 2020, PRM operated
only during overnight hours, opening in the evening, serving a meal, and then
closing early morning the following day. Subrecipient's mission was to provide
overnight sheltering. Daytime hours of operation were limited and were used for
case management and clients utilizing PRM's counseling services.
(d) Since Mid-March, 2020, PRM has adjusted its services to accommodate a 24/7
format; housing sheltered and unsheltered homeless men and women all day and
all night, keeping them inside the shelter and safe, serving 3 meals each day to
the homeless, in addition to serving a separate evening community meal, all the
while maintaining the CDC's rules of social distancing
(e) Since March, 2020, Subrecipient has experienced a tremendous strain on its
budget brought about by the additional staffing costs required to implement stay-
at-home, safer-at-home orders and extended hours, escalated costs associated
with serving more people and additional expenses related to the implementation
of required public health mandates.
(f) Subrecipient's services have minimized the risks to public health and safety in the
midst of a pandemic by giving people experiencing homelessness a safe place to
stay, as well as proving a central location to provide information, COVID testing
and services to meet basic needs.
(g) Funding for PRM's operating Transitional Homeless Shelter will assist the
Subrecipient to meet its most pressing and critical financial needs to pay for
staffing and other escalating costs associated with serving more people over
extended hours during a prolonged pandemic.
(h) Success stories of Subrecipient during 2020-2021:
• 17 men and 2 women found employment.
2
• 10 found stable living accommodations.
• 2 men went to treatment of sober living.
• 21 of the seniors have enrolled in services with Innovage.
• 1 male was referred to Hospice care.
• HMIS has been completed on all enrollments in the shelter.
• Case management intake and assessment have been completed for 54
people.
• VSPDAT applications have been completed for 16 people to access the CES
program list (housing).
• 4 individuals have received vouchers for housing.
• 88 individuals have gained access to a pro bono attorney to assist with Social
Security claims.
• 40 individuals have received assistance to apply for SNAP and Medicaid
assistance.
• 10 individuals have assisted in the kitchen and other various operations at the
PRM facility.
• Weekly transports have been made for medical, medication pick-up and other
appointments.
• 14 people have maintained contact with their therapist and case manager.
• 22 people are attending the DBT class sponsored by Friendly Harbor (2 x wk)
• Approximately 33 people attend Celebrate Recovery classes both on site and
off site of the PRM facility.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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
3
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
Seven Thousand Nine Hundred Sixty-Three Dollars (U.S. $107,963.00). City shall
make payments to Subrecipient according to the following schedule:
Date Description Amount
05-15-22 Initial payment $ 32,963.00
10-15-22 Second payment (contingent on receipt of quarterly 25,000.00
reports covering 05/01/22 to 09/30/22)
01-15-23 Third payment (contingent on receipt of quarterly report 25,000.00
for the preceding quarter)
04-15-23 Final payment (contingent on receipt of quarterly report 25,000.00
for the preceding quarter)
Total $ 107,963.00
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and provided
to the recipient a unique entity identifier. Subrecipients are not required to
complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
4
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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.
7. 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.
8. 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.
5
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. 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
6
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars ($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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.
7
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
8
26. 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.
CITY OF PUEBLO
A COLORADO MUNICIPAL CORPORATION
� 1
By
City Cle Nicholas A Gradis , ayor
(Seal)
Subrecipient:
PUEBLO RESCUE MISSION
A COLORADO NONPROFIT CORPORATION
ATTEST:
By By
Signature Signature
Name Name La vile- ei e t—'
TitleTitle X C�(_ t D I rec
9
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
PRM'S SCOPE OF SERVICES
B. Principal Tasks
The components of PRM's work plan under this Agreement shall be as follows:
1. During the term of the Project, Subrecipient shall provide meals, shelter and
counseling to the City of Pueblo's needy and people experiencing chronic homelessness.
PRM shall provide food, shelter and operate a case management system which provides
counseling services to assist participants to gain independence through sustainable
housing.
2. The components of PRM's services to the unhoused shall include, but not be limited to,
the following:
a. Transitional Homeless Shelter: Shelter services for up to 25 women and 75
men to include a bed, showers and recreation.
b. Daily Meals Program: PRM shall provide breakfast, lunch and dinner to
shelter residents 7 days per week. In addition, PRM shall provide an evening meal 7
days per week to anyone in the community in need of a meal (includes persons not
residing in PRM's shelter and homeless individuals from the streets/camps: men,
women, children).
c. Resource Navigation Community Center The Subrecipient shall assist all
homeless individuals, including persons not residing at PRM's shelter, to consider specific
solutions to the current obstacles they face by teaching individuals the skills and supporting
the individuals toward making positive changes in their lives.
3. Subrecipient's performance under this Agreement shall be assessed according to the
following criteria:
• the numbers of individuals served;
• the number of individuals who obtain supportive or assisted housing;
• number of individuals who obtain employment.
10
4. Goals for the first year of the Project Term:
• 490 (unduplicated) persons served;
• 1,747 (duplicated) persons served;
• 24,000 shelter bed nights.
5. All services will be provided at no cost to the homeless.
C. Budget
The aggregate of all payments made pursuant to this Agreement shall not exceed One Hundred
Seven Thousand Nine Hundred Sixty-Three Dollars (U.S. $107,963.00).
11
EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
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 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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of
the Project as determined by the City. All costs must he 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project,make
a final audit.
7. 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 he conducted and administered in compliance with:
(1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as
amended;and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they
relate to the acceptance and use of federal funds under this federally-assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and
(d) [42 U.S.C. 7506 (c) and (d)];
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349)
as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e));
(15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but
not limited to section 7 (16 U.S.C. 1536) thereof;
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. 4701); 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-ELL, "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 24-51-1 101(2),C.R.S.,salary or other compensation from the employment,engagement,retention
or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement
Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated
party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent
contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed.signed
and returned to the City of Pueblo:
a) Are you, or do you employ or engage in any capacity, includ,t*g an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo? Yes , No 1/
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 V.
