HomeMy WebLinkAbout10366ORDINANCE NO. 10366
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO, AS FISCAL
AGENT OF THE PUEBLO COUNTY HOUSE BILL 04-1451
COLLABORATIVE MANAGEMENT PROGRAM, 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 TWENTY-FIVE
THOUSAND DOLLARS ($25,000) FROM PROJECT NO. CI2113
- AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF
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; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) dated January 9, 2023, between the City of
Pueblo, a Colorado municipal corporation and Pueblo County, a political subdivision of the State
of Colorado, as fiscal agent of the County House Bill 04-1451 Collaborative Management
Program (“CMP”) 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 $25,000 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, for purposes of providing financial support to the Pueblo
County House Bill 04-1451 Collaborative Management Program.
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 December 27, 2022.
Final adoption of Ordinance by City Council on January 9, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on January 11, 2023 .
□ 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 # R1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 9, 2023
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 PUEBLO
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
COLORADO, AS FISCAL AGENT OF THE PUEBLO COUNTY HOUSE
BILL 04-1451 COLLABORATIVE MANAGEMENT PROGRAM, 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 TWENTY-FIVE THOUSAND
DOLLARS ($25,000) 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 Pueblo County, as fiscal agent of the County House Bill 04-1451 Collaborative
Management Program (“CMP”) (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 $25,000 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 Pueblo County House Bill 04-1451 / Collaborative Management Program (CMP)
ispart of a statewide program under the umbrella of the Colorado Department of Human
Services (CDHS) that serves at-risk, multi-system involved youth between ages 0-21
and their families. The four focus areas of the program are: Child Welfare, Juvenile
Justice, Behavioral Health and Education. In Pueblo County, the focus of the CMP is
on education (truancy/school attendance issues, behavioral/disciplinary problems,
academic issues, and other educational “disengagement” problems), although since the
families are multi-system involved they often touch all of the emphasis areas. The
Pueblo Interagency Oversight Group (PIOG) board oversees the programmatic and
financial functions of the program, and is comprised of statutorily-mandated
collaborative partners, including: Pueblo County Department of Human Services, the
Tenth Judicial District Courts and Probation, Pueblo Department of Public Health &
Environment, School District 60, Health Solutions, Health Colorado, Division of Youth
Services, Signal Behavioral Health, YWCA of Pueblo, Crossroads’ Turning Points, and
Catholic Charities of Southern Colorado. The PIOG board has budgeted a small
amount of flex-funds every fiscal year to assist CMP families with simple economic
barriers to school and system success, primarily housing assistance (rent, deposit,
hotels, etc.), utility-bill assistance, car-repair help, and other related expenses. The
board has traditionally budgeted approximately $50,000 per year in flex funds for
financial assistance, but the COVID pandemic has greatly increased the level of need
the CMP is seeing with their client families, with clients losing employment or seeing
their work hours greatly reduced as a result of the economic damage caused by the
global pandemic. For example, in the first quarter (July-September) of the state fiscal
year in FY 2021-22 the CMP served 13 new families, while in the first quarter of FY
2022-23 we worked with 34 families, almost triple the amount from the year before.
The City is seeing increasing levels of homelessness and housing instability among our
client families.
In an effort to combat and mitigate the negative economic impact of the COVID-19
pandemic, the Collaborative Management Program partnered with School District 60 in
July 2021 on their American Rescue Plan – Homeless Children and Youth I (ARP-HCY
I) grant. This partnership enabled the CMP to access increased funds for helping
homeless students and families to access stable housing, spending over $55,751.39 in
FY 2021-22 to help 39 families (with 73 youth) access either temporary (hotels) or more
permanent housing (rent, deposit). In August 2022, District 60 was notified by the
grantor that the ARP-HCY I funding could no longer be used for the “permanent”
housing category (for helping clients with rental deposits and first month’s rent). The
grant is now being limited to “temporary” housing – primarily two weeks at a hotel. This
change is severely affecting the assistance the Subrecipient can provide to families.
The initial move-in costs on a house or apartment can be very daunting (with the
deposit and first month’s rent being out of reach for a lot of families, especially with the
economic changes caused by the pandemic) and this type of help is more effective than
merely helping a family with 2 weeks at a hotel. Subrecipient is proposing that its
program be assisted with $25,000 from the City of Pueblo’s allocation of ARPA funds in
order to devote this funding to assist homeless students and their families with rent and
rental deposit help on permanent housing (to either private landlords, apartment
complexes, property management companies, mobile home parks, and other entities
that provide permanent housing). If approved, this ARPA funding would help to replace
the loss of available funding through the District 60 ARP-HCY I grant which is no longer
accessible for permanent-housing assistance. The financial assistance would be case-
by-case, but once per family, with an approximate cost (based on our historical data) of
$800-$2,500 per family, meaning we could assist between 10-30 families with move-in
costs between now and the end of the current fiscal year on June 30, 2023.
