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HomeMy WebLinkAbout11134Docusign Envelope ID: 73D483CC-EBE5-4B54-A97B-EDOEODB7OD87 ORDINANCE NO. 11134 AN ORDINANCE AWARDING AND APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BOYS & GIRLS CLUBS OF PUEBLO INC., A COLORADO NON-PROFIT CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, an amendment to the budget was made by Councilor Martinez to support Boys and Girls Club in the amount of $50,000 in 2026; and WHEREAS, this funding was approved by City Council in the 2026 budget on November 24, 2025. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Operating Agreement, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Amendment 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. The Mayor is hereby authorized to execute an Operating 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 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 5. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. Docusign Envelope ID: 73D483CC-EBE5-4B54-A97B-EDOEODB7OD87 SECTION 6. 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 March 09, 2026. Final adoption of Ordinance by City Council on March 23, 2026. LDocuSigned by: President of City Council Action by the Mayor: ❑ Approved on ❑ Disapproved on 03/24/2026 based on the following objections: 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 Mayor ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Signed by: Vltn WAt P01,6 tt Deputy City er Docusign Envelope ID: 73D483CC-EBE5-4B54-A97B-EDOEODB7OD87 City Clerk's Office Item # S5 COUNCIL MEETING DATE: March 23, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Vince Petkosek, Deputy City Clerk FROM: Melissa Cook, Director Department of Housing & Citizen Services SUBJECT: AN ORDINANCE AWARDING AND APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BOYS & GIRLS CLUBS OF PUEBLO INC., A COLORADO NON-PROFIT CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This ordinance authorizes the City of Pueblo to provide $50,000 to the Boys & Girls Clubs of Pueblo County to support Fifth Day programming for 25 youth and to fund a portion of three staff positions needed to operate the program across multiple Club sites. The Boys & Girls Clubs will use the funds solely for these approved, eligible purposes. PREVIOUS COUNCIL ACTION: The Boys and Girls club has been supported in various ways through the City of Pueblo in the last five years, including funding from the City of Pueblo non -departmental, Community Development Block Grant funding, annual allocations through the Community Services Advisory Commission. BACKGROUND: The Boys & Girls Clubs of Pueblo County provide year-round, evidence -based youth development services that promote public safety, academic success, and community well-being, particularly for low-income and at -risk youth. As outlined in the background paper, the organization has the capacity, accountability systems, and community trust necessary to deliver high -quality programming aligned with the City Charter's requirements for public purpose, welfare, and safety. The $50,000 allocation represents a cost-effective investment in structured Fifth Day programming, which allows for programming on Friday's when students are not in school. Docusign Envelope ID: 73D483CC-EBE5-4B54-A97B-EDOEODB7OD87 FINANCIAL IMPLICATIONS: On November 24, 2025, the City of Pueblo's 2026 budget was approved. This funding was budgeted and appropriated in account 10180200-58134. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: Denying this Resolution will result in the budgeted and appropriated funding not being deployed. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Boys Girls Club Subrecipient Agreement 2026 LP review 2. Amended Boys Girls Club Subrecipient Agreement 2026 Draft OPERATING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into on the last date signed below by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City" and Boys & Girls Clubs of Pueblo INC of Pueblo, CO, a Colorado Non -Profit Organization dba Boys and Girls Club, hereinafter referred to as "Boys and Girls Club" (collectively referred to as "Parties") for this subrecipient agreement. WHEREAS, An amendment to the budget was made by Councilor Martinez to support Boys and Girls Club in the amount of $50,000 in 2026; and WHEREAS, This funding was approved by City Council in the 2026 budget on November 24, 2025. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. BOYS AND GIRLS C1.1.1B OBLIGATIONS Boys and Girls Club will use the funding for only for the approved eligible uses outlined below Purpose and Alignment: Fifth Day programming addresses learning loss and behavioral risks associated with four -day school weeks by providing structured, high -quality afterschool activities on Fridays at three Club sites (Ray Aguilera Teen Center at Central High School, East Side Clubhouse at Risley Middle School, and Sprague Clubhouse). Schedule and Scope: Operates weekly for 25 youth on Fridays during the school year (minimum 23 hours/week) and aligns with an eight -week summer program (Monday —Friday, 8-10 hours/day), delivering a full -day educational and enrichment experience for youth ages 6-18. Core Components: Includes three hours of daily academic