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 `pc atr(/ ,20,2
By: fb1�Q )
Name: Mt.L-Q V1(e fes.pi
Title: E t-ectA ( re/ {-o k--
For
Por purposes of responding to question(Iv)above,an"affiliated party'.includes(I)any person who is the named beneficiary or co-heneficiary 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,
spouses parents,stepparents,stepchildren,stepsiblings,and spouses siblings;and(4)any person or entity with whom the VERA 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 P1 RA Retiree's
regular salary or compensation.
15
AMENDMENT TO SUBRECIPIENT AGREEMENT
THIS AMENDMENT TO SUBRECIPIENT AGREEMENT("Amendment") is entered
into this bday of December, 2022, between the City of Pueblo, a Colorado municipal
corporation (hereinafter referred to as the "City") and the Pueblo Rescue Mission, a
Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient." City and
Subrecipient are sometimes each referred to as a "Party" and collectively "Parties."
WITNESSETH:
WHEREAS, City and Subrecipient entered into that certain Subrecipient
Agreement ("Agreement") dated April 25, 2022, which was approved by City Council on
April 25, 2022 by Ordinance No. 10156.
WHEREAS, the Parties wish to change the payment schedule specified in the
Subrecipient Agreement.
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 4 (c) of the Subrecipient Agreement shall be and hereby
is amended to read as follows:
Date Description Amount
05-15-22 Initial payment $ 32,963.00
10-15-22 Second payment (contingent on receipt of quarterly 25,000.00
reports covering 05/01/22 to 09/30/22)
Date of this Final payment 50,000.00
Amendment
Total $ 107,963.00
On or before January 15, 2023, Subrecipient shall submit a quarterly report to
the City covering 10/01/22 to 12/31/22. On or before April 15, 2023,
Subrecipient shall submit a quarterly report to the City covering 01/01/23 to
03/31/23.
2. Ratification of Prior Agreement. The original Subrecipient Agreement
entered into by the Parties on or about April 25, 2022 is incorporated herein by this
reference, is hereby ratified and shall remain in full force and effect, except as amended
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).
1
Executed at Pueblo, Colorado, the day and year first above written.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL
CORPORATION
By 2(4���i/,t440:4
City Cler Nicholas A. Gradisar, Mayor
[S E A L]
Subrecipient:
PUEBLO RESCUE MISSION
A COLORADO NONPROFIT CORPORATION
'J,� S
By r° iIA-.i IL. (/tT ,2...
Melanie Rapier, Executive Director
2
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Pueblo Diversified Industries,
Inc., a Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient" or "PDI." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enable
Subrecipient to purchase three (3) seven to eight (7-8) passenger vehicles for use by
Subrecipient's clients (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. Cl2113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) Last year Subrecipient Pueblo Diversified Industries ("PDI") lost $514,017 in
revenue due to the impact of the COVID-19 pandemic. The two programs which
were hit the hardest are the ones that have the most impact in our community: Day
Support Services for People with Intellectual and Developmental Disabilities and
Employment for People with and without Developmental Disabilities.
(b) The state of Colorado is expecting more community integration within the services
provided by PDI and is directing PDI to create non-site-based programming. By
purchasing the vehicles PDI will be able to be responsive to the directives of state
government.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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.
2
(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
Fifty-Five Thousand Three Hundred Ninety Dollars (U.S. $155,390.00). City shall
make full payment to Subrecipient within thirty (30) days following approval of this
Agreement by the City Council of the City of Pueblo and execution of this
Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity
identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2022 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2022 unless sooner terminated as herein provided.
6. 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.
3
(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.
7. 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.
8. 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.
9. 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.
10. 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
4
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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. LIABILITY, INSURANCE
(a) As to the City, Subrecipient agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars($50,000)
per occurrence for property damage.
5
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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.
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
6
arising under this Agreement,the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION.The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER.The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts and
each such counterpart shall be deemed for all purposes to be an original and all such counterparts
shall together constitute but one and the same original.
26. 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, Mayor
(Seal)
7
Subrecipient:
PUEBLO DIVERSIFIED INDUSTRIES, INC.
A COLO- a u NONP'a F CORPORATION
ATTEST:
By By J.
Signature Sig'ure
Name Name 11i/tAil Vvrvy9
Title Title .0
8
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
PDI'S SCOPE OF SERVICES
B. Principal Tasks
The components of the Subrecipient's work plan under this Agreement shall be as follows:
Purchase three (3) seven to eight (7-8) passenger vehicles for use by PDI's clients.
C. Budget
$155,390.00.
9
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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.)
10
EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with
all applicable federal and state statutes and regulations, including but not limited to the following,:
(I) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as
amended;and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133; 2 CFR
200.310;2 CFR 200.313 and 2 CFR 200.316 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;
(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).
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 ' endent 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 uestion: Are you an individual, sole
proprietor or partnership,or a business or company owned or open ted 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 arngement for services between
you and the City of Pueblo.
7 ,
Signed_______ • r•. ,20 22—.
By: via Name: .f %,1 Pall&' '
Title:
For purposes of responding to question(b)above,an"affiliated party"includes(I)any person who is the named beneficiary or co-beneficiary on
the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an
agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
13
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Young Womens Christian
Association of Pueblo a/k/a the Pueblo Young Womens Association, a Colorado nonprofit
corporation, hereinafter referred to as the "Subrecipient" or "YWCA" 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enable
Subrecipient to open and staff a Daycare Center on its campus located at 801 N. Santa Fe Ave.,
Pueblo, CO 81003 (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. CI2113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The unprecedented COVID-1 9 pandemic has brought the importance of access to
quality, affordable childcare not only for the workforce but for people who has been
historically underserved such as victims of domestic violence and their children.
Childcare capacity in Colorado, even before the pandemic, was declining and has
only worsened over the past 2 years with the arrival of COVID-1 9 in Pueblo County.
