HomeMy WebLinkAbout10385ORDINANCE NO. 10385
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE PUEBLO ZOOLOGICAL SOCIETY,
D/B/A THE PUEBLO ZOO, 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
ONE HUNDRED TWO THOUSAND ONE HUNDRED SIXTY-
NINE DOLLARS ($102,169) 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; 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,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) dated February 27, 2023, between the City
of Pueblo, a Colorado municipal corporation and the Pueblo Zoological Society d/b/a the Pueblo
Zoo, a Colorado nonprofit corporation, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $102,169 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, to first, expand Broadband services by “the installation of
fiber-optic infrastructure” and second, “investing in technology and equipment to allow law
enforcement to more efficiently and effectively respond to the rise of gun violence resulting from
the pandemic.
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 February 13, 2023 .
Final adoption of Ordinance by City Council on February 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 28, 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
Deputy City Clerk
City Clerk's Office Item # R1
Background Paper for Proposed
Ordinance
February 13, 2023
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 ZOOLOGICAL SOCIETY, D/B/A THE PUEBLO ZOO, 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 ONE HUNDRED TWO THOUSAND ONE HUNDRED
SIXTY-NINE DOLLARS ($102,169) 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 Zoological Society d/b/a the Pueblo Zoo, a Colorado nonprofit
corporation (“Zoo”) to first, expand Broadband services by “the installation of fiber-optic
infrastructure” and second, “investing in technology and equipment to allow law
enforcement to more efficiently and effectively respond to the rise of gun violence
resulting from the pandemic.” (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 $102,169 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:
With increased safety concerns due to human caused risks (i.e. active shooter,
vandalism, perimeter breeches) and natural caused risks (i.e. wildfires, etc.) safety is an
urgent priority concern for the Zoo. Currently, there are no security cameras or security
personnel on the Zoo’s premises. The Zoo cannot sustain full time security personnel to
monitor cameras, so the Zoo has explored incident activated monitoring systems which
will alert staff of any active shooter threats and unusual activities and will also record
such activities for law enforcement purposes. Installing broadband will make the
consideration of these systems feasible where they were not before.
In addition, based on recommendations from the Pueblo Police Department, the Zoo
needs to install access monitoring systems to protect its staff and the public. The Zoo
staff are extremely vulnerable in a busy public venue with no access security.
Additionally, in the case of staff turnover and/or a potentially disgruntled former
employee, the Zoo needs to have the ability to change access without the expense and
hassle of re-keying the entire zoo. Lastly, the primary gate to the Zoo’s service
compound which is along the heavily trafficked City Park loop is completely unsecure
during open hours due to the need for access by vendors, staff, contractors, utilities and
waste management workers, etc. This presents a significant risk and Subrecipient is
looking to replace the gate with an automatic gate, access system and camera
monitoring.
FINANCIAL IMPLICATIONS:
The Pueblo Zoo will receive $102,169 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 Pueblo Zoo’s broadband and security
proposal.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. ARPA 14 - Pueblo Zoo - Sub Agreet
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 27th
day of February, 2023 (hereinafter "Effective Date") by and between the City of Pueblo, a
Colorado municipal corporation, hereinafter referred to as the "City" and the Pueblo Zoological
Society, d/b/a the Pueblo Zoo, a Colorado nonprofit corporation, hereinafter referred to as the
"Subrecipient" or "Zoo." City and Subrecipient/Zoo 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 CLFRF Funds (pursuant to U.S.
Treasury Final Rule 31 CFR 35.6)first, to expand Broadband services by "the installation of fiber-
optic infrastructure" (page 294) and second, "investing in technology and equipment to allow law
enforcement to more efficiently and effectively respond to the rise of gun violence resulting from
the pandemic" (page 72) (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
1
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
With increased safety concerns due to human caused risks (i.e. active shooter, vandalism,
perimeter breeches) and natural caused risks (i.e. wildfires, etc.) safety is an urgent priority
concern for the Zoo. Currently, there are no security cameras or security personnel on
Subrecipient's premises. The Zoo cannot sustain full time security personnel to monitor cameras
so the Subrecipient has explored incident activated monitoring systems which will alert staff of
any active shooter threats and unusual activities and will also record such activities for law
enforcement purposes. Installing broadband will make the consideration of these systems feasible
where they were not before.
In addition, based on recommendations from the Pueblo Police Department, Subrecipient needs
to install access monitoring systems to protect staff and the public. Staff are extremely vulnerable
in a busy public venue with no access to security. Additionally, in the case of staff turnover and/or
a potentially disgruntled former employee, Subrecipient needs to have the ability to change
access without the expense and hassle of re-keying the entire zoo. Lastly, the primary gate to
Subrecipient's service compound which is along the heavily trafficked City Park loop is completely
unsecure during open hours due to the need for access by vendors, staff, contractors, utilities and
waste management workers, etc. This presents a significant risk and Subrecipient is looking to
replace the gate with an automatic gate, access system and camera monitoring.