instruction (totaling 120 hours over summer), paired with enrichment activities in Academic Success & Career Development, Healthy Lifestyles, and Good Character & Leadership. Includes A portion of three staff positions to support the programming throughout multiple sites (hereinafter the "Program") 2. TERM OF AGREEMENT The terra of this Agreement shall be from January l„ 2026 to Decernber 31, 2026 ("`'l"ertn""), unless extended or sooner terminated as herein provided. Upon expiration of the Term, the parties may extend this Agreement for an additional one-year term, provided Boys and Girls Club has complied with all the terms and conditions of this Agreement. Either Party may exercise this option by sending, written notice to the other prior to the end of the Term. The City reserves the right to deny for any reason a request for extension of the Term. 3. TERMINATION OF AG&E TENT (a) I°or Cause: This Agreement may be terminated by City for cause, including any nonperformance by Boys and Girls Club, upon written notice of nonperformance to Boys and Girls Club and after such nonperformance is not cured within fourteen (14) days thereafter. (b) For Convenience: This Agreement may be terminated for convenience by either Party upon thirty days prior written notice. (c) Post Tenninat.ion Procedures: In the event of termination for any reason, any unspent funds awarded pursuant to this agreement shall immediately become the sole and separate property of the City and Boys and Girls Club shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, and income to City. 4. ASSIGNABILITY This Agreement shall not be assigned or transferred by Boys and Girls Club 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. 5. PROGRAM RECORDS Boys and Girls Club shall maintain records as to all services provided, reimbursable expenses incurred in performing this Agreement or otherwise related to the Program. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. 6. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and performance of the Program to assure that the terms of this Agreement are being satisfactorily fulfilled. The City may review the Boys and Girls Club's performance using on -site visits, progress reports required to be submitted by the Boys and Girls Club, audit findings, disbursements transactions, and contact with the Boys and Girls Club as necessary. Such reviews shall occur no less than annually. To assist City with its reviews, Boys and Girls Club shall furnish to the City monthly program and financial reports of its activities in such form and manner as may be requested by the City. In addition, Boys and Girls Club shall submit a quarterly report to the City setting forth the following information: a. Program participation numbers and fund spending together with supporting documentation which demonstrates funds have been spent consistent with the Eligible Uses set forth herein. Quarterly progress reports shall be due on the first day of the calendar quarter and include the following information: Reports are due quarterly and required prior to submitting an invoice for reimbursement. The following information must be included in the report. 1. Number of individuals served 2. Applicable demographics of individuals served 3. Impact assessment — Report on the impact of the programs on individuals served, such as improved nutrition, health and overall well being. 4. Financial — Amount of grant funding spent during the quarter or invoiced period. 2 b. Boys and Girls Club shall fully cooperate with the City relating to such monitoring and evaluation. The City may reduce or terminate funding to include requiring return of funds already paid should it determine, in its sole and absolute discretion, that Boys and Girls Club has (i) failed to use the funds consistent with the Program as represented to City Staff, (ii) misappropriated, mishandled, or misapplied funds, (iii) failed to provide Program information to the City upon request, (iv) failed an audit, or (v) provided false or misleading financial statements to the City. 7. BOYS AND GIRLS CLUB FILES AN1D 11'-FCDRMATI.ON "PODI TS Boys and Girls Club 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, activity reports, and program income. Failure to report and prove eligible expenses will result in the requirement of funding to be repaid. 8. INDEPENDENCE OD BOYS AN[) GIRLS CLUB Nothing herein contained nor the relationship of Boys and Girls Club to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Boys and Girls Club or any of Boys and Girls Club's agents or employees the agents or employees of the City. Boys and Girls Club shall be solely and entirely responsible for its acts and the acts of its agents, employees, and subcontractors. It is expressly understood and agreed that Boys and Girls Club's agents, employees, or other personnel shall not be entitled to any payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever from City. 9. LIABILITY, INSLJ AN'C'l ❑ Boys and Girls Club is receiving $20,000 or less, which will categorically exclude the organization from meeting the insurance requirements of this Section 9. ® Boys and Girls Club is receiving more than $20,000, which will require compliance with this Section 9. (a) As to the City, Boys and