HomeMy WebLinkAbout10403ORDINANCE NO. 10403
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE SANGRE DE CRISTO ARTS AND
CONFERENCE CENTER, INC., A COLORADO NONPROFIT
CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE
AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL
RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF
FIFTY THOUSAND DOLLARS ($50,000) 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 February 27, 2023, between the City
of Pueblo, a Colorado municipal corporation and the Sangre De Cristo Arts and Conference
Center, Inc., a Colorado nonprofit corporation (“Arts Center”), 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 $50,000 are hereby authorized to be paid to the Arts Center from
Project No. CI2113 – American Rescue Plan Act, for purposes of enrolling low-income students
in its School of Dance.
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 # T2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 27, 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 THE
SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., A
COLORADO NONPROFIT CORPORATION, AS AUTHORIZED BY
SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S.
TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE
PAYMENT OF FIFTY THOUSAND DOLLARS ($50,000) FROM
PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR
PURPOSES THEREOF
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement
with the Sangre De Cristo Arts and Conference Center (hereinafter “Subrecipient” or
“Arts Center”) to enroll low-income students in its School of Dance (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 $50,000 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:
Over the course of the public health emergency, the Subrecipient’s School of Dance
saw many children limit their involvement in dance or withdraw altogether from the
dance program. The incidence of withdrawal was much higher among the families who
were more at risk or had fewer financial resources. The Arts Center is also aware that
there are many students in the community who may wish to study dance but do not
have the financial means, or do not know they have access to training at the School of
Dance.
Many studies have shown that children from lower socioeconomic backgrounds who
have arts as part of their education fared better than their counterparts who have no
access to arts education. The students with arts in their lives perform better
academically, have better social skills, and better mental health. Additionally, these
students are more likely to pursue higher education and careers with higher salaries.
Subrecipient’s School of Dance saw many of its at-risk students fare worse than their
more privileged counterparts during the pandemic. During the time that the Arts Center
was unable to teach in person, it offered Zoom classes to help its students continue to
connect with each other and with the art form that they love, but many families reported
that they could not continue classes in this way due to lack of technology and/or space
at home to dance. Even after Subrecipient returned to in-person classes, many
students cut back on their participation or dropped out completely for lack of
transportation or because their families had fewer resources and less extended family
support than was needed to keep the children involved in dance.
Some of Subrecipient’s former students have returned to the School of Dance, but it is
believed there is a large population of children who have never had the opportunity to
dance and who would benefit from it greatly. Low-income students may never have
attempted to join a dance program because they did not believe they could afford it, or
they did not think they would "fit in."
Arts education has been shown to bolster academic achievement, social engagement
and mental well-being in students of low socioeconomic status with access to arts
education, as compared to the same socioeconomic status without access to the arts.
(National Endowment for the Arts, 2012) The Pueblo non-profit "One Community"
Strategic Prevention Framework evaluation team ranked expanded after-school
programming in the top five strategies to improve child wellbeing both in terms of
importance and "winnability". (SPF-PFS Pueblo Evaluation Team, 2016). Subrecipient
intends to use ARPA funds to positively engage elementary school children from
economically distressed neighborhoods to provide much needed free extracurricular
activities. This is one way the Arts Center School of Dance can help meet the needs of
communities of color who were disproportionately impacted by the COVID-19
pandemic.
The Arts Center School of Dance is requesting $50,000 to fund an outreach and
enrollment strategy to introduce 8–10-year-old economically disadvantaged children to
dance. Subrecipient’s five-phase outreach program consists of visits to schools and
community centers, exploratory classes and performances, and an eight-week
introductory class series that would include the opportunity to participate in the
Nutcracker and subsequently a path to sustained study in the School of Dance.
FINANCIAL IMPLICATIONS:
The Arts Center will receive $50,000 in ARPA funds from Project No.CI2113.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to support the Arts Center’s School of Dance program for
low-income students.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. ARPA - Subrecipient Agreement between City and Sangre de Cristo Arts Center
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 Sangre De Cristo
Arts and Conference Center, Inc., a Colorado nonprofit corporation, hereinafter referred to as
the "Subrecipient" or "Arts Center." City and Subrecipient/Arts Center 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. C12113 and budgeted and appropriated up to $36.7 million in funds which
were expected to be distributed to the City from ARPA for covered costs and eligible expenses to
be incurred during the period which began on March 3, 2021 until December 31, 2024 (to be
expended by December 31, 2026); and
WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations
("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds ("CLFRF") to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are
responding to the negative economic impacts of the COVID-19 public health emergency; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to enroll low-
income students in its School of Dance (hereinafter"Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 to the Subrecipient
to administer the Project and perform certain services in connection therewith as set forth in this
Agreement and in the Scope of Services attached hereto; and
WHEREAS, Subrecipient has represented to the City that is duly qualified, eligible and
willing to undertake the Project and provide the services identified herein and in the Scope of
Services attached hereto.
