HomeMy WebLinkAbout10498ORDINANCE NO. 10498
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE SOUTHERN COLORADO HARM
REDUCTION ASSOCIATION, 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
NINE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
($975,000) 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; 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 July 10, 2023, between the City of
Pueblo, a Colorado municipal corporation and the Southern Colorado Harm Reduction
Association, 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 $975,000 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, for purposes of rehabilitating 219 W. Northern Ave.,
Pueblo, CO 81004 for use as a behavioral health and community center.
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 June 26, 2023.
Final adoption of Ordinance by City Council on July 10, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on _July 12, 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
_____________________
Acting City Clerk
City Clerk's Office Item # R2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 10, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Laura Solano, Chief of Staff
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE
SOUTHERN COLORADO HARM REDUCTION ASSOCIATION, 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 NINE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS ($975,000) 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 Southern Colorado Harm Reduction Association, a Colorado nonprofit
corporation (“SCHRA”) to rehabilitate 219 W. Northern Ave., Pueblo, CO 81004 (the
“Premises”) for use as a behavioral health and wellness center (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 $975,000 will be paid out of
Project No. CI2113, the American Rescue Plan Act. The use of said funds shall be
limited to expenditures to offset the costs for the rehabilitation, construction,
development, engineering and architectural work for the Premises to operate as a
behavioral health and community center.
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:
219 W. Northern Ave., Pueblo, CO 81004 is located in a Qualified Census Tract (QCT”)
in the City’s Bessemer neighborhood. The building located on the Premises is currently
vacant and abandoned and requires significant rehabilitation. Pursuant to U.S. Treasury
ARPA Final Rule p. 134, ARPA funds may be spent to pay for “rehabilitation,
renovation, maintenance, or costs to secure vacant or abandoned properties to reduce
their negative impact.”
The work of revitalizing 219 W. Northern Ave. shall proceed as follows:
Phase I. Property renovation. Includes entire flooring repair, electrical and
plumbing installation, roof repair, window replacements, installation of
refrigeration system, commercial kitchen set up, security systems, heating and
cooling systems repair. Purchase of the insurance needed for the facility.
Phase II. Purchase technology, food storage systems, academic resources.
Contract and lease spaces to other organizations.
Phase III. Open facility with a minimum of 8 services, programs and classes with
food access for the Bessemer community.
Client data shall be collected by all participating organizations in the Unite Us platform.
The community center shall operate as a health, wellness, education, resource, and
cultural hub for the Bessemer area with SCHRA acting as the coordinator of services
brought into the community. SCHRA shall work toward developing place-based
systems of care by leveraging partnerships to bring those systems to the Bessemer
neighborhood. General service categories include:
comprehensive supports around substance use prevention and recovery
telehealth medicine
crisis intervention
life skills and job training for youth and adults
wellness services such as yoga and meditation
social resources such as transportation, food, and a space for community
engagement
31 CFR 35.6 provides that capital expenditures has the same meaning given in 2 CFR
200.1. Under 31 CFR 35.3, capital assets means:
(1) Tangible or intangible assets used in operations having a useful life of more than
one year which are capitalized in accordance with GAAP. Capital assets include:
(i) Land, buildings (facilities), equipment, and intellectual property (including
software) whether acquired by purchase, construction, manufacture, exchange, or
through a lease accounted for as financed purchase under Government Accounting
Standards Board (GASB) standards or a finance lease under Financial Accounting
Standards Board (FASB) standards; and
(ii) Additions, improvements, modifications, replacements, rearrangements,
reinstallations, renovations or alterations to capital assets that materially increase their
value or useful life (not ordinary repairs and maintenance).
31 CFR 35.6(b)(3)(ii)(C) authorizes grants to nonprofits for construction and land
acquisition purposes. 31 C.F.R. Part 35 implements section 9901 of ARPA and its
amendments to the Social Security Act. Per 31 C.F.R. § 35.6(b)(3)(ii)(C), a recipient
may use funds to respond to the public health emergency for certain enumerated
eligible uses, including “Assistance to nonprofit organizations including programs,
services, or capital expenditures, including loans or grants to mitigate financial hardship
such as declines in revenues or increased costs, or technical assistance” (emphasis
added). The definition of capital expenditures includes construction and improvements
and land acquisition.