Many employers and organizations have expressed interest in taking action to
address this critical problem.
(b) The YWCA of Pueblo is collaborating with the Colorado Department of Human
Services (CDHS), who has in turn, is cooperating with "Executives Partnering to
Invest in Children (EPIC)" to create a 5-month Design Lab which will help the
Subrecipient prepare, plan, and create an on-site or near-site childcare program.
(c) Subrecipient has applied for the Childcare Design Lab project to expand programs
at the YWCA by opening a daycare center. Subrecipient plans to meet the Level 4
standard of the Colorado Shines Quality Rating and Improvement System. The
YWCA plans to serve children in Pueblo County. Subrecipient's childcare staff will
represent and reflect the linguistic and cultural diversity of the families living or
working in our community. The YWCA has also consulted with Ms. Angie Shehorn,
director of the Pueblo Community College Children First program about childcare
licensing protocols and will consult with her to obtain the necessary licensing
approvals.
(d) The opening of a childcare center at the YWCA will provide much needed high
quality, affordable daycare services to the YWCA employees, the domestic
violence families the YWCA serves and to the general public. For employees and
victims of crime such as domestic violence, providing daycare services will allow a
parent to seek employment or return to school, knowing that their children are in a
safe, secure, and nurturing space to learn and grow.
(e) The YWCA plans to hire a Program Manager for the childcare center and the
manager will hire and train the daycare staff. The request for ARPA funding is to
hire and retain staff to meet the additional demands imposed by the pandemic by
providing daycare services to employees and domestic violence victims in our
community. Additional sources of funding will come from general operating grants
from both federal state programs and private foundations. The YWCA domestic
violence victims will have a safe and secure childcare center for their children,
allowing them the flexibility and opportunity to prepare for and secure employment.
While there is no one formula for ensuring the quality of center-based childcare,
the Subrecipient is aware that it encompasses a number of easily quantifiable
elements including the provision of nutritious food, the child-caregiver ratio, the
salary and education level of caregivers, continuing education for caregivers and
benchmarks for the safety and security of the children.
2. 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
2
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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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
Fifty-Four Thousand Dollars (U.S. $154,000.00). City shall make payments to
Subrecipient according to the following schedule:
Date Description Amount
05-15-22 Initial payment $ 14,000.00
10-15-22 Second payment (contingent on receipt of quarterly reports 35,000.00
covering 05/01/22 to 09/30/22)
3
01-15-23 Third payment (contingent on receipt of quarterly report for the 35,000.00
preceding quarter)
04-15-23 Fourth payment (contingent on receipt of quarterly report for the 35,000.00
preceding quarter)
07-15-23 Final payment (contingent on receipt of quarterly report for the 35 ,000.00
preceding quarter)
Total $ 154,000.00
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and provided
to the recipient a unique entity identifier. Subrecipients are not required to
complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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
4
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.
7. 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.
8. 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.
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. SUBRECIPIENT FILES AND INFORMATION REPORTS
5
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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. LIABILITY, INSURANCE
(a) As to the City, Subrecipient agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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
6
Agreement. In the event of any conflict between the terms of this Agreement and Subrecipient's
Application, this Agreement shall control.
15. 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 15 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.
16. 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.
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
7
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER.The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
26. 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��drift:4u"ay
City Jerk icholas A Gradisar, Mayor
(Seal)
8
Subrecipient:
YOUNG WOMENS CHRISTIAN ASSOCIATION
OF PUEBLO a/k/a
PUEBLO YOUNG WOMENS CHRISTIAN
ASSOCIATION
A COLORADO NONPROFIT CORPORATION
ATTEST:
By By (,v r-"
\e-
Signature
ignature
Name NamernaWf.e n L W\Nk,
Title Title ea) v e `---- I YPL Tv r
9
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
YWCA'S SCOPE OF SERVICES
B. Principal Tasks
The components of the YWCA's work plan under this Agreement shall, to the extent reasonably
possible, abide by the following timeline:
• Month 1: Post and hire the childcare director.
• Month 2- 4: Work on licensing requirements. The licensing process can take up to 90
days.
• Months 3-6: Hire additional staff when the childcare director believes it is appropriate.
• Month 6: Open the childcare center.
C. Budget
The aggregate of all payments made pursuant to this Agreement shall not exceed One Hundred
Fifty-Four Thousand Dollars (U.S. $154,000.00).
10
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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.)
11
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 sec.) 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 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;
12
(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).
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 24-51-1 101(2),C.R.S.,salary or other compensation from the employment,engagement,retention
or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement
Association(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated
party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent
contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed
and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity,including an inde endent 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 ques ion: 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 furthe .uthorize the City of Pueblo to deduct and withhold all such contributions from any moneys due
or payable to y's t e City of Pueblo under any current or future contract or other arrangement for services between
you and the : y 6 eblo. - 'i ' I ' l q I -V
Signe, NES R11//_/1111 ,20 4
AP
all By: /
Name: � :
Title: a. e - 1 SPC, J
For purposes of responding to question(b)above,an"affiliated party"includes(I)any person who is the named beneficiary or co-beneficiary on
the PIRA 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
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and Southeastern Colorado Area
Health Education Center for Rural Colorado's Health, Inc., a Colorado nonprofit corporation,
hereinafter referred to as the "Subrecipient" or"SECAHEC." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to support
Subrecipient's Pueblo Back on Track Health Program (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) Pueblo, like other cities and towns, instituted health and safety protocols to slow
the spread of COVID-19 which disrupted access to many non-emergency, routine
health care services for months. Due to the impact of COVID-19 protocols and
closures, clinicians are seeing a reported rise in patients showing signs of more
advanced preventable chronic diseases because they were not managed or
controlled at earlier stages. People put off seeking healthcare check-ups and care
management information due to their fears of contracting COVID-19 at a
healthcare facility. Thus, those with diabetes and other chronic health problems
did not get health information or care needed for the prevention of healthcare
issues due to chronic disease complications. Further, a Centers for Disease
Control and Prevention study released last September, 2021, found 32% of U.S.
adults by reporting they avoided routine medical care due to concerns over
COVID-19, while 12% of adults delayed seeking urgent or emergency care.