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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) Over the course of the public health emergency, the Subrecipient's School of
Dance saw many children limit their involvement in dance or withdraw
altogether from the dance program. The incidence of withdrawal was much
higher among the families who were more at risk or had fewer financial
resources. The Arts Center is also aware that there are many students in the
community who may wish to study dance but do not have the financial means,
or do not know they have access to training at the School of Dance.
(b) Many studies have shown that children from lower socioeconomic
backgrounds who have arts as part of their education fared better than their
counterparts who have no access to arts education. The students with arts in
their lives perform better academically, have better social skills, and better
mental health. Additionally, these students are more likely to pursue higher
education and careers with higher salaries.
(c) Subrecipient's School of Dance saw many of its at-risk students fare worse
than their more privileged counterparts during the pandemic. During the time
that the Arts Center was unable to teach in person, it offered Zoom classes to
help its students continue to connect with each other and with the art form that
they love, but many families reported that they could not continue classes in
this way due to lack of technology and/or space at home to dance. Even after
Subrecipient returned to in-person classes, many students cut back on their
participation or dropped out completely for lack of transportation or because
their families had fewer resources and less extended family support than was
needed to keep the children involved in dance.
(d) Some of Subrecipient's former students have returned to the School of Dance,
but it is believed there is a large population of children who have never had the
opportunity to dance and who would benefit from it greatly. Low-income
students may never have attempted to join a dance program because they did
not believe they could afford it, or they did not think they would "fit in."
(e) Arts education has been shown to bolster academic achievement, social
engagement and mental well-being in students of low socioeconomic status
with access to arts education, as compared to the same socioeconomic status
without access to the arts. (National Endowment for the Arts, 2012) The Pueblo
non-profit "One Community" Strategic Prevention Framework evaluation team
ranked expanded after-school programming in the top five strategies to
improve child well-being both in terms of importance and "winnability". (SPF-
PFS Pueblo Evaluation Team, 2016). Subrecipient intends to use ARPA funds
to positively engage elementary school children from economically distressed
neighborhoods to provide much needed free extracurricular activities. This is
one way the Arts Center School of Dance can help meet the needs of
communities of color who were disproportionately impacted by the COVID-19
pandemic.
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(f) The Arts Center School of Dance is requesting $50,000 to fund an outreach
and enrollment strategy to introduce 8-10-year-old economically
disadvantaged children to dance. Subrecipient's five-phase outreach program
consists of visits to schools and community centers, exploratory classes and
performances, and an eight-week introductory class series that would include
the opportunity to participate in the Nutcracker and subsequently a path to
sustained study in the School of Dance.
2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required to
provide the City with the following information and documentation:
1. Federal SAM Unique Entity ID;
2. City Sales Tax License;
3. State Sales Tax License;
4. IRS designation as a 501(c)(3) nonprofit entity; and
5. Certificate of Good Standing from the Office of the Secretary of State.
(b) Subrecipient agrees to satisfactorily perform and complete all services and
items of work, and furnish all labor and materials encompassed within or
reasonably necessary to accomplish the tasks and functions described in the
Scope of Services attached hereto as Exhibit "A" and incorporated herein by
reference, in full compliance with all provisions of this Agreement.
(c) Subrecipient warrants and represents that it: (i) has the requisite authority and
capacity to perform all terms and conditions on Subrecipient's part to be
performed hereunder; (ii) that it is fully aware of and understands its duty to
perform all functions and services in accordance with the regulatory
requirements of 31 CFR Part 35 and those identified in Exhibit "C" hereto; and
(iii) that it is accepting federal financial assistance hereunder subject to certain
mandatory repayment provisions.
(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.
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(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 the City's authorized
representative.
4. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
(a) The City will pay to Subrecipient an amount up to that specified in
subparagraph (c) of this paragraph as full compensation for all services and
work to be performed or undertaken by Subrecipient under this Agreement.
Payment of funds to Subrecipient is subject to all of the following requirements,
which shall be conditions precedent to payment: (i) that Subrecipient has
expended funds for eligible approved expenditures, (ii) that Subrecipient is not
in default of any material provision of this Agreement nor applicable law or
regulation, (iii) that Subrecipient has timely submitted requests for payment or
reimbursement detailing the eligible payment or reimbursement items in a
format approved by City, (iv) that Subrecipient has certified with each payment
or reimbursement request compliance with the requirements identified in
Exhibit "C" and that all expenditures for which reimbursement is sought were
made for and in furtherance of the approved Project and are an eligible use of
federal assistance under ARPA and federal regulations.