FINANCIAL IMPLICATIONS:
SCHRA will receive $975,000 in ARPA funds from Project No.CI2113. The grant funds
shall not be distributed in a lump sum. SCHRA shall provide the City with draw
packages for the costs and expenses to rehabilitate the Premises, including
construction materials, labor costs, payments to a general contractor and
subcontractors and all other construction-related expenses.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to support SCHRA’s proposed community center.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Subrecipient Agreement between City and SCHRA (amended and updated June
27, 2023)
(Amended Redlined)
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this
10th day of July, 2023 (hereinafter "Effective Date") by and between the City of Pueblo, a
Colorado municipal corporation, hereinafter referred to as the "City" and the Southern
Colorado Harm Reduction Association, a Colorado nonprofit corporation, hereinafter
referred to as the "Subrecipient" or "SCHRA." City and Subrecipient/SCHRA 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 thE:refrom; 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 COVI DA 9 public health emergency; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to rehabilitate
219 W. Northern Ave., Pueblo, CO 81004 for use as a behavioral health and wellness center
(hereinafter "Project"); and
WHEREAS, the City desires to disburse funds from Project No. C12113 to the
Subrecipi,ent 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.
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:
r
(a) 219 W. Northern Ave., Pueblo, CO 81004 (the "Premises") is located in a
Qualified Census Tract (QCT") in the City's Bessemer neighborhood. The
building located on the Premises is currently vacant and abandoned and
requires significant rehabilitation.
(b) Pursuant to U.S. Treasury ARPA Final Rule p. 134, ARPA funds may be spent
to pay for "rehabilitation, renovation, maintenance, or costs to secure vacant or
abandoned properties to reduce their negative impact."
(c) The pandemic has devastated an already vulnerable neighborhood in the
Bessemer area. In addition to the virus, health disparities have significantly
grown for adults and children. Problematic drug use is heavily influenced by
social issues, such as poverty, low education attainment, chronic
unemployment, homelessness, and mental and emotional responses to these
social conditions and the Covid-19 pandemic. Social and structural
determinants of health conducive to drug abuse play out in physical spaces of
neighborhoods where drug abuse and fatalities are high and where historically
oppressed people reside, specifically, people of color (POC). The drug abuse
emerging from this type of environment impacts young people at alarming
rates, leading to intergenerational health disparities. Ranking well within the top
ten states, Colorado teens are 37.4% more likely to have used drugs in the last
month than the average American teen due to poverty, unemployment,
addiction, and lack of healthcare resources.
(d) Experiences that arise from factors such as poverty, unemployment, and lack
of access to food and quality education produce intergenerational trauma that
manifests in psychological, emotional, and substance use disorders resulting
in lower life expectancy. SCHRA's vision is to change this environment using
a Harm Reduction lens which will build upon and expand its scope of work to
include a broader wellness approach. Co-founders, Judy Solano and Mike
Nerenberg, M.D. have collectively led Pueblo toward an inclusive Harm
Reduction vision, resulting in major expansion of treatment availability and
resources for recovery, wellness and functionality.
(e) Subrecipient envisions a safe, compassionate, clean environment for the
Pueblo community, restored social and professional opportunities, a thriving
space for people of color to share their culture and arts, and a life -changing
place for youth. SCHRA will scale its Harm Reduction approach to offer
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services to the entire Bessemer neighborhood with a continued focus on health
equity and racial justice. SCHRA's work will address the need for a community
voice from POC, social and health resources, convening partnerships to
develop place -based systems, and professional/economic development.
(f) SCHRA began operations in July, 2017. Subrecipient is a nonprofit in Pueblo
providing services, support, and advocacy for people experiencing life
disruptions due to substance use, mental health disorders, and incarceration.
SCHRA also provides support for clients' loved ones and the communities
affected by this epidemic.