Although Pueblo community members were offered the use of telehealth services,
many people hesitated to use online technology, especially seniors, to seek health
education or medical advice for their chronic health issues.
(b) Subrecipient is a 501(c)(3), independent nonprofit, with over 40 years of
experience in providing programs to rural and underserved communities. The
organization is viewed as a neutral convener and connector. SECAHEC empowers
communities to provide health equity through education and resources.
Subrecipient provides health self-management programs, an AcuDetox
acupuncture protocol and dental health education for children.
(c) SECAHEC also provides evidence-based Diabetes Self-Management Program
(DSMP), Chronic Disease Self- Management (CDSMP) and Pain Self-
Management Program (PSMP) classes. With the arrival of the COVID-19
pandemic in Pueblo in March, 2020, SECAHEC was required to convert its in-
person classes to video conferencing. However, community members, mostly
seniors, were unable to adapt or were hesitant to use the necessary technology.
(d) SECAHEC proposes to provide diabetes, chronic disease, and AcuDetox
acupuncture protocol programs to Pueblo community members only. These
programs will fulfill the need for Pueblo community members to get back on track
with their health management, thus avoid further disease complications which can
be life threatening. In addition, Subrecipient will provide the tools for people to help
manage their conditions. Based on the Pueblo population's social determinants of
health, SECAHEC will target the underserved communities in Pueblo, specifically
seniors, those who are in poverty and at-risk community members with chronic
disease conditions and those who are fighting substance abuse.
(e) Subrecipient's self- management programs foster the following beneficial
outcomes:
• Economic Self-Sufficiency: The outcome of the individual that completes the
DSMP, CDSMP or CPSMP education is self- sufficiency in managing their
diabetes for optimal health and living. In addition, diabetes management
reduces health care costs and emergency room visits and hospital admissions.
SECAHEC's classes will enable those who were unable to stabilize or prevent
chronic disease conditions to receive the education and support that were held
2
back during COVID-19 restrictions which overwhelmed healthcare facilities.
• Health Equity: Low and no-cost health services are vital to building and
maintaining healthcare accessibility and affordability for underrepresented and
low income Pueblo areas.
• Family and Community Connections: DSMP, CDSMP, and CPSMP education
engages the client and his or her family. Not only does the client adopt a
healthier lifestyle, he or she develops a sense of emotional and physical health
control, lifestyle satisfaction and family cohesiveness.
• Health and Rehabilitation: Due to the self-ownership of the person's own health
maintenance, there will be an increase of self-confidence to engage the whole
family for healthy living and eating.
• Independent Living: The increase in diabetes self-management knowledge will
provide independence and a healthy environment, resulting in a continuum of
good health for the client and his or her family.
• Safety: The safety outcomes of a self-regulated regimen from the DSMP,
CDSMP and CPSMP education include safe environment practices such as
falls preventions, foot and skin care, maintaining safe glucose levels, and
exercise.
• AcuDetox will help those with anxiety, pain, addiction, and other stresses to
cope with and manage their mental health while watching and managing their
chronic conditions.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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
3
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 Sixty-Six
Thousand Six Hundred Sixty-Nine Dollars (U.S. $66,669.00). City shall make full
payment to Subrecipient within thirty (30) days following approval of this
Agreement by the City Council of the City of Pueblo and execution of this
Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and provided
to the recipient a unique entity identifier. Subrecipients are not required to
complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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
4
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.
7. 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.
8. 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.
9. 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.
5
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. LIABILITY, INSURANCE
(a) As to the City, Subrecipient agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
6
(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.
14. 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.
15. 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 15 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.
16. 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.
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
7
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts and
each such counterpart shall be deemed for all purposes to be an original and all such counterparts
shall together constitute but one and the same original.
26. 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
y I/l�
B
City Clerk Nicholas A Gradi ar, Mayor
(Seal)
8
Subrecipient:
Southeastern Colorado Area Health
Education Center for Colorado's Rural Health, Inc.
A COLORADO NONPROFIT CORPORATION
ATTEST:
By By . U/w
Signature Signature rv `
Name Name )0Aceevi. P• vit.-7a(�S
Title Title CAA. u-`11 v.l2, 6t-
9
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
SECAHEC'S SCOPE OF SERVICES
B. Principal Tasks
During the term of the Project, the components of the Subrecipient's work plan under this
Agreement shall be as follows:
1. SECAHEC will provide in-person and/or virtual DSMP, CDSMP, CPSMP and AcuDetox
acupuncture education to Pueblo County residents.
2. SECAHEC shall promote its diabetes self-management and AcuDetox programs through
social media, local newspapers, provider offices, clubs and organizations, senior networks and
health fairs or other community events.
3. A self-management instructor will provide completion certificates to clients who complete
the self-management classes.
4. SECAHEC shall provide ongoing support and information to clients through in-person
office visits or by telephone.
5. SECAHEC shall send participants its bi-monthly Diabetes Education Newsletter.
6. Subrecipient's performance under this Agreement shall be evaluated according to the
following criteria:
• A pre- and post-survey will be given to each participant in the proposal programs. The
surveys will inform SECAHEC of the outcomes and success of the Project.
• At least 500 people will be informed at health fairs or other community events
regarding the Pueblo Back on Track Program.
• At least 60 community members will participate in the self-management and AcuDetox
programs.
• As measured by pre-and post- program tests from each participant, there shall be a
50% knowledge increase for the DSMP, CDSMP or CPSMP participants and a 60%
knowledge increase for AcuDetox participants.