(b) Payment hereunder is also subject to and may only be disbursed in accordance
with applicable Federal regulations including but not limited to those at 31 CFR
Part 35, as presently promulgated and as same may be revised from time to
time in the future, all other terms of this Agreement, and any special provisions
in the Scope of Services. All payments received by Subrecipient hereunder
are subject to repayment by Subrecipient as provided in 31 CFR Part 35.
(c) The aggregate of all payments made hereunder shall not exceed Fifty Thousand
Dollars (U.S. $50,000.00). City shall make payments to Subrecipient according to
the following schedule:
Date Description Amount
03-15-23 Initial payment $ 12,500.00
07-15-23 Second payment (contingent on receipt of quarterly 12,500.00
report covering 02/27/23 to 06/30/23)
10-15-23 Third payment (contingent on receipt of quarterly report 12,500.00
for the preceding quarter)
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01-15-24 Final payment (contingent on receipt of quarterly report 12,500.00
for the preceding quarter)
Total $ 50,000.00
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on
hand at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from Effective Date set forth above to
December 31, 2025 unless sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31 , 2025 unless sooner terminated as herein provided.
6. TERMINATION OF AGREEMENT
(a) For Cause: This Agreement may be terminated by City for cause, including
any nonperformance by the Subrecipient, upon ten (10) days written notice to
Subrecipient including a statement of the reasons therefore, and after an
opportunity for a hearing has been afforded. If a hearing is requested, it shall
be held before the City's Mayor whose decision shall be final. The
determination of the City as to the cause of termination and the
appropriateness thereof shall be final and binding upon both City and
Subrecipient. Cause for termination shall include any material failure by
Subrecipient to comply with any term of this Agreement.
(b) For Convenience: This Agreement may be terminated by City for convenience
upon ten (10) days written notice to Subrecipient, which decision shall not be
subject to appeal.
(c) Post Expiration and Termination Procedures: Upon expiration or in the event
of a prior termination, all remaining and unspent grant funds, shall immediately
become the sole and separate property of the City and the Subrecipient shall
perform all acts and execute all instruments necessary to transfer and assign
such funds to the City. All finished or unfinished documents, data, studies,
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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.
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11. SUBRECIPIENT FILES AND INFORMATION REPORTS
The Subrecipient shall maintain files containing information which shall clearly document all
activities performed in conjunction with this Agreement, including, but not limited to, financial
transactions, conformance with assurances and activity reports. These records shall be
retained by the Subrecipient for a period of three years after the completion of the Project.
Financial and activity reports shall be submitted quarterly no later than the ninth day of the
month following the end of the quarter for which the report is submitted.
12. INDEPENDENCE OF SUBRECIPIENT
Nothing herein contained nor the relationship of Subrecipient to City, which relationship is
expressly declared to be that of an independent 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
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of any repayment obligation, City shall be entitled to recover its costs and
expenses, including reasonable attorney's fees.
16. PERA LIABILITY
The Subrecipient shall reimburse the City for the full amount of any employer contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association
("PERA") for salary or other compensation paid to a PERA retiree performing 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.
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23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not
operate as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
26. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient
represent and warrant that such persons and Subrecipient have the requisite power and
authority to enter, execute and deliver this Agreement and that this Agreement is a valid and
legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with
its terms.
IN WITNESS, WHEREOF, the Subrecipient and the City have executed this
Agreement as of the date first above written and under the laws of the State of Colorado.
CITY OF PUEBLO
A COLORADO MUNICIPAL CORPORATION
By
City Clerk Nicholas A Gra Isar, Mayor
[S E A L]
SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC.
A COLORADO NONPROFIT CORPORATION
By: IA
Name: A ^c.) �Q w � SA_.„ e e z_
Title: w^1-e r' Ce:)
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EXHIBIT A
SCOPE OF SERVICES
Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the Subrecipient and the City.
A. Performance Monitoring:
The City will monitor the performance of the Subrecipient according to the Principal Tasks and
Budget set forth herein. Substandard performance shall mean non-compliance with this
Agreement. If actions to correct such substandard performance are not taken by the Subrecipient
within a reasonable period of time after being so notified by the City, contract suspension or
termination procedures may be initiated, in the sole discretion of the City.
SUBRECIPIENT'S SCOPE OF SERVICES
B. Principal Tasks
The Subrecipient will be responsible for administering the Project. The Subrecipient will
administer all tasks encompassed in the aforesaid Project in compliance with all applicable
federal, state and local rules and regulations governing the Project, in a manner satisfactory to
the City.
The components of the Subrecipient's work plan under this Agreement shall be as follows:
Project Description
1. Goals: To give more of Pueblo's youth the gift of dance in their life.
Objective: To introduce dance to children in underserved populations in Pueblo through
outreach, and to offer a specific path to integration into the dance program through a
special introductory class.