(g) Since its creation, SCHRA has provided unique benefits to Pueblo's
marginalized communities through the following harm reduction programs:
• Free Public Health Services, HIV/Hep C Testing, Vaccinations
• Housing, food access, employment and education opportunities
• Criminal Justice involved supports
• Overdose Prevention, Naloxone and Fentanyl Testing Strips, Syringe
Service Programs
• Acudetox (Ear Acupuncture to decrease withdrawal symptoms)
• Peer Support Services to coordinate needed resources
• Direct pathways to healthcare partners, Urgent Care and MAT
• Family and youth support and education
(h) During the current fiscal year, SCHRA has provided:
+» 1,000 Pieces of cold weather supplies; coats, gloves, hats, hand
warmers, tents, sleeping bags, blankets
• 300 Hygiene kits
• 1,000 + Food packages
• 3,000 pieces of clothing from its clothing bank
• Financial assistance with utilities, hotel stays and housing rental
deposits
• 1,500 bus passes
• Naloxone kits and training to schools, businesses and health care
providers
• 3,000 Naloxone kits, 1,700 Fentanyl test strips
• Narcan kits and training to schools, businesses and health care
providers
Since 2017, 190,000 syringes disposed properly.
(i) Subrecipient has recently purchased a 14,000 sq. ft. property in the heart of
the Bessemer neighborhood located at 219 W. Northern. Avenue near 1-25.
This location will be the start of a revitalization of this once thriving community.
This location will house some of the following programs,
Life skills training for youth and re-entering citizens. Telehealth urgent
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care services
Adult education
• Coordinated Entry System Access Point and yoga, meditation for
youth and adults.
• CRAFT (Wellness Reinforcement and Family Training); fresh food
and a commodities access site
• Case management services
• Pro -Social education and activities for youth
• Peer support
(j) The work of revitalizing 219 W. Northern Ave., will be led by SCHRA
Founder/CEO Judy Sol no, supported by SCHRA's board of directors. Current
staff and community partners already providing services at SCHRA's current
location will expand and allow other agencies and organizations to be onsite at
the new wellness center. The revitalization effort will proceed as follows:
Phase I. Property renovation. Includes; entire flooring repair, electrical
and plumbing installation„ roof repair, window replacements,
installation of refrigeration system, commercial kitchen set up„ security
systems, heating and cooling systems repair. Purchase of the
insurance needed for the facility.
Phase II. Purchase technology, food storage systems, academic
resources. Contract and lease spaces to other organizations,
Phase III. Open facility with a minimum of 8 services„ programs and
classes with food access for the Bessemer community.
(k) Client data will be collected by all participating organizations in the Unite Us
platform. Unite Us standardizes how health and social care providers
communicate and track outcomes together. lit aligns all stakeholders from
healthcare, government, and the community around a shared goal to improve
health. It is a proven infrastructure which provides both a person -centered care
coordination platform and a hands-on community engagement process; it
works hand -in -hand with the community to ensure services are seamlessly
delivered to the people who need them most. This system is currently being
utilized by SCHRA and several community -based organizations to
communicate client needs to one another.
(I) The proposed wellness center can be viewed as a health, wellness, education,
resource, and cultural hub for the Bessemer area with SCHRA acting as the
coordinator of services brought into the community. SCHRA continues to work
toward developing place -based systems of care by leveraging partnerships to
bring those systems to the Bessemer neighborhood. General service
categories include:
• comprehensive supports around substance use prevention and
recovery
• telehealth medicine
• crisis intervention
M
• life skills and job training for youth and adults
• wellness services such as yoga and meditation
• social resources such as transportation, food, and a space for
community engagement
(m) This Subrecipient Agreement presents an opportunity to use ARPA funds to
address the negative economic impacts caused by COVID-19 that
consequentially impact basic needs and the ability to access health resources.
Prior to the pandemic, Bessemer was a struggling neighborhood. The effects
of COVID-19 on this community, whether directly or indirectly, places it at
greater need for support.