Girls Club 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 Boys and Girls Club or by the conditions created thereby. Boys and Girls Club further agrees to indemnify, defend, 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 Boys and Girls Club or out of any violation by Boys and Girls Club of any statue, ordinance, rule, or regulation. (b) Boys and Girls Club shall carry Commercial General Liability (CGL) insurance, covering claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under this Agreement by the Boys and Girls Club, Boys and Girls Club's agents, representatives, employees, or subcontractors, and participants in any of Boys and Girls Club's programs, with limits of insurance of not less than $500,000 for 3 each occurrence and $1,000,000 annual aggregate. The CGL shall apply as Primary and non- contributory insurance before any other insurance or self-insurance, including any deductible maintained by or provided. (c) Boys and Girls Club agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (c). (d) The minimum insurance coverage which Boys and Girls Club shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars ($600,000) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No/100 Dollars ($600,000) per occurrence for property damage. (e) Boys and Girls Club shall procure and maintain, at its own expense, hazard and fire insurance for personal property and fixtures in such amounts as to adequately protect it from loss. Boys and Girls Club shall furnish a certificate of insurance certifying such coverage to City's Director of Finance upon execution of this Agreement. 10. PERA LIABILITY Boys and Girls Club 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 contracted services for the city under this Agreement. Boys and Girls Club shall fill out the questionnaire attached as Exhibit B and submit the completed form to Finance Office as part of the signed Agreement. 11. 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 Boys and Girls Club and City. 12. GOVERNING LAW AND VENUE 4 This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 13. NON-DISCRIMINATION Boys and Girls Club shall not in any manner discriminate against any person otherwise qualified and capable because of race, color, sex, marital status, age, religion, disability, national origin, or veteran status. Boys and Girls Club agrees to comply with applicable federal and state law and regulations concerning non-discrimination. 14. RESERVATION OF RIGHTS Failure to insist upon strict enforcement of any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such. No waiver of any breach or breaches of any provision, covenant, or condition of this Agreement shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition, or of any other provision, covenant, or condition. 15. AUTHORITY FOR SIGNATURES` ELEC"IRONIC SIGNATURES (a) The persons signing this Agreement on behalf of Boys and Girls Club represent and warrant that such persons and Boys and Girls Club 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 Boys and Girls Club enforceable against Boys and Girls Club, its successors, and authorized assigns, in accordance with its terms. (b) This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its terms. 16. FUND AVAILABILITY, SIJB FL,.cT TO EA'' (a) Financial obligations of City, if any, after the current year in which this Agreement is signed by both parties are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by Pueblo City Council and City executive departments. Nothing herein shall be deemed to create an ongoing financial obligation of City. (b) This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi- year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of City which may arise tinder this Agreement in any fiscal year, in the event the 'budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default by or breach of this Agreement, including any sub -agreement, attachment, schedule or exhibit thereto, by the City. City may in its sole and absolute discretion terminate this Agreement for reasons of non -appropriation immediately upon written notice without causing default or breach. 17. RIGHTS OF TI11RD PARTIES Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred upon the City of Pueblo, a Municipal Corporation under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. IN WITNESS, WHEREOF, the Boys and Girls Club and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. [SEAL] ATTEST: By Signature Name Title CITY OF PUEBLO, A MUNICIPAL CORPORATION B,y Heather ;Aam, Mayor Boys and Girls Club of Pueblo, Inc. DBA BOYS AND GIRLS CLUB By S i,gnatu ti Narn "4 ^ e / 4 �p "Title°.„,°° EXHIIBIT A BUDGET EXHIBIT B COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, NOK. b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No If you answered "yes" please state which of the above entities best describes your business: c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Name Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed r. Y: Name: Title: 1 0 For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or co -beneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half -siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stcpsiblings, 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. 9