2. Methods:
The Project is to be implemented as follows:
Phase 1 - Spring 2023
Four dancers from Evolve Dance Project, the Arts Center's emerging professional
contemporary dance company, will tour local schools and community centers with an
interactive program for young students. The program will consist of a short
performance followed by improvisational exercises, a warmup routine, and a
choreography exercise for the students. The improvisation and choreography
exercises will be based on student input. During the summer, students from
community centers will be invited to a performance and backstage tour at Sangre de
Cristo Arts Center.
Phase 2 - Fall 2023
Subrecipient will offer Introduction to Ballet for up to 30 students from the community
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on scholarship. These students will also be invited to participate in The Nutcracker
Ballet and will rehearse after their weekly class. These classes will be taught by Mr.
Lawrence Atencio, who conducted his own ballet program for youth from Pueblo's
East Side.
Phase 3- Spring 2024
Fall 2023 students will be invited to continue their studies in Ballet 1 on scholarship
and will participate in a spring recital. Evolve Dance project dancers will resume
school and community center outreach programming with refinements from the Spring
2023 tour experience and outcomes-based evaluations received from participants.
Phase 4 - Fall 2024
A new class of students will be invited to the Introduction to Ballet class and
Nutcracker. Some previous year's participants will perform for the new class of
participants and be available to answer questions.
Phase 5 - Spring 2025
Ongoing studies for the Fall 2024 students. An audition process and scholarship fund
will be established for ongoing programming beyond the Spring of 2025. Arts Center
individual donors have been funding scholarship opportunities for students for many
years.
3. Full Tuition Scholarships:
Students residing in households which qualify for assistance under the following programs
shall participate in the Subrecipient's School of Dance programs at no cost to the students
or their families:
• Temporary Assistance for Needy Families (42 U.S.C. 601 et seq.)
• Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et seq.)
• Free and Reduced School Lunch and/or Breakfast programs (42 U.S.C. 1751 et
seq. and 42 U.S.C. 1773)
• Medicare Part D Low-Income Subsidies (42 U.S.C. 1395 w— 114)
• Supplemental Security Income (42 U.S.C. 1381 et seq.)
• Head Start (42 U.S.C. 9831 et seq.)
• Early Head Start (42 U.S.C. 9831 et seq.)
• Special Supplemental Nutrition Program for Women, Infants and Children (42
U.S.C. 1786)
• Section 8 Vouchers (42 U.S.C. 1437 f)
• Low-Income Home Energy Assistance Program (42 U.S.C. 8621 et seq.)
• Pell Grants (20 U.S.C. 1070 a)
C. Budget $50,000.00
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EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
I. An accounting system using the accrual basis of generally accepted accounting principles which
accurately reflects all costs chargeable (paid and unpaid) to the Project is mandatory. A receipts and
disbursements ledger must be maintained. A general ledger with an income and expense account for each
budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary.
Similarly,cash receipts for the payment of wages is mandatory. Paid invoices revealing check number,date
paid and evidence of goods or services received are to be filed per the expense account they were charged.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of
the Project as determined by the City. All costs must be budgeted items. Request for advance or
reimbursements of expenses must be accompanied by:
I. Original invoice marked with funding source
2. Detailed listing of each expense showing:
a) recipient
b) brief description of purchase
c) amount with method of computation detailed
Cost Summary must be submitted quarterly to reflect entries through the closing date for the books(indicate
Closing Date on Cost Summary).
4. The City shall not be obligated to any third party 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.)
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EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with
all applicable municipal, state and federal statutes and regulations, including but not limited to the
following:
Municipal and State
(1) The Charter, Municipal Code and the Rules and Regulations of the City of Pueblo, including
but not limited to, the legal obligation to obtain all required licenses and permits from the City of Pueblo.
(2) The Constitution, Colorado Revised Statutes and the Rules and Regulations of the State of
Colorado, including, but not limited to,the legal obligation to obtain all required licenses and permits from
the State of Colorado.
Federal
(I) Title VII 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 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;
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(I 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-IO2, 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) 142 U.S.C. 7506(c)and (d)])and the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.), as
amended. Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA);
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349)
as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e)):
(15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.)as amended; including but
not limited to section 7 (16 U.S.C. 1536)thereof;
(16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16
U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974;
(17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly
sections 102(a)and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]:
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106(16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5), the Copeland Act(29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this 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,
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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.
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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 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
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.
renC e_ A fe r CtC7
Name Name
3 6r- A-1-1Z PL 1010 CO (00I
AddressS2 Address
%/ 5 6. q 1 r3
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 M crch 7 .20 03 .
By:
I-
Name: n r4e Z
Title: �n ?t r'i nt CEO
For purposes of responding to question(b)above,an-affiliated party-includes(I)any person who is the named beneficiary or co-beneficiary on
the PERA account of the PERA Retiree; (2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings, children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren.stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an
agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
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