2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required to
provide the City with the following information and documentation:
1. Federal SAM Unique Entity ID;
2. IRS designation as a 501(c)(3) nonprofit entity;
3. 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
2
Part 35 and those identified in Exhibit"C" hereto; and (iii)that it is accepting federal
financial assistance hereunder subject to certain mandatory repayment provisions.
(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 Mayor shall be deemed as City's authorized representative.
4. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
(a) The City will pay to Subrecipient an amount up to that specified in subparagraph
(c) of this paragraph as full compensation for all services and work to be performed
or undertaken by Subrecipient under this Agreement. Payment of funds to
Subrecipient is subject to all of the following requirements, which shall be
conditions precedent to payment: (i) that Subrecipient has expended funds for
eligible approved expenditures, (ii) that Subrecipient is not in default of any
material provision of this Agreement nor applicable law or regulation, (iii) that
Subrecipient has timely submitted requests for payment or reimbursement
detailing the eligible payment or reimbursement items in a format approved by City,
(iv) that Subrecipient has certified with each payment or reimbursement request
compliance with the requirements identified in Exhibit "C" and that all expenditures
for which reimbursement is sought were made for and in furtherance of the
approved Project and are an eligible use of federal assistance under ARPA and
federal regulations.
(b) Payment hereunder is also subject to and may only be disbursed in accordance
with applicable Federal regulations including but not limited to those at 31 CFR
Part 35, as presently promulgated and as same may be revised from time to time
3
in the future, all other terms of this Agreement, and any special provisions in the
Scope of Services. All payments received by Subrecipient hereunder are subject
to repayment by Subrecipient as provided in 31 CFR Part 35.
(c) The aggregate of all payments made hereunder shall not exceed One Hundred
Two Thousand One Hundred Sixty-Nine Dollars (U.S. $102,169.00). City shall
make said funds available to Subrecipient within thirty (30) days following approval
of this Agreement by the City Council of the City of Pueblo and execution of this
Agreement by the Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and provided
to the recipient a unique entity identifier. Subrecipients are not required to
complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on hand
at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from 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 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
4
the sole and separate property of the City and the Subrecipient shall perform all
acts and execute all instruments necessary to transfer and assign such funds to
the City. All finished or unfinished documents, data, studies, reports, and work
product prepared by the Subrecipient under this Agreement or with grant funds
shall, at the option of the City, become City's property.
7. ASSIGNABILITY
This Agreement shall not be assigned or transferred by the Subrecipient without the prior written
consent of the City. Any assignment or attempted assignment made in violation of this provision
shall, at City's election, be deemed void and of no effect whatsoever.
8. CONFLICT OF INTEREST
The Subrecipient certifies and warrants that neither it nor any members of its Board of Directors,
officers or employees has or will derive any personal or financial interest or benefit from the activity
or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract
or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for
those with whom they have family or business ties, during their tenure and for one year thereafter.
Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal
regulations including but not limited to those set forth in 31 CFR Part 35 as presently promulgated
and as same may be revised from time to time in the future.
9. SUBRECIPIENT RECORDS
Subrecipient shall maintain records as to all services provided, reimbursable expenses incurred
in performing the Scope of Services and complete accounting records. Accounting records shall
be kept on a generally recognized accounting basis and as requested by the City's auditor. The
Subrecipient agrees to comply with all applicable uniform administrative requirements described
or referenced in 31 CFR 35. The Compliance Provisions attached as Exhibit"B" hereto are made
a part of this Agreement and Subrecipient agrees to perform and comply with same. The City,
Comptroller General of the United States, the Inspector General of the U.S. Treasury and any of
their authorized representatives, shall have the right to inspect and copy, during reasonable
business hours, all books, documents, papers and records of the Subrecipient which relate to this
Agreement for making an audit or examination. Upon completion of the work and end of the term
of this Agreement, the City may require copies of all Subrecipient's financial records relating to
this Agreement to be turned over to City.
10. MONITORING AND EVALUATION
The City shall have the right to monitor and evaluate the progress and performance of the
Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in
accordance with City's and other applicable monitoring and evaluation criteria and standards.
The City shall at least quarterly review the Subrecipient's performance using on-site visits,
progress reports required to be submitted by the Subrecipient, audit findings, disbursements
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.
11. SUBRECIPIENT FILES AND INFORMATION REPORTS
5
The Subrecipient shall maintain files containing information which shall clearly document all
activities performed in conjunction with this Agreement, including, but not limited to, financial
transactions, conformance with assurances and activity reports. These records shall be retained
by the Subrecipient for a period of three years after the completion of the Project. Financial and
activity reports shall be submitted quarterly no later than the ninth day of the month following the
end of the quarter for which the report is submitted.