10
C. Budget
During the term of the Project, Subrecipient shall be guided by the following budget:
Description Amount
Personnel salaries $ 45,000.00
Personnel benefits (22% of salaries) 9,900.00
Mileage (300 miles @ $.50 per mile) 150.00
National Hispanic Nurses Assn. AcuDetox Provider (15 sessions @ 1,500.00
$100 per session)
Supplies 10,119.00
• diabetic socks, pill organizers, exercise stretch bands, recipe
books, food measuring cups/spoons, foot mirrors, medical record
organizers, cotton, face masks
• crock pots (SECAHEC provides an easy crock pot meal during
class and clients are encouraged to use crock meals for easy
healthy cooking)
• copies of the self-management class book "Living a Healthy Life
with Chronic Conditions"
• AcuDetox items include acupuncture needles or seeds, medical
gloves, alcohol pads, etc.
Total $ 66,669.00
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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 seq.), as
amended; and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they
relate to the acceptance and use of federal funds under this federally-assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and
(d) [42 U.S.C. 7506 (c) and(d)];
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349)
as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e));
(15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.)as amended; including but
not limited to section 7 (16 U.S.C. 1536)thereof;
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)1;
(1 8) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5), the Copeland Act(29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be
incorporated into all construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources
for lobbying must be disclosed (24 CFR Part 87).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
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 24-51-1 101(2),C.R.S.,salary or other compensation from the employment,engagement,retention
or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement
Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated
party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent
contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed
and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity,including an independent contractor,a PERA Retiree
who will perform any services for the City of Pueblo? Yes , No 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 _ Q 20 2�Z.
By: - - t
''�� � 1
Name: kJ�i�%� Z� t "Y1ZL 1 S
Title: Y—C.e * .e f e "t l/
For purposes of responding to question(b)above,an"affiliated party' includes(I)any person who is the named beneficiary or co-beneficiary on
the PERA account of the PERA Retiree; (2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouses parents,stepparents,stepchildren,stepsiblings,and spouses 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 Retirees
regular salary or compensation.
15
AMENDMENT TO SUBRECIPIENT AGREEMENT
THIS AMENDMENT TO SUBRECIPIENT AGREEMENT("Amendment") is entered
into this / day of 0440.41 , 2022, nunc pro tunc April 25, 2022, between the
City of ueblo, a Colorado municipal corporation (hereinafter referred to as the "City")
and Southeastern Colorado Area Health Education Center for Rural Colorado's Health,
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 April 25, 2022, which was approved by City Council on
April 25, 2022 by Ordinance No. 10156.
WHEREAS, the Subrecipient requests that it be allowed to use $1,000.00 in grant
funds for Diabetes Self-Management Program sessions and the City consents to such
change to the Subrecipient Agreement.
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 C of the Scope of Work (Exhibit A) of the Subrecipient
Agreement shall be and hereby is amended as follows:
C. Budget
During the term of the Project, Subrecipient shall be guided by the following
budget:
Description Amount
Personnel salaries $ 45,000.00
Personnel benefits (22% of salaries) 9,900.00
Mileage (300 miles @ $.50 per mile) 150.00
National Hispanic Nurses Assn. AcuDetox Provider (5 sessions @ $100 500.00
per session)
Diabetes Self-Management Program (DSMP) sessions 1,000.00
1
Supplies 10,119.00
• diabetic socks, pill organizers, exercise stretch bands, recipe
books, food measuring cups/spoons, foot mirrors, medical record
organizers, cotton, face masks
• crock pots (SECAHEC provides an easy crock pot meal during
class and clients are encouraged to use crock meals for easy
healthy cooking)
• copies of the self-management class book "Living a Healthy Life
with Chronic Conditions"
• AcuDetox items include acupuncture needles or seeds, medical
gloves, alcohol pads, etc.
Total $ 66,669.00
2. Ratification of Prior Agreement. The original Subrecipient Agreement
entered into by the Parties on or about April 25, 2022 is incorporated herein by this
reference, is hereby ratified and shall remain in full force and effect, except as amended
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
By 2K4•Kr�
City CI Nicholas A. Gradisar, ayor
[S E A L]
Subrecipient:
Southeastern Colorado Area Health
Education Center for Rural Colorado's
Health, Inc.,
A COLORADO NCINPR.FIT CORPORATION
By1d'
Doreen Y. Gon I 1.
Executive Director
2
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Pueblo Urban Renewal
Authority, a Colorado urban renewal authority, hereinafter referred to as the "Subrecipient" or
"PURA." 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enable
Subrecipient to respond to the COVID-19 pandemic by making audio/visual upgrades to the
Pueblo Convention Center, to permit conventions or meetings to take place virtually, as well as
in-person, or through a hybrid approach, using both formats (hereinafter "Project"); and
WHEREAS, the City desires to disburse funds from Project No. CI2113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The Pueblo Convention Center is owned by the Subrecipient who has entered into
a contract with Spectra to manage and operate the facility.
(b) Over the last 2 years, the COVID-19 pandemic has placed significant financial
stress on the Pueblo Convention Center, causing dozens of cancellations and
more than $1.5m in lost revenue. These cancellations include nearly all the
scheduled events between March, 2020 and February, 2021. To date, the
convention center has received at least 150 event cancelations, not including
events that had cancelled but were never formally under contract. Because of this
financial stress, PURA has had to embrace austerity and postpone a variety of
needed upgrades, enhancements, and repairs to the building.
(c) The events business is highly competitive. To remain competitive with venues
throughout Colorado's front range and in mountain resort destinations, PURA must
periodically improve and enhance its facility. At the very minimum, the Pueblo
Convention Center must provide an extremely high-quality event experience to
attract groups to Pueblo instead of destinations like Denver, Colorado Springs or
other attractive Colorado destinations.
(d) The COVID crisis is ongoing. New variations of the virus (e.g. delta, omicron,
delta/omicron) are being discovered and are spreading around the world. It is
unknown whether it will be necessary in the future to return to the lockdowns and
quarantines which took place in 2020. As a result of this uncertainty, planners of
conventions and events require venues which can accommodate virtual
attendance as well as in-person participation.