(n) SCHRA continues its work as a trusted community leader to bring COVID-19
vaccinations to communities and people in Pueblo who have experienced
difficulties with accessing the vaccine. One of the pillars of SCHRA's Harm
Reduction approach is trust as evidenced in the power of grassroots
campaigns to reach all community members. To date, SCHRA has partnered
with several Pueblo agencies, including the Pueblo City -County Library District,
to administer 5,127 COVID-19 vaccines. Recently, Health Colorado, Inc.
contributed significant funding for SCHRA to continue this work. SCHRA's
response to the pandemic is indicative of how SCHRA views its responsibilities
to the Pueblo community as it continues to battle COVID-19 and its impacts
that will unfold over many years. Creating a wellness center that provides
comprehensive social and health solutions in Bessemer will counter the
identified and yet to be identified impacts of COVID-19 in one of Pueblo's most
under-resourced neighborhoods.
(o) SCHRA leadership has purposefully developed a model of operation that
collaborates with local and statewide entities. In many instances, SCHRA
serves as the coordinator of services, bringing valuable supports to the people
and neighborhoods that most need them. For example, SCHRA collaborates
with Front Range Clinic to place a qualified staff at SCHRA's location within the
Bessemer neighborhood to deliver Medication Assisted Treatment. SCHRA
closely partners with Vivent Health, a Denver nonprofit experienced in
prevention services, to offer HIVfHEP C testing and education, leading to the
prevention and treatment of communicable diseases in Pueblo. SCHRA is the
lead agency' for the Pueblo Harm Reduction Project, a partnership between
SCHRA, the Pueblo County Sheriff's Office, and the Pueblo Department of
Public Health and Environment to deliver professional/personal development
curriculum in the criminal justice system, transitional community wellness,
harm reduction, and prevention supports. Under this project is a community -
based component supported by the Colorado Health Foundation that focuses
on job and personal skills development with underserved youth. The
underserved youth SCHRA is impacting with the launch of the Neighborhood
Harm Reduction Project is inspirational. Within this first cohort of 12
participants for the first part of 2021, Subrecipient is seeing young people go
from not communicating with staff to talking about their hopes, dreams, and
career goals. The opportunities this program brings to underserved youth will
aid Pueblo's economic recovery from the COVID-19 pandemic.
(p) Most recently, and as a result of Subrecipient's relationship with Health
Colorado, Inc. (Pueblo's Regional Accountability Entity), SCHRA has
welcomed the on -site and telemedicine services of Care on Location to its
clients, connecting individuals and families who face barriers or stigma around
accessing vital health and mental health support to these services. Care on
Location provides a skilled clinician during SCHRA's Saturday safe syringe
access and resource Saturdays to address physical health and mental health
needs.
(q) SCHRA continues to grow rapidly each year because of its many partnerships
and diverse funding streams. Approximately 10% of SCHRA's resources
come from individual contributions, including volunteer time and donations.
Some of Subrecipient's funders include:
• Caring for Colorado
• Colorado Department of Human Services (Office of Behavioral
Health)
• Colorado Department of Public Health and Environment
Colorado Health Foundation
• Community Services Advisory Commission
• Health Colorado, Inc.
• Packard Foundation
• United Way of Pueblo
(r) The foundation and staff infrastructure for the proposed wellness center in
Bessemer is strong. Many of the services that will be provided at the center are
already happening on a smaller scale and for a specific population. SCHRA's
plan to enhance and expand these services to the entire community is a goal
which can be reached. SCHRA has doubled in capacity over the past two
years. As the recipient of several grant funds, Subrecipient will continue to
move toward a community -wide Harm Reduction model.
(s) Harm Reduction recognizes addiction can be heavily influenced by social
systems and environment and works to bring equitable health access and racial
justice to those impacted by drug use. The pandemic has added another layer
of obstacles that has increased drug use, the need for mental health supports,
and other health and social service needs. The sustainability of these services
is important to SCHRA, and Subrecipient will continue to leverage partnerships
and funding resources to support the impact ARPA funds will bring to the
Pueblo community.