Access to this $25,000 of Pueblo ARPA funding would enable the Collaborative
Management Program to help economically-impacted homeless students and families
access permanent housing, which is a current “gap” in service caused by the change to
the D60 ARP-HCY I grant. The CMP has seen an almost tripled increase in referred
families looking for help over the past several years, coinciding with the economic
impact caused by the COVID pandemic. Stable housing leads to better outcomes,
including increased school attendance, increased academic achievement, better
management of mental health symptoms, fewer entries into the child-welfare system,
and lower criminal-justice involvement. Additionally, while the ARP-HCY I grant was
limited to students and families enrolled in a District 60 school, the Pueblo
ARPA funding would be open to all students and families who reside in Pueblo County,
regardless of school district.
FINANCIAL IMPLICATIONS:
Pueblo County, as fiscal agent, will receive $25,000 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 County House Bill 04-1451 Collaborative
Management Program.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. ARPA Subrecipient Agreement
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this
9th day of January, 2023 (hereinafter"Effective Date") by and between the City of Pueblo,
a Colorado municipal corporation, hereinafter referred to as the "City" and Pueblo County,
a political subdivision of the State of Colorado, as fiscal agent of the County House Bill
04-1451 Collaborative Management Program, hereinafter referred to as the
"Subrecipient" or "County." City and Subrecipient/County 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, Subrecipient has requested that the City use CLRF Funds to support
its County House Bill 04-1451 Collaborative Management Program (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 Pueblo County House Bill 04-1451 / Collaborative Management
Program (CMP) is part of a statewide program under the umbrella of the
Colorado Department of Human Services (CDHS) that serves at-risk, multi-
system involved youth between ages 0-21 and their families. The four focus
areas of the program are: Child Welfare, Juvenile Justice, Behavioral
Health and Education. In Pueblo County, the focus of the CMP is on
education (truancy / school attendance issues, behavioral / disciplinary
problems, academic issues, and other educational "disengagement"
problems), although since the families are multi-system involved they often
touch all of the emphasis areas. The Pueblo Interagency Oversight Group
(PIOG) board oversees the programmatic and financial functions of the
program, and is comprised of statutorily-mandated collaborative partners,
including: Pueblo County Department of Human Services, the Tenth
Judicial District Courts and Probation, Pueblo Department of Public Health
& Environment, School District 60, Health Solutions, Health Colorado,
Division of Youth Services, Signal Behavioral Health, YWCA of Pueblo,
Crossroads' Turning Points, and Catholic Charities of Southern Colorado.
The PIOG board has budgeted a small amount of flex-funds every fiscal
year to assist CMP families with simple economic barriers to school and
system success, primarily housing assistance (rent, deposit, hotels, etc.),
utility-bill assistance, car-repair help, and other related expenses. The
board has traditionally budgeted approximately $50,000 per year in flex
funds for financial assistance, but the COVID pandemic has greatly
increased the level of need the CMP is seeing with their client families, with
clients losing employment or seeing their work hours greatly reduced as a
result of the economic damage caused by the global pandemic. For
example, in the first quarter (July-September) of the state fiscal year in FY
2021-22 the CMP served 13 new families, while in the first quarter of FY
2022-23 we worked with 34 families, almost triple the amount from the year
before. The City is seeing increasing levels of homelessness and housing
instability among our client families.
(b) In an effort to combat and mitigate the negative economic impact of the
COVID-19 pandemic, the Collaborative Management Program partnered
with School District 60 in July 2021 on their American Rescue Plan —
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Homeless Children and Youth I (ARP-HCY I) grant. This partnership
enabled the CMP to access increased funds for helping homeless students
and families to access stable housing, spending over $55,751.39 in FY
2021-22 to help 39 families (with 73 youth) access either temporary (hotels)
or more permanent housing (rent, deposit). In August 2022, District 60 was
notified by the grantor that the ARP-HCY I funding could no longer be used
for the "permanent" housing category (for helping clients with rental deposits
and first month's rent). The grant is now being limited to "temporary"
housing — primarily two weeks at a hotel. This change is severely affecting
the assistance the Subrecipient can provide to families. The initial move-in
costs on a house or apartment can be very daunting (with the deposit and
first month's rent being out of reach for a lot of families, especially with the
economic changes caused by the pandemic) and this type of help is more
effective than merely helping a family with 2 weeks at a hotel. Subrecipient
is proposing that its program be assisted with $25,000.00 from the City of
Pueblo's allocation of ARPA funds in order to devote this funding to assist
homeless students and their families with rent and rental deposit help on
permanent housing (to either private landlords, apartment complexes,
property management companies, mobile home parks, and other entities
that provide permanent housing). If approved, this ARPA funding would
help to replace the loss of available funding through the District 60 ARP-
HCY I grant which is no longer accessible for permanent-housing
assistance. The financial assistance would be case-by-case, but once per
family, with an approximate cost (based on our historical data) of $800-
$2,500 per family, meaning we could assist between 10-30 families with
move-in costs between now and the end of the current fiscal year on June
30, 2023.
