HomeMy WebLinkAbout10238ORDINANCE NO. 10238
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
THE SENIOR RESOURCE DEVELOPMENT AGENCY, PUEBLO,
INC., A COLORADO NONPROFIT CORPORATION, AS
AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE
PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND
AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND
SEVEN HUNDRED NINETY-ONE DOLLARS ($83,791) 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 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, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are
responding to the negative economic impacts of the COVID-19 public health emergency; and
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) dated August 8, 2022, between the City of
Pueblo, a Colorado municipal corporation and the Senior Resource Development Agency,
Pueblo, Inc., a Colorado nonprofit corporation, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved:
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $83,791 are hereby authorized to be paid from Project No. CI2113
– American Rescue Plan Act, for the purchase of one (1) eleven (11) passenger vehicle that can
accommodate three (3) wheelchairs, as described in the attached Agreement.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures 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 July 25, 2022 .
Final adoption of Ordinance by City Council on August 8, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on August 9, 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-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 25, 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 A
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE SENIOR RESOURCE
DEVELOPMENT AGENCY, PUEBLO, INC., A COLORADO NONPROFIT
CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN
RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND
AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND SEVEN
HUNDRED NINETY-ONE DOLLARS ($83,791) FROM PROJECT NO. CI2113 -
AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement with the
Senior Resource Development Agency, Pueblo, Inc., a Colorado nonprofit corporation (“SRDA”)
to purchase an eleven (11) passenger vehicle that can accommodate three (3) wheelchairs
(hereinafter “Project”) as authorized by Section 603 of the American Rescue Plan Act and U.S.
Treasury Final Rule 31 CFR 35.6. Funds for the project, in the amount of $83,791 will be paid out
of Project No. CI2113, the American Rescue Plan Act.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No.
CI2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be
distributed to the City from the American Recovery Plan Act (“ARPA”) for covered costs and
eligible expenses to be incurred during the period which began on March 3, 2021 until December
31, 2024 (to be expended by December 31, 2026).
BACKGROUND:
The Agreement approved by the attached Ordinance requires SRDA to:
1. Purchase of one (1) eleven (11) passenger vehicle that can accommodate three (3)
wheelchairs.
2. The vehicle shall be used in the transportation of seniors and disabled individuals in
the City of Pueblo and Pueblo County. The vehicle shall provide transportation to medical
appointments, grocery shopping, congregate meal-sites, center-related trips, for exercise, games
and socialization.
3. The vehicle shall be used to provide service to individuals who are not able to access
the buses that Pueblo Transit operates and don’t qualify to use the Citi-lift program and for
individuals in the small urbanized and rural areas where there are no other transportation services
available to them.
4. SRDA Transportation shall operate the vans Monday through Friday 8:00 a.m. – 5:00
p.m. in the city and small urbanized areas of Pueblo West, Blende Mesa area and 8:00 a.m. –
6:30 p.m. Monday through Friday in the rural areas of Avondale, Boone, Colorado City, Rye and
Beulah.
FINANCIAL IMPLICATIONS:
SRDA will receive $83,791 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 the purchase of a new multi-passenger van by SRDA.
RECOMMENDATION:
Approval of the Ordinance
Attachments:
Proposed Ordinance
Proposed Subrecipient Agreement
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 8th day
of August, 2022, (hereinafter "Effective Date") by and between the City of Pueblo, a Colorado
municipal corporation, hereinafter referred to as the "City" and the Senior Resource Development
Agency, Pueblo, Inc., Inc., a Colorado nonprofit corporation, hereinafter referred to as the
"Subrecipient" or "SRDA." City and Subrecipient/SRDA 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. CI2113 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, under ARPA Section 603 (c)(1)(A) and the Final Rule 31 CFR 35.6(b)(7) and
(12) recipients may provide CLFR Funds to programs or services to at-risk senior citizens and
disproportionately impacted communities; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use 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, Subrecipient has requested that the City use CLRF Funds to enable SRDA
to purchase an eleven (11) passenger vehicle that can accommodate three (3) wheelchairs
(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
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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 and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the Parties, the Parties hereto mutually agree as follows:
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The COVID-19 pandemic has had an especially devastating impact on the City
of Pueblo's senior citizens. People over 65 have endured much higher rates of
hospitalization and death as a result of the virus. Mental health consequences
have been commensurate with physical illnesses. Due to the "lock downs" and
social distancing required by public health orders, isolation, loneliness and
depression have reached emergency levels for Pueblo's seniors.
(b) Subrecipient's demand for nutrition services rose over 15% over 2019 and the
Subrecipient is on track for 2022 to almost double the number of meals served
to seniors. As the pandemic drags on so does the need for food and
socialization.
(c) A new multi-passenger vehicle is needed for the transportation of seniors and
disabled persons in the City of Pueblo and Pueblo County. The vehicle will provide
transportation to medical appointments, grocery shopping, congregate meal-site
venues, center-related trips for exercise, art classes, games and socialization. The
vehicle would help provide service to individuals who are not able to access the
buses that Pueblo Transit operates and don't qualify to use the Citi-lift program
and for individuals in the small urbanized and rural areas where there are no other
transportation services available to them, except for the taxi service which is very
expensive, especially when passengers are on a fixed income.
