HomeMy WebLinkAbout10304ORDINANCE NO. 10304
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE PUEBLO PERFORMING ARTS
GUILD, INC. D/B/A THE PUEBLO ARTS ALLIANCE, 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 THIRTY-SIX THOUSAND
DOLLARS ($36,000) 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; NOW,
THERFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) dated October 24, 2022, between and the
City of Pueblo, a Colorado municipal corporation and the Pueblo Performing Arts Guild, Inc.
d/b/the Pueblo Arts Alliance, a Colorado nonprofit corporation (“Arts Alliance”) 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 $36,000 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, for purposes of providing financial support to the Arts
Alliance’s participatory art classes and programs for Pueblo’s disproportionately impacted and
low-income students, 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 October 11, 2022 .
Final adoption of Ordinance by City Council on October 24, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on October 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
Deputy City Clerk
City Clerk's Office Item # R1
Background Paper for Proposed
Ordinance
October 11, 2022
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
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
PUEBLO PERFORMING ARTS GUILD, INC. D/B/A THE PUEBLO ARTS
ALLIANCE, 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 THIRTY-SIX THOUSAND DOLLARS
($36,000) 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 Pueblo Performing Arts Guild, Inc. d/b/a the Pueblo Arts Alliance, a Colorado
nonprofit corporation (“Arts Alliance”) to support its participatory art classes and
programs for Pueblo’s disproportionately impacted and low-income students
(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
$36,000 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 past few years have been challenging for young people and families in the Pueblo
community and the impact of Covid-19 created additional life-changing implications that
have continued to affect Pueblo’s low-income households which qualify for government
assistance. Low-income students generally have fewer learning resources at home,
particularly training in the arts which is essential for “right brain” development.
Subrecipient was organized in 2013 and for many years has been providing
participatory art classes to Pueblo’s low-income students. In particular, the Arts Alliance
has provided the following programs and services:
1. During the Chili & Frijole Festival – Creative Corridor approximately 600
children at Kid’s Corner Stencil Walls, Wings picture op, Eric Sarracino
created free caricatures; gave out water color kits, parking lot chalk art
2. Kids’ Corner – Art History Class – in Liminal Space Gallery 22 children – ages
2 to 5 group 1/ ages 11-13 group 2; art history class attached to a themed art
project – 6 week course
3. Cross Roads Turning Point Stay Sober Event Gallery show and lot festival;
approximately 150 high school age youth themed “Do Art Not Drugs”
4. Southern Colorado Equality Association Pride Celebration Gallery Show and
Pride Prom (no alcohol) – 5 years to 80 years attended; approximately 120
17–28-year-olds participated
5. Creative Reuse of Pueblo Project Days 17 children – “shop” in thrift store to
make a project StreetBeat, in Liminal Space Gallery
6. Collaborates with Southern Colorado Youth Development (another 501c3
organization) in participatory art projects
7. Many of the Subrecipient’s members also teach youth classes – such as
Vocal lessons, Piano, and Classical Percussion – Approx.35 students at the
Subrecipient’s building located at 107 S. Grand Ave. in downtown Pueblo
FINANCIAL IMPLICATIONS:
The Arts Alliance will receive $36,000 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 Arts Alliance.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Arts Alliance - Subrecipient Agreement - ARPA funds
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this
24th day of October, 2022, by and between the City of Pueblo, a Colorado municipal
corporation, hereinafter referred to as the "City" and the Pueblo Performing Arts Guild, Inc.
d/b/a the Pueblo Arts Alliance, a Colorado nonprofit corporation, hereinafter referred to as the
"Subrecipient" or "Arts Alliance." City and Subrecipient/Arts Alliance 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 (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 for the
purpose of providing participatory art classes and programs to Pueblo's disproportionately
impacted and low-income students (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, the Parties hereto mutually agree as follows:
1. FACTUAL BASIS FOR THE GRANT AWARD
(a) The past few years have been challenging for young people and families in
the Pueblo community and the impact of Covid-19 created additional life-changing
implications that have continued to affect Pueblo's low-income households which qualify
for government assistance. Low-income students generally have fewer learning resources
at home, particularly training in the arts which is essential for "right brain" development.
(b) Subrecipient was organized in 2013 and for many years has been providing
participatory art classes to Pueblo's low-income students. In particular, the Arts Alliance has
provided the following programs and services:
1. During the Chili & Frijole Festival — Creative Corridor
approximately 600 children at Kid's Corner Stencil Walls,
Wings picture op, Eric Sarracino created free caricatures;
gave out water color kits, parking lot chalk art.
2. Kids' Corner—Art History Class — in Liminal Space Gallery
22 children — ages 2 to 5 group 1/ ages 11-13 group 2; art
history class attached to a themed art project — 6 week
course
3. Cross Roads Turning Point Stay Sober Event Gallery show
and lot festival; approximately 150 high school age youth
themed "Do Art Not Drugs"
4. Southern Colorado Equality Association Pride Celebration
Gallery Show and Pride Prom (no alcohol) — 5 years to 80
years attended; approximately 120 17-28-year-olds
participated
5. Creative Reuse of Pueblo Project Days 17 children —
"shop" in thrift store to make a project StreetBeat, in Liminal
Space Gallery,
6. Collaborates with Southern Colorado Youth Development
(another 501c3 organization) in participatory art projects.