12. INDEPENDENCE OF SUBRECIPIENT
Nothing herein contained nor the relationship of Subrecipient to City, which relationship is
expressly declared to be that of an independent 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. 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.
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.
6
16. PERA LIABILITY
The Subrecipient shall reimburse the City for the full amount of any employer contribution required
to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for
salary or other compensation paid to a PERA retiree performing 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. The City does not waive or intend to waive, by any provisions
of this Agreement, the monetary limitations or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise
available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other third party. It is the express intention
of the Parties that any person other than the Parties receiving services or benefits under the
Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable
attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such
litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party
submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent
permitted by law, the Parties hereby waive their right to a trial by jury.
21. SEVERABILITY. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless
remain in full force and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate
as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
7
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts and
each such counterpart shall be deemed for all purposes to be an original and all such counterparts
shall together constitute but one and the same original.
26. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient represent
and warrant that such persons and Subrecipient have the requisite power and authority to enter,
execute and deliver this Agreement and that this Agreement is a valid and legally binding
obligation of Subrecipient enforceable against Subrecipient in accordance with its terms.
IN WITNESS, WHEREOF, the Subrecipient and the City have executed this Agreement
as of the date first above written and under the laws of the State of Colorado.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL CORPORATION
— By /(4tRate,
Dop(11 City Clerk Nicholas A Gradisar, Mayor
THE PUEBLO ZOOLOGICAL SOCIETY d/b/a THE PUEBLO ZOO
A COLORADO NONPROFIT CORPORATION
By: )c& AtRt vOM
Name: ik
��C��I `FC�Use
Title: Exec. I.e �. 1Pr r
8
EXHIBIT A
SCOPE OF SERVICES
Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the Subrecipient and the City.
A. Performance Monitoring:
The City will monitor the performance of the Subrecipient according to the Principal Tasks and
Budget set forth herein. Substandard performance shall mean non-compliance with this
Agreement. If actions to correct such substandard performance are not taken by the Subrecipient
within a reasonable period of time after being so notified by the City, contract suspension or
termination procedures may be initiated, in the sole discretion of the City.
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:
Subrecipient shall use CLFRF Funds first, to expand Broadband services by "the installation of
fiber-optic infrastructure" and second, "investing in technology and equipment to allow law
enforcement to more efficiently and effectively respond to the rise of gun violence resulting from
the pandemic."
C. Budget $102,169.00
ARPA- Broadband/Security Subtotals TOTAL
Broadband
Fiber through conduits from Admin to
WOC to IOL $ 13,980
Boring of Fiber&Speaker wire from
EcoCenter to Mandari $ 5,680
Lay Lines- Build Infrastructure: World of
Color& Islands of Life $ 2,550
Expand broadband to NW corner of zoo $ 15,000
Broadband subtotal $ 37,210
Security Equipment& Monitoring
programs
Cameras&other hardware $ 27,178
Licensing—5 years $ 22,781
$ 49,959
9
Security gate $ 15,000
Security subtotal $ 64,959
TOTAL $ 102,169
EXHIBIT C
10
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with
all applicable municipal, state and federal statutes and regulations, including but not limited to the
following:
Municipal and State
(1) The Charter, Municipal Code and the Rules and Regulations of the City of'Pueblo, including
but not limited to,the legal obligation to obtain all required licenses and permits from the City of Pueblo.
(2) The Constitution, Colorado Revised Statutes and the Rules and Regulations of the State of
Colorado, including, but not limited to, the legal obligation to obtain all required licenses and permits from
the State of Colorado.
Federal
(1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and
implementing regulations issued at 24 CFR Part l;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as
amended; and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended: and
the regulations issued pursuant thereto:
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect:
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
11
(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 (t) 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)1;
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106(16 U.S.C. 4700; and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5). the Copeland Act(29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this 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,
12
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.
EXHIBIT D
13
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 this
Agreement 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 X .
b) If you answered"yes"to(a)above, please answer the following question: Are you an individual,
sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree
or an affiliated party? Yes , No
If you answered "yes" please state which of the above entities best describes your business:
c) If you answered "yes" to both (a) and (b), please provide the name, address and social security
number of each such PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being
denied the privilege or doing business with the City of Pueblo.
If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer
contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to
you as a PERA Retiree or paid to any employee or independent 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.
�
Signed \ '1C,,r"C �. h , 202 3
By: i'6 V LeUto.k
Name: A41 f VIZ)z�S
Title: C,x�%(JC(��e v e ,��1 1 f'
14
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the
named beneficiary or co-beneficiary on the PERA account of the PERA Retiree; (2) any person who is a
relative of the PERA Retiree by blood or adoption to and including parents, siblings, half-siblings,children,
and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including
spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person
or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance
of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
15