(t) 31 CFR 35.6 provides that capital expenditures has the same meaning given
in 2 CFR 200.1. Under 31 CFR 35.3, capital assets means:
0
(1) Tangible or intangible assets used in operations having a useful life of more
than one year which are capitalized in accordance with GAAP. Capital assets
include:
(i) Land, buildings (facilities), equipment, and intellectual property (including
software) whether acquired by purchase, construction, manufacture,
exchange, or through a lease accounted for as financed purchase under
Government Accounting Standards Board (GASB) standards or a finance
lease under Financial Accounting Standards Board (FASB) standards; and
(ii) Additions, improvements, modifications, replacements, rearrangements,
reinstallations, renovations or alterations to capital assets that materially
increase their value or useful life (not ordinary repairs and maintenance).
(u) 31 CFR 35.6(b)(3)(ii)(C) authorizes grants to nonprofits for construction and
land acquisition purposes. 31 C.F.R. Part 35 implements section 9901 of ARPA
and its amendments to the Social Security Act. Per 31 C.F.R.
35.6(b)(3)(ii)(C), a recipient may use funds to respond to the public health
emergency for certain enumerated eligible uses, including "Assistance to
nonprofit organizations including programs, services, or ca xf V ex end`itures,
including loans or grants to mitigate financial hardship such as declines in
revenues or increased costs, or technical assistance," (emphasis added). The
definition of capital expenditures includes construction and improvements and
(v) This ARPA grant award is modeled after the State of Iowa's "vertical
infrastructure" program which provided up to 3 million in ARPA funds, to
nonprofits to offset the costs for the construction„ acquisition, site development,
engineering and architectural work for new and rehabilitated buildings from
which nonprofit organizations would provide expanded services.
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;
4. Documentation, in the form of grant awards or letters of commitment of
grant awards„ evidencing that. Subrecipient has sufficient financial
resources, in addition to this ARPA grant, to complete the Project.
(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.
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(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„ (il) 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 nione 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.
•
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.
(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 including but not limited to any lien and/or contractor
and. subcontractor releases requested 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 Nine Hundred
Seventy -Five Thousand Dollars (U.S.. 975,000.00). 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, The use of said funds shall be limited to
expenditures to offset the costs for the rehabilitation, construction,
development, engineering and architectural work for a rehabilitated building
located at 219 W. Northern Ave. ("Premises") in the Bessemer neighborhood„
from which the Subrecipient shall provide expanded services, as set forth in
this Subrecipient Agreement. The grant funds shall not be distributed in a lump
sum. Subrecipient shall provide the City with draw packages for the costs and
expenses to rehabilitate the Premises, 'including construction materials, labor
costs, payments to a general contractor and subcontractors and all other
construction -related expenses.
(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.
6
F,-e
served.
The term of the Project shall be from Effective Date set forth above to December 31, 2'026
unless sooner terminated as herein provided. The provisions of this Agreement pertaining to
P-T4lei itiefl—,Subrecipient records, monitoring and evaluation, files and information,
insurance and liability shall survive the expiration of the term of this Agreement and any
other termination of this Agreement and continue in effect for a period of five, years following
any such termination of this Agreement and for such further time as it may take to
completely and finally negotiate, settle, or litigate any claim or suit concerning the same.
(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 Subrecipiient 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.
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.
10
The Subrecipient certifies and warrants that neither it nor any members of its Board of
Directors, officers or employees has or will derive any personal or financial interest or benefit
from the activity or activities assisted pursuant to this Agreement, nor has an interest in any
contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder,
either for themselves or for those with whom they have family or business ties, during their
tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are
prohibited by applicable federal regulations including but not limited to those set forth in 31
CFR Part 35 as presently promulgated and as same may be revised from time to time in the
future.
10. ,qt IRRPOPIENT RECORDS
Subrecipient shall maintain records as to all services provided, reimbursable expenses
incurred in performing the Scope of Services and complete accounting records. Accounting
records shall be kept on a generally recognized accounting basis and as requested by the
City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative
requirements described or referenced in 31 CFR 35. The Compliance Provisions attached
as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform
and comply with same. The City, Comptroller General of the United States, the Inspector
General of the U.S. Treasury and any of their authorized representatives, shall have the right
to inspect and copy, during reasonable business hours, all books, documents, papers and
records of the Subrecipient which relate to this Agreement for making an audit or examination.