(c) Access to this $25,000.00 of Pueblo ARPA funding would enable the
Collaborative Management Program to help economically-impacted
homeless students and families access permanent housing, which is a
current "gap" in service caused by the change to the D60 ARP-HCY I grant.
The CMP has seen an almost tripled increase in referred families looking
for help over the past several years, coinciding with the economic impact
caused by the COVID pandemic. Stable housing leads to better outcomes,
including increased school attendance, increased academic achievement,
better management of mental health symptoms, fewer entries into the child-
welfare system, and lower criminal-justice involvement. Additionally, while
the ARP-HCY I grant was limited to students and families enrolled in a
District 60 school, the Pueblo ARPA funding would be open to all students
and families who reside in Pueblo County, regardless of school district.
2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required
to provide the City with a federal SAM Unique Entity ID.
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(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).
(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.
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.
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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 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.
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(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 Effective Date set forth above to
December 31, 2024 unless sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above
to December 31, 2024 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 either Party for
convenience upon ten (10) days written notice to the non-terminating Party,
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.
Upon request, 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.
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
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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 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.
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.
(b) During the term of the Project, Subrecipient shall maintain 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
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("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.
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. Neither Party hereto waives or intends 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.
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
9
hereof.
24. NO MONETARY DAMAGES. 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. The City waives and discharges County, 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
S-7 By: 4106,6X/
� �
City Cler Nicholas A Gra Isar, Mayor
[S E A L]
Subrecipient:
PUEBLO COUNTY, COLORADO as
fiscal agent of the County House Bill 04-
1451 Collaborative Management
Program
By:
Sabina Genesio, ounty Manager
10
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:
The Pueblo County Department of Human Services shall be the fiscal agent for the
Collaborative Management Program (CMP) and handle all of the assistance check
requests. The CMP staff shall receive referrals from the schools (or other collaborative
partners), then speak with the family to get the required information (landlord name /
contact number, property management company, etc.). CMP shall then obtain a signed
W-9 form from the landlord and cross-check the property address with the Pueblo County
Assessor website to verify that the landlord is the legal owner of the property. CMP shall
then submit a check request for the rental deposit and /or first month's rent, which Pueblo
County DHS shall then process within 2-3 business days. The check shall then be
submitted to the landlord based on their preference (in-person, via mail, given to the client
/ tenant for them to submit, etc.).
The CMP shall measure school-attendance and academic-achievement outcomes,
measured from the date of the initial contact through case-closure (which typically shall
occur at one calendar year). Additionally, for youth and families who are also involved
with the Department of Human Services through an active child-welfare case, CMP shall
collect data regarding the percentage of families with no further substantiated abuse or
neglect and also collect such data (via a cross-check of CMP client lists with DHS Child
Welfare lists) at one-year post-services. These outcome measurements shall be
submitted to the Colorado Department of Human Services (CDHS) annually in July via
an Annual Report. These measurements shall be used as part of calculating Pueblo
11
County's payout from the Earned Incentive Fund, which CDHS maintains with funds
collected through Colorado civil court fees and additional allocations (if any) from the
Colorado State Legislature. Payouts shall be deposited with Pueblo County's human
services department in October of each year.
C. Budget $25,000.
12
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 Agreement contractors of the
Subrecipient. The subrecipient is further cautioned against obligating funds beyond the Agreement
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.)
13
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 VIl of the Civil Rights Act of 1964(Pub. L. 88-352; 42 U.S.C. 2000d, et sem.)
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;
14
(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)]) 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 (0 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)];
(l8) 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
15
(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, 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 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.
16
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, Agreement employee, consultant, independent Agreement or, or
through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore, as a condition of Agreement ing 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
Agreement or, 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 Agreement
or 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 Agreement or other
arrangement for services between you and the City of Pueblo.
17
Signed , 20
By:
Name:
Title:
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person
who is the named beneficiary or co-beneficiary on the PERA account of the PERA Retiree; (2)
any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings, children, and grandchildren; (3) any person who is a relative of the PERA
Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren,
stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has
an agreement to share or otherwise profit from the performance of services for the City of Pueblo
by the PERA Retiree other than the PERA Retiree's regular salary or compensation.
18
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 County Government
Authorized Signature: CdAl c)<041.4.2.1- Title: Controller
Printed Name: Carl Sanders Date: 01/18/2023