(e) The Pueblo Convention Center requires upgrades to its audio/visual system to
allow convention presenters and attendees to participate virtually as well as in-
person. The Pueblo Convention Center's competitors along Colorado's front range
and mountain resorts already have this "hybrid" technology. Pueblo must follow
suit if it wishes to remain competitive.
(f) Allowing virtual attendance will also pay a public health dividend should
circumstances require limited in-person attendance at events or conventions in the
future.
2. 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 fully aware of and understands its duty to perform all
functions and services in accordance with the regulatory requirements of 31 CFR
2
Part 35 and those identified in Exhibit"C" hereto; and (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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-Eight
Thousand Dollars (U.S. $38,000.00). City shall make full payment to Subrecipient
within thirty (30) days following approval of this Agreement by the City Council of
the City of Pueblo and execution of this Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and provided
to the recipient a unique entity identifier. Subrecipients are not required to
complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
3
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2022 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2022 unless sooner terminated as herein provided.
6. 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.
7. 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.
8. 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
4
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.
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. 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,
5
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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
6
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.
17. 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.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER.The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2)or more counterparts and
each such counterpart shall be deemed for all purposes to be an original and all such counterparts
shall together constitute but one and the same original.
7
26. 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
(444.7
City Cle Nicholas A Gradisa , Mayor
(Seal)
Subrecipient:
PUEBLO UR: ' • NEWAL AUTHORITY
A COLO' r•• URBA RENEWAL AUTHORITY
ATTEST' -.—
B � t ,, By
ure Signat ?=
Name 011 ,15f-1 K.:1DVECI Name ;.f J-k) tul. 'Pr)e-t-( -
Title CVERPif1 MSS Title C-c rt.v 'D 1 C tZ
8
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
PURA'S SCOPE OF SERVICES
B. Principal Tasks
The components of the Subrecipient's work plan under this Agreement shall be as follows:
Purchase 3 wide format screens, three new audio mixers, microphones, LED up-lights, and 4
laptops and other audio/visual equipment necessary to permit virtual or hybrid attendance at
conventions and meetings held at the Pueblo Convention Center.
C. Budget
The aggregate of all payments made pursuant to this Agreement shall not exceed Thirty-Eight
Thousand Dollars (U.S. $38,000.00).
9
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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.)
10
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. I_.. 88-352; 42 U.S.C. 2000d, et sec.) 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 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-I 10, 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;
11
(16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16
U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974;
(17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly
sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)];
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be
incorporated into all construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources
for lobbying must be disclosed(24 CFR Part 87).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
12
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 24-5I-1 101(2),C.R.S.,salary or other compensation from the employment,engagement,retention
or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement
Association(PERA)in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated
party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent
contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed
and returned to the City of Pueblo:
a) Are you,or do you employ or engage in any capacity,including an independent contractor,a PERA Retiree
who will perform any services for the City of Pueblo? Yes ,NoX_.
b) If you answered"yes" to (a) above, please answer the following question: Arc you an individual, sole
proprietor or partnership,1 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 autht iethe City of Pueblo to deduct and withhold all such contributions from any moneys due
or payable to yo y , •City t E'Pueblo under any current or future contract or other arrangement for services between
you and the Cit of Pu lla. f „yj /
Signed R' f � ,20 G .
Name: M '"r•,-'4.,
Title: hre -tl `'e
For purposes of responding to question(b)above,an"affiliated party"includes(I)any person who is the named beneficiary or co-hencficiary 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 PIRA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings.oral(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 Puchlo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
13
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and Pueblo Community College, a
Colorado community college, 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds in connection with
the Innovative and Interactive Entrepreneurial Education of Pueblo, Colorado's Youth Project
through Subrecipient's Southern Colorado Small Business Development Center and
Subrecipient's Southern Colorado Innovative Link Program (hereinafter "Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The Covid-19 pandemic has changed many City residents' ways of thinking about
employment and now more than ever people are looking at starting their own
businesses, rather than return to or enter the traditional work force. With the forced
shutdowns during the pandemic many individuals had time to stop and think about
new business ideas, new career paths, and spend more time on social media.
Anyone who logs on to TikTok or Instagram knows that there are many posts
regarding new business ideas which has changed the way people think about their
future. This has now led to new pathways for them to earn income and many are
now wanting to become entrepreneurs and start their own businesses.
(b) Many of these individuals are teenagers that are looking for ways to make money
that is not a traditional 9 to 5 job. However, such persons need education to help
develop their ideas and to help them with the innovation and business process.
(c) Subrecipient's Southern Colorado Small Business Development Center (SBDC)
and Subrecipient's Southern Colorado Innovation link (SCIL) have collaborated on
previous projects and are now looking to start a program titled: Innovative and
Interactive Entrepreneurial Education of Pueblo Colorado's Youth (as noted above
"the Project").
(d) The Project will help inspire youth to become the next generation of entrepreneurs
by offering the following assistance: entrepreneurial and small business education,
product development, prototype development, assistance with funding, business
plan development, and one-on-one idea consulting and mentorship.
(e) The Project will encourage the entrepreneurial/small business spirit to help with
future economic growth and job opportunities in the region.
(f) The Project will help to solve an existing problem which has become more acute
with the on-set of COVID-19 pandemic, i.e. the lack of a defined talent pipeline
strategy for pairing education, non-curricular job learning and on the job
training/internships with companies in the region. This is exactly what the Project
proposes to do.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
2
3. 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.
4. 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 Forty-Nine
Thousand Dollars (U.S. $49,000.00). City shall make full payment to Subrecipient
within thirty (30) days following approval of this Agreement by the City Council of
the City of Pueblo and execution of this Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make
a subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity
identifier.
• A recipient must notify any potential subrecipients that the recipient
cannot make a subaward unless the subrecipient has obtained a
unique entity identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
3
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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.
7. 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.
8. 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.
4
9. 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.
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. 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
5
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
14. 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.