Upon completion of the work and end of the term of this Agreement, the City may require
copies of all Subrecipient's financial records relating to this Agreement to be turned over to
City.
11. MONITORING, AND E.VALUATION
The City shall have the right to monitor and evaluate the progress and performance of the
Subrecipillent 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 report's required to be submitted by the Subrecipient, audit findings, disbursements
transactions and contact with the Subrecipient as necessary, The Subrecipient shall furnish
to the City quarterly program and financial reports of its activities in such form and manner as
may be requested by the City. Subrecipient shall fully cooperate with City in relation to such
monitoring and evaluation.
12, SUB z1=QPII=NT 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.
11
"ROM liw�vmm
expressly declared to De trial OT an Inue,* M. Ffluf
make Su�brecipient or any of Subrecipienit's agents or employees the agents or employees U*
the City, Subreciplent shall be solely and entirely responsible for its acts and the acts of i
agents, employees and subcontractors. i
[96019im, R,
(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.
The Subrecipient agrees to execute and abide by the certifications contained in Exhibit
heretoi, and Subreciplent's application for ARPA funds, both of which are hereby made a part
of this Agreement. In the event of any confliict between the terms of this Agreement and
Subrecipient's Application, this Agreement shall control.
•
(a) Upon expiration of the term of this Agreement, or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on
hand at the time of expiration or termination.
(b) In the event City incurs any costs or expenses in enforcing the requirements of
this paragraph 16 or in bringing i 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.
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
12
attached as Exhibit D and submit the completed form to City's Finance Office as part of the
signed Agreement.
21. LITIGATION VENUE AND WAIVER OF TRIAL BY �URY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and
reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County,
Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of
Colorado, and each Party submits to the personal and subject matter jurisdiction of such
District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a
trial by jury.
22 SEVERABILITY. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall
nonetheless remain in full force and effect.
23. RULES OF CONSTRUCTION, The Parties acknowledge that the Parties and their
counsel have reviewed and revised this Agreement and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the drafting Party shallnot be
employed in the interpretation of this Agreement or any exhibits or amendments hereto.
24. SAIVER. 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.
25. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subreipient 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.
13
26. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
27. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient
represent and warrant that such persons and Subrecipient have the requisite power and
authority to enter, execute and deliver this Agreement and that this Agreement is a valid and
legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with
its terms.
IN WITNESS, WHEREOF, the Subrecipient and the City have executed this
Agreement as of the date first above written and under the laws of the State of Colorado.
[S E A L]
SOUTHERN COLORADO HARM REDUCTION ASSOCIATION
A COLORADO NON ROFIT CORPORATION
By:
Name:
Title:
STATE OF COLORADO
ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged bef re me this day of
, 7/-% �e 0
2023 by ja'(l e as
-Southern Colorado Harm Reduction Association, a Colorado nonprofit corporation,
Witness my hand and offic' s,eal.
My commission expires:
fit 41 C-
S E A L tA —Y A. MARTINEZ NOTARY PUBLIC Notary Publie
STATE OF COLORADO
NOTARY ID 20164028200
MY COMMISSION EXPIRES 07126/2024
14
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 Subrecip�ient and the City.
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 Ciity, contract
siuspension or termination procedures may be initiated, in the sole discretion of the City.
SUBRECIPIENT'S SCOPE OF SERVICES
The Subrecipient will be responsible for administering the Project. The Subrecipient will
administer all tasks encompassed in the aforesaid Project in compliance with all applicable
federal, state and local rules and regulations governing the Project, in a manner satisfactory
to the City.
The components of the Subrecipient's work plan under this Agreement shall be as follows:
(1) Use CLRF Funds to rehabilitate 219 W. Northern Ave., Pueblo, CO 81004 for
use as a behavioral health and wellness center.