7. Many of the Subrecipient's members also teach youth
classes — such as Vocal lessons, Piano, and Classical
Percussion — Approx.35 students at the Subrecipient's
building located at 107 S. Grand Ave. in downtown Pueblo
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2. NOTICE AND DISCLOSURES BY THE CITY
(a) For purposes of receiving and using Coronavirus Local Fiscal Recovery Funds,
the Subrecipient is hereby advised that the City of Pueblo's CFDA Number is 21.027.
(b) 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. 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.
(d) This Agreement is a covered transaction for purposes of 2 CFR, Part 180 and
2 CFR, Part 3000. As such the Subrecipient is required to verify that none of the Subrecipient,
its principals (defined at 2 CFR Section 180.995) or its affiliates (defined at 2 CFR Section
180.905) are excluded (defined at 2 CFR Section 180.940) or disqualified (defined at 2 CFR
Section 180.935).
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(e) The Subrecipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part
3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(f) This certification is a material representation of fact relied upon by City. If it is
later determined that the Subrecipient did not comply with 2 CFR Part 180, subpart C and 2
CFR Part 3000, subpart C, in addition to remedies available to City, the federal government
may pursue available remedies, including but not limited to suspension and/or debarment.
(g) The Subrecipient agrees to comply with the requirements of 2 CFR Part 180,
subpart C and 2 CFR Part 3000, subpart C during the term of this Agreement. The
Subrecipient further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
4. 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.
5. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
(a) The City will pay to Subrecipient an amount up to that specified in
subparagraph (c) of this paragraph as full compensation for all services and work to be
performed or undertaken by Subrecipient under this Agreement. Payment of funds to
Subrecipient is subject to all of the following requirements, which shall be conditions
precedent to payment: (i) that Subrecipient has expended funds for eligible approved
expenditures, (ii)that Subrecipient is not in default of any material provision of this Agreement
nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for
payment or reimbursement detailing the eligible payment or reimbursement items in a format
approved by City, (iv) that Subrecipient has certified with each payment or reimbursement
request compliance with the requirements identified in Exhibit "C" and that all expenditures
for which reimbursement is sought were made for and in furtherance of the approved Project
and are an eligible use of federal assistance under ARPA and federal regulations.
(b) Payment hereunder is also subject to and may only be disbursed in accordance
with applicable Federal regulations including but not limited to those at 31 CFR Part 35, as
presently promulgated and as same may be revised from time to time in the future, all other
terms of this Agreement, and any special provisions in the Scope of Services. All payments
received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in
31 CFR Part 35.
(c) The aggregate of all payments made hereunder shall not exceed Thirty-Six
Thousand Dollars (U.S. $36,000.00). City shall make payments to Subrecipient according to
the following schedule:
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Date Description Amount
11-01-22 Initial payment $ 9,000.00
01-15-23 Second payment (contingent on receipt of quarterly 9,000.00
report covering 11/01/22 to 12/31/22)
04-15-23 Third payment (contingent on receipt of quarterly 9,000.00
report for the preceding quarter)
07-15-23 Final payment (contingent on receipt of quarterly 9 ,000.00
report for the preceding quarter)
Total $ 36,000.00
(d) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand at the
time of expiration or termination.
6. 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.
7. 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.
8. ASSIGNABILITY
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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.
9. 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.
10. 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.
11. MONITORING AND EVALUATION
The City shall have the right to monitor and evaluate the progress and performance of the
Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in
accordance with City's and other applicable monitoring and evaluation criteria and standards.
The City shall at least quarterly review the Subrecipient's performance using on-site visits,
progress reports required to be submitted by the Subrecipient, audit findings, disbursements
transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish
to the City quarterly program and financial reports of its activities in such form and manner as
may be requested by the City. Subrecipient shall fully cooperate with City in relation to such
monitoring and evaluation.
12. 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
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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.
13. INDEPENDENCE OF SUBRECIPIENT
Nothing herein contained nor the relationship of Subrecipient to City, which relationship is
expressly declared to be that of an independent Agreement or, 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.
14. 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) During the term of the Project, Subrecipient shall maintain Workers'
Compensation Insurance complying with statutory requirements in Colorado.
15. 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.
16. 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 16 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.
17. PERA LIABILITY
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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 Agreement ed
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.
18. ENTIRE AGREEMENT; AMENDMENTS
The provisions set forth in this Agreement, and all Exhibits and attachments to this
Agreement, constitute the entire and complete agreement of the parties hereto and
supersede all prior written and oral agreements, understandings or representations related
thereto. No amendment or modification of this Agreement, and no waiver of any provisions
of this Agreement shall be binding unless made in writing and executed by the duly authorized
officers of both the Subrecipient and City.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
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25. 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.