15. 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 15 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.
16. 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.
6
17. 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.
18. GOVERNMENT IMMUNITY. The City and the Subrecipient do not waive or intend to
waive, by any provisions of this Agreement, the monetary limitations or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act § 24-10-101 to
120, C.R.S., or otherwise available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
7
26. 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
Ct<& -c45kLi By
City Cler Nicholas A Gra sar, Mayor
[S E A L]
ATTEST: Subrecipient:
PUEBLO COMMUNITY COLLEGE
By By cl. .c Pi_G-7
Signature Patricia A. 4vec, Ph.D., President
Name
Title
8
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
SBDC'S AND SCIL'S SCOPE OF SERVICES
B. Principal Tasks
The components of the SBDC's and SCIL's work plan under this Agreement shall be as follows:
1. SCIL and SBDC shall be the primary integrators, collaborators, and developers of
programs which will bring the entrepreneurial and small business educational criteria to
classrooms for individuals ages 13 -21 at the local schools and colleges.
2. SCIL and SBDC will work to schedule classroom presentations and different club
participation with local high schools and colleges during the term of the Project.
Presentations will outline services and support that both programs provide and help
students understand what entrepreneurship is and then work to schedule other times to
work with students individually or in small groups to develop ideas and to encourage their
entrepreneurial spirit.
3. SCIL's responsibility is to identify a specific number of internships, job shadowing,
apprenticeships and special projects which would be filled by the participants in the
startup companies.
4. SBDC's responsibility is to integrate its existing programs, consulting and other
services so that they are accessible for the high school and college student participants.
5. SCIL and SBDC shall collaborate with Pueblo's two public school districts, Pueblo
School District No. 60 and Pueblo School District No. 70 and Pueblo Community College
and CSU Pueblo to schedule delivery of materials and program information which will
help educate the next generation of entrepreneurs.
6. SCIL and SBDC shall work with student counselors, advisors and teachers to set-up
times for presentations, time to work with students on ideas and to arrange support for school
clubs and individual student support.
7. Both SCIL and SBDC shall strive to inspire youth to become the next generation of
entrepreneurs by offering the following assistance: entrepreneurial and small business
9
education, product development, prototype development, assistance with funding, business
plan development and one-on-one idea consulting and mentorship
8. Many high school students between the ages of 13-19 already have a general idea
of a career they are interested in and participate in related pathways; (e.g. business interest
would be FBLA/DECA programs). Therefore, SCIL and SBDC shall target potential
participants in the interest areas which are relevant to startup/small business employers,
including entrepreneurship, digital marketing/content creation, computer science and
engineering.
9. Many college students between the ages of 19 to 21 are already enrolled in a
course of study. SCIL and SBDC shall work with professors, advisors, deans and
department chairs to help arrange the appropriate participation in the Project by such
students.
10. Both SCIL and SBDC shall inform both high school and college students that there
are services already available to help with product and small business development.
SCIL and SBDC shall help with idea development, patent registration, prototype
development, business plan development, marketing, business education, financial
resource connections and business idea support.
11. During the Project term, Project success shall be measured by:
• Number of presentations at schools: 24 per year;
• Participation in clubs/organizations: 3 per quarter;
• Working with teams/individuals to develop ideas/projects;
• Effectiveness as measured by surveys at the conclusion of presentations;
• Documentation shall be maintained to track progress of students which SCIL and
SBDC are working with on an individual basis.
C. Budget
During the term of the Project, Subrecipient's use of ARPA funds shall be guided by the following
budget:
Category Amount
Marketing and outreach $ 10,000.00
Individual consulting and idea development 10,000.00
Salaries and benefits 15,000.00
Travel and product development 14,000.00
Total $ 49,000.00
During the term of the Project, Subrecipient shall, at a minimum, provide the following matching
contributions to assist in the payment of consulting costs:
• SCIL (EDA grant): $5,000.00
• SBDC: $5,000.00:
10
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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:
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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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.)
11
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 sec.) 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 se .), as
amended;and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(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 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;
12
(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 8) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5), the Copeland Act (29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be
incorporated into all construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources
for lobbying must be disclosed (24 CFR Part 87).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
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 , Nov .
I)) 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 s'._9
By: cc.c --c _ R.41)o.-
Name: "e -moi _ • - r • Q,
Title: illy-eder,
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
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 25th
day of April, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and Pueblo Community College, a
Colorado community college, 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, 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, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds in connection with
the Female Founder Program through the Subrecipient's Southern Colorado Small Business
Development Center (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. CI2113 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
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) Many of the City's local businesses rely strictly on foot traffic for their revenue. With
the onset of the Covid pandemic and the various shutdowns, many businesses lost
significant revenue in 2020 and 2021.
(b) Studies have shown that many female business owners were hit harder during the
COVID pandemic due to the fact that women tend to sell their products and
services for less than their male counterparts. This is attributed to the fact that
many female owners tend to value the nurturing of relationships, rather than the
value of the dollar. They want their clients/customers to feel cared for which leads
them to generally accept an average of 20% less for their products and services
than male business owners.
(c) Subrecipient's Small Business Development Center ("SBDC") has a record of
successfully working with many local businesses. SBDC is currently in the process
of pivoting to adapt to the new ways of doing business since the onset of the
pandemic.
(d) Studies have demonstrated that woman-owned businesses are not recovering
from Covid-19 as fast as their male-owned counterparts.
2. 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 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 (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
3. 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.
4. 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
2
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 Twenty-Five
Thousand Dollars (U.S. $25,000.00). City shall make full payment to Subrecipient
within thirty (30) days following approval of this Agreement by the City Council of
the City of Pueblo and execution of this Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity
identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from May 1, 2022 to December 31, 2023 unless
this Agreement is sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. 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
3
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.
7. 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.
8. 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.
9. 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.
4
10. 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. Subrecipients shall fully cooperate with City in relation to such
monitoring and evaluation.