15
(2) The work of revitalizing 219 W. Northern Ave. shall proceed as follows:
• Phase I. Property renovation. Includes; entire flooring repair, electrical and
plumbing installation, roof repair, window replacements, Installation of
refrigeration system, commercial kitchen set up, security systems, heating
and cooling systems repair. Purchase of the insurance needed for the
facility.
• Phase 11. Purchase technology, food storage systems, academic resources.
Contract and lease spaces to other organizations.
• Phase Ill. Open facility with a minimum of 8 services, programs and classes
with food access for the Bessemer community.
(3) Client data shall be collected by all participating organizations in the Unite Us
platform.
(4) The wellness center shall operate as a health, wellness, education, resource,
and cultural hub for the Bessemer area with SCHRA acting as the coordinator
of services brought into the community. S`CHRA shall work toward developing
place -based systems of care by leveraging partnerships to bring those systems
to the Bessemer neighborhood. General service categories include:
• comprehensive supports around substance use prevention and recovery
• telehealth medicine
• crisis intervention
• life skills and job training for youth and adults
• wellness services such as yoga and meditation
• social resources such as transportation, food, and a space for community
engagement
C. Buffet $975,000.
16
EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
1. An accounting system using the accrual basis of generally accepted accounting principles which.
accurately reflects all costs chargeable (paid and unpaid) to the Project is mandatory. A receipts and.
disbursements ledger must be maintained. ;A general ledger with an income and expense account for each.
budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary.
Similarly, cash receipts for the payment of wages is mandatory. Paid invoices revealing check number, date
paid and evidence of goods or services received are to be filed per the expense account they were charged.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of
the Project as determined by the City. All costs must be budgeted items. Request for advance or
reimbursements of expenses must be accompanied by:
1. Original invoice marked with funding source
2. Detailed listing of each expense showing:
a) recipient
b) brief description of purchase
c) amount with method of computation detailed
Cost Summary must be submitted quarterly to reflect entries through the closing date for the books (indicate
Closing Date on Cost Summary).
4. The City shall not be obligated to any third party Agreement contractors of the Subrecipient. The
subrecipient is further cautioned against obligating funds beyond the Agreement date of the agreement
between the City and the Subrecipient.
17
5. The Subrecipient will furnish the City such statements, record,,, 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 inust reflect actual general ledger balances.)
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:
MuiiiqSial and _State
(1) The Charter, Municipal Code and the Rules and Regulations of the City of Pueblo, including
but not limited to, (lie 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 V11 of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et M.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title V111 of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et agq,), as
amended; and that the grantee will administer a] I 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 1.1246, 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 1225% 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 Il 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 l l9°88 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);
(12) The applicable regulations, policies, guidelines and requirerents of OMB Circular Nos.
A-1.02, Revised, 24 CFR 85 and Subpart ,1 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);
(1.4) 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 arnended 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. 4012aO and 4106(a)];
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(1,9) 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.);
19
(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, Paris 3 and 5), the Copeland Act (29 CFR
Part 3), and the Contract Work flours 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 inay be expended for lobbying, purposes and payments from other sources
for lobbying must be disclosed pursuant to tile Byrd Anti -Lobbying Amendment (31 U.S.C. 1352 ).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal Agreement , the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any, funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal Agreement,, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSJ-IA).
(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) Tile applicable regulations, policies, guidelines and requirements of 2 CFR Part 200 as they
relate to the acceptance and use of federal funds under this federally -assisted program including, but not
limited to (a) Compliance by Subrecipient and all of its subcontractors 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; and (b) 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 tinder 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.
20
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 24-51-110](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 Pucblo.
'11creforc, 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 wilo will perform any services for the City of Pueblo? N'es__, Noj.111�'
b) If you answered "yes" to (a) above, please answer the following, question: Are you an individual, sole
proprietor or part�nership, 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
ame
Address
Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
21
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.
r
Signed _ � .. 20.. _
By:
Name.,
Title:
For purposes of responding to question (b) above, an "affiliated party"" includes (1) any person who is the named beneficiary or co -beneficiary on
the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half -siblings, children„ and grandchfldren; (3) any person who is a relative of the PhRA 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 orot renvise profit frorn the performance of'services for the City of Pteeblo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
22