26. 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.
27. 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
Xgell
By
P4 4 City Clerk Nicholas A Gra Isar, Mayor
[S E A L]
Subrecipient:
PUEBLO PERFORMING ARTS GUILD,
INC. D/B/A PUEBLO ARTS ALLIANCE
A COLORADO NONPROFIT
CORPORATION
ATTEST:
By By (t10j
Signature Suture
Name Name 3u1;*G ,,, kfox>as
Title Title PreS; �p ,
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9
EXHIBIT A
SCOPE OF SERVICES
A. 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 Subrecipient's workplan shall consist of providing participatory art
classes, at no cost to participants, to Pueblo's low-income students, including but not limited
to the following programs and services:
1. During the Chili & Frijole Festival — Creative Corridor
approximately 600 children at Kid's Corner Stencil Walls,
Wings picture op, Eric Sarracino created free caricatures;
gave out water color kits, parking lot chalk art.
2. Kids' Corner—Art History Class — in Liminal Space Gallery
22 children — ages 2 to 5 group 1/ ages 11-13 group 2; art
history class attached to a themed art project — 6 week
course
3. Cross Roads Turning Point Stay Sober Event Gallery show
and lot festival; approximately 150 high school age youth
themed "Do Art Not Drugs"
4. Southern Colorado Equality Association Pride Celebration
Gallery Show and Pride Prom (no alcohol) — 5 years to 80
years
attended; approximately 120 17-28-year-olds participated
5. Creative Reuse of Pueblo Project Days 17 children —
"shop"
in thrift store to make a project StreetBeat, in Liminal Space
Gallery,
6. Collaborates with Southern Colorado Youth Development
(another 501c3 organization) in participatory art projects.
7. Many of the Subrecipient's members also teach youth
classes — such as Vocal lessons, Piano, and Classical
Percussion — Approx.35 students at the Subrecipient's
building located at 107 S. Grand Ave. in downtown Pueblo
The aggregate of all payments made hereunder shall not exceed Thirty-Six Thousand Dollars
(U.S. $36,000). City shall make payments to Subrecipient according to the following schedule:
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Date Description Amount
11-01-22 Initial payment $ 9,000.00
01-15-23 Second payment (contingent on receipt of quarterly 9,000.00
report covering 11/01/22 to 12/31/22)
04-15-23 Third payment (contingent on receipt of quarterly report 9,000.00
for the preceding quarter)
07-15-23 Final payment (contingent on receipt of quarterly report 9 ,000.00
for the preceding quarter)
Total $ 36,000.00
Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the Subrecipient and the City.
B. Performance Monitoring:
The City will monitor the performance of the Subrecipient according to the Principal Tasks
and Budget set forth herein. Substandard performance shall mean non-compliance with this
Agreement. If actions to correct such substandard performance are not taken by the
Subrecipient within a reasonable period of time after being so notified by the City, contract
suspension or termination procedures may be initiated, in the sole discretion of the City.
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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 be tiled 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.)
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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 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;
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(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)]) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as
amended. Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA);
(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. 40I2a(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 Agreement 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 pursuant to the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352 ).
(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 Agreement , the making of any federal grant, the making of any federal loan,
I4
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(h) 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 Agreement, 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).
(25) The Subrecipient also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
(26) The Subrecipient and all of its subcontractors acknowledge and will comply with the
requirements of 2 C.F.R. § 200.216, including the prohibition on spending federal loan or grant funds to
procure or obtain the prohibited equipment, services, or systems covered by the provision.
(27) To the extent consistent with law and in accordance with 2 C.F.R. § 200.322, Subrecipient
and all of its subcontractors will to the greatest extent practicable under the Agreement,provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products). This
requirement must be included in all contracts and purchase orders which Subrecipient may enter into.
15
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement,
retention or other use of a person receiving retirement benefits(Retiree) through the Colorado Public Employees
Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or
an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant,
independent contractor,or through other arrangements,is subject to employer contributions to PERA by the City of
Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be
completed, signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA
Retiree who will perform any services for the City of Pueblo? Yes_, No X . (If you answered "no" please
proceed to signature section at bottom of this page.)
(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?
For purposes of responding to this question, an "affiliated party" includes (1) any person who is the named
beneficiary or cobeneficiary 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. 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), 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.
Please provide the name, address, date of birth, and social security number of each such PERA Retiree. If more
than two, please attach a supplemental list.
Name Address DOB Social Security Number
Name Address DOB Social Security Number
Failure to accurately complete,sign and return this document to the City of Pueblo may result in you being
denied the privilege of doing business with the City of Pueblo.
Company Name: PUEBLO PERFORMING AJRTS GUILD dba PUEBLO ARTS ALLIANCE
Authorized Signature: ,(1,14‘-:,
`m Title: President
Printed Name: Julie Ann Woods Date: 11/20/22