(d) SRDA Transportation is a specialized demand response, curb-to-curb
transportation service for seniors and persons with disabilities within the City of
Pueblo and Pueblo County.
(e) SRDA Transportation conducts customer satisfaction surveys. Survey results
indicated that 69% of the clients would put off medical appointments if SRDA
Transportation was not available. 89% of the clients said that their health condition
was better because they were able to use SRDA Transportation for medical
appointments. 94% said having the service received through SRDA Transportation
helped them keep or improved their independence.
(f) 2020 was a difficult year because of COVID-19. Agencies, workplaces, and offices
were being closed. In 2020, SRDA Transportation was still able to provide 16,326
one-way trips to 539 unduplicated clients to medical appointments, work and
grocery shopping. In the City, SRDA provided 6,726 one-way trips to 398
unduplicated clients; in the small urbanized areas SRDA provided 4,794 one-way
trips to 107 unduplicated clients and SRDA provided 4,806 one-way trips to 34
unduplicated clients in the rural areas,
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2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required to
provide the City with the following information and documentation:
1. Federal SAM Unique Entity ID;
2. City Sales Tax License;
3. State Sales Tax License;
4. IRS designation as a 501(c)(3) nonprofit entity; and
5. Certificate of Good Standing from the Office of the Secretary of State.
(b) 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.
(c) 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
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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 Eighty-Three
Thousand Seven Hundred Ninety-One Dollars (U.S. $83,791.00). Payment will be
made 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) 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 Effective Date set forth above to December
31, 2023 unless 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.
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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
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
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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 AND 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).
(a) The minimum insurance coverage which Subrecipient shall obtain and keep in force
is Comprehensive General and Automobile Liability Insurance with limits not less
than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One
Million Dollars ($1,000,000) per occurrence for personal injury, including but not
limited to death and bodily injury, and Fifty Thousand and No/100 Dollars($50,000)
per occurrence for property damage.
(d) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
(e) Subrecipient shall furnish a certificate of insurance certifying such coverage to
City's Director of Finance prior to disbursement of any funds to Subrecipient.
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.
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(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. SEVERABILITY. 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.
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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
CtCv )1
By+7 (4 .4 et4c /'�'f
City CI Nicholas A Gradisar, Mayor
[S E A L]
SENIOR RESOURCE DEVELOPMENT
AGENCY, PUEBLO, INC.
A COLORADO NONPROFIT
CORPORATION
ATTEST:
By By . 4A a- ' r O!, U 'V
Signature Signature
Name Name1-T' MV
Title Title b-tVWFU VW?1COY
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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.
SUBRECIPIENT'S SCOPE OF SERVICES
B. Principal Tasks
The Subrecipient will be responsible for administering the Project. The Subrecipient will
administer all tasks encompassed in the aforesaid Project in compliance with all applicable
federal, state and local rules and regulations governing the Project, in a manner satisfactory to
the City.
The components of the Subrecipient's work plan under this Agreement shall be as follows:
1. Purchase of one (1) eleven (11) passenger vehicle that can accommodate three (3)
wheelchairs.
2. The vehicle shall be used in the transportation of seniors and disabled individuals in
the City of Pueblo and Pueblo County. The vehicle shall provide transportation to medical
appointments, grocery shopping, congregate meal-sites, center-related trips, for exercise, games
and socialization.
3. The vehicle shall be used to provide service to individuals who are not able to access
the buses that Pueblo Transit operates and don't qualify to use the Citi-lift program and for
individuals in the small urbanized and rural areas where there are no other transportation services
available to them.
4. SRDA Transportation shall operate the vans Monday through Friday 8:00 a.m. —5:00
p.m. in the city and small urbanized areas of Pueblo West, Blende Mesa area and 8:00 a.m. —
6:30 p.m. Monday through Friday in the rural areas of Avondale, Boone, Colorado City, Rye and
Beulah.
C. Budget
$83,791.00
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EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
1. An accounting system using the accrual basis of generally accepted accounting principles which
accurately reflects all costs chargeable (paid and unpaid) to the Project is mandatory. A receipts and
disbursements ledger must be maintained. A general ledger with an income and expense account for each
budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary.
Similarly,cash receipts for the payment of wages is mandatory. Paid invoices revealing check number,date
paid and evidence of goods or services received are to be filed per the expense account they were charged.
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.)
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EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with
all applicable municipal, state and federal statutes and regulations, including but not limited to the
following:
Municipal and State
(1) The Charter, Municipal Code and the Rules and Regulations of the City of Pueblo,
including but not limited to,the legal obligation to obtain all required licenses and permits from the City of
Pueblo.
(2) The Constitution, Colorado Revised Statutes and the Rules and Regulations of the State of
Colorado, including, but not limited to, the legal obligation to obtain all required licenses and permits from
the State of Colorado.
Federal
(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
(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;
(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,
12
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
M
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 ind pendent 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 Al/TiG;r
1 ,20
By: ---ra___•ammv-ik..)
Name: CG- U` ilA, / t ).A
Title: 2'1 i ('2--0-
For
-
For purposes of responding to question(h)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.
14