11. 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 day of the month following the
end of the quarter for which the report is submitted.
12. 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.
13. LIABILITY, INSURANCE
(a) As to the City, Subrecipient agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property or based
upon or arising out of the performance or nonperformance of this Agreement by
Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule
or regulation.
(b) Subrecipient agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims for damages because of
personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set
forth in subparagraph (c).
5
(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.
14. 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.
15. 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 15 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.
16. 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.
17. 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.
18. GOVERNMENT IMMUNITY. The City and the Subrecipient do not waive or intend to
waive, by any provisions of this Agreement, the monetary limitations or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act § 24-10-101 to
120, C.R.S., or otherwise available under applicable law.
6
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
26. 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
g‘'14;)-%/ By duee:141;
City Cler Nicholas A Gradisar,Mayor
(Seal)
7
ATTEST:
Subrecipient:
PUEBLO COMMUNITY COLLEGE
By By CQ , �k0
Signature Patricia A. Er 4c, Ph.D., President
Name
Title
8
EXHIBIT A
SCOPE OF SERVICES
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.
A. 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.
SBDC'S SCOPE OF SERVICES
B. Principal Tasks
The components of the SBDC's work plan under this Agreement shall be as follows:
1. SBDC shall create and administer a Female Founder Program which supports
women business owners specifically (but all genders shall be welcome). SBDC shall
implement a training series which focuses on discussion, education and creating a local
female-owned business community. The goal shall be to help businesses in our community
re-think how they currently do business and pivot, which will help them adapt to the new
ways business is conducted.
2. SBDC shall develop and implement a seven-week education series which
focuses on the following areas:
Week 1: Discussion Panel/Connection Session: Speaker will lead discussion of issues
for women in business. Outside factors which affect your business; Has being a woman
made a difference in your business?
• Can you be the boss?
• Understanding power
• Own your position
• Masculine vs Feminine (varying perspectives)
• Celebrating your wins and your business no matter the circumstances
• Female Skills
• Agents of creation
• Body/mind/spirit
• Emotions and understanding them
• Build a network, share contacts, and group chat
• Elevator pitch Introduction
9
Week 2: Business Model Canvas: This is an entrepreneurial tool that enables business owners
to visualize, design and reinvent their business model. It makes the individual stop and address
key issues and focus on what is important.
Week 3: Business Plan Check-In: Participants will be taking a look at their current business plan
and use information from the class to help update as necessary.
• Elevator Pitch
• Business Plan in a Day
• Value with managing
• Your Why, Your Dream, Your Vision
• Understanding your Money Mindset
Week 4: Selling/Marketing Like a Boss: Your business is about more than your products, let's
make sure you're selling with confidence and heart.
• Elevator Pitch
• Marketing class layered with ideas on how to sell with confidence
• How to say 'I'm not doing this for free' politely.
• What is the biggest barrier in selling/marketing?
• Have you lost income by giving away product/services?
• Titles discussion
• Leadership
• Define and Read Your Audience
• Power vs Force - Presentation of the Message (Tone)
• Strategies for Effective Resolution (Flow)
• Discuss marketing plans and what changed might need to be made
Week 5: Design Class:
• Different communication avenues including MailChimp/Constant Contact, Canva
• Making your business truly yours
• Branding your perfect business
• Design flyer
Week 6: Financing, Funding, and Forecasting: This will be a community lender panel that can
answer questions and help make connections to funding opportunities available.
Week 7: Presentation, Discussion, and Feedback: This will be the final class which will have
a presentation from each participant.
4. SBDC shall offer each participant a $1,000.00 grant for the development of
marketing/branding materials, with one of the City's local marketing professionals. SBDC shall
also engage a local life coach who would agree to give participants 4 consulting sessions at a
discounted rate. The life coach support is needed to help participants continue along the path that
the class has started. In addition, the assistance from the marketing consultant will help each
participant's business grow. During the term of the Project, SBDC also agrees to provide
continuing education and free one-on-one consulting.
10
5. SBDC shall offer 2 series of the Female Founders program with each session being
limited to 15 participants. Each session shall be offered at no cost to participants.
6. Success of the Project will be measured in the following ways:
a. 15 Participants signed up and complete the series. The minimum number per
series will be 8 to be considered successful. SBDC will help a minimum of 16
small business with this program with a goal of 30 small businesses.
b. SBDC shall hold discussions at the close of each 7-week session to hear what
individuals are learning and what changes to the course are needed, if any.
c. Participants shall also complete surveys: Pre-Survey to outline
expectations, Mid-Survey to see if expectations are being met and a Post-
Survey for general information after each series has concluded.
7. All consultants shall be required to keep a file on each participant/client being
assisted. The consultants shall also be required to check in periodically on community impact
after the session:
• Did the Project help with sales increases?
• Did participants obtain any loans?
• Were participants able to develop their e-commerce platform and not just rely
on foot traffic?
• Were participants able to hire any new staff?
C. Budget
During the term of the Project, Subrecipient's use of ARPA funds shall be guided by the following
budget:
Category Amount
Grant Awards to participants for marketing consultant and $ 30,000.00
life coach @ 30 participants
Presenter costs 2,000.00
Marketing costs 1,200.00
Course development 4,000.00
Consulting fees— 5 sessions 7,000.00
Subtotal 44,200.00
PCC/SBDC Minority Business Office contribution (7,000.00)
CHAFA contribution (12,200.00)
Amount of ARPA grant $ 25,000.00
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.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. 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 quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. 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.
5. 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.
6. City auditors will periodically make interim audits and may, upon completion of the Project, make
a final audit.
7. 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 l;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as
amended; and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(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 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. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act(29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be
incorporated into all construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources
for lobbying must be disclosed (24 CFR Part 87).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,- in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
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: Arc 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 S , 20`1`
o.-krtct�t. C—"
By: Pryn ,C_ P,D
Name: -i �, Pk
Title: 6-1?
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 NRA 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 Retirees
regular salary or compensation.
15