HomeMy WebLinkAbout10058RESOLUTION NO. 10058
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND THE PUEBLO HISPANIC EDUCATION FOUNDATION, A
COLORADO NONPROFIT CORPORATION, FOR THE PROVISION OF COLLEGE
SCHOLARSHIPS TO LOW TO MODERATE INCOME RESIDENTS OF THE CITY OF PUEBLO
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo and the Pueblo Hispanic Education Foundation.
a Colorado nonprofit corporation, dated February 9, 2003, a copy of which is attached herewith,
relating to participation in and the conduct of the Federal Community Development Block Grant
Program ('Agreement') for Federal FY 2004 -2005 is hereby approved and the President of the City
Council is authorized to execute same, and the City Clerk to attest the same, by and on behalf of
the City of Pueblo.
INTRODUCED February 9, 2004
BY Michael Occhiato
Councilperson
APPROVED:
PRESI ENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
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17 adyX M, L I
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # `�
DATE: FEBRUARY 9, 2004
DEPARTMENT: HOUSING AND CITIZEN SERVICES / TONY BERUMEN
TITLE
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICPAL
CORPORATION AND THE PUEBLO HISPANIC
EDUCATION FOUNDATION A COLORADO
NONPROFIT CORPORATION, FOR THE
PROVISION OF COLLEGE SCHOLARSHIPS TO
LOW TO MODERATE INCOME RESIDENTS OF
THE CITY OF PUEBLO AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
ISSUE
Should the City enter into an agreement with the Pueblo Hispanic Education
Foundation, a Colorado nonprofit corporation, for the provision of scholarships to
low to moderate - income students? The funds are to be used to provide
scholarships for employment training for City of Pueblo low -to moderate - income
residents. The funds are restricted to colleges and universities within the City of
Pueblo.
RECOMMENDATION
Approve
BACKGROUND
The City Council requested in 2002 that CDBG funds in the amount of $25,000
be provided to Pueblo Community College for the provision of scholarships to low
to moderate - income students. At that time, there was to be a partnership
between PCC, PEDCO, and Pueblo County, that never came to fruition. As time
has elapsed and this partnership did not materialize, some members of the City
Council have now requested that the sub recipient of such funds be changed to
the Hispanic Educational Foundation (HEF), which has expressed an interest in
administering the scholarship fund.
The intent of the program has not changed. This is solely a change of
administering entities. HEF must agree to enter into a sub recipient agreement
with the City and be willing to comply with all Community Development Block
Grant federal regulations.
The City held a public hearing on May 28, 2002 to adopt Ordinance 6828, in
which these funds were appropriated.
FINANCIAL IMPACT
The $25,000 in CDBG funds were appropriated under Ordinance 6828, and are
still available in 250 -9540- 600- 80 -50. The funds have leveraged an additional
$50,000. Pueblo Community College and Colorado State University– Pueblo,
have both donated $25,000 to the Foundation.
AGREEMENT FOR COMMUNITY DEVELOPMENT SERVICES
(Subrecipient Agreement)
(non -profit entity)
THIS AGREEMENT ( "Agreement ") is made and entered into this 9 day of T 7 c- . 2001
By and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City" and o u-
Pueblo Hispanic Education Foundation, a Colorado nonprofit corporation, hereinafter referred to as the
"Subrecipient ".
WITNESSETH THAT:
WHEREAS, the City has entered into grant agreements with the U.S. Department of Housing and
Urban Development ( "HUD ") whereby federal financial assistance may be made available to the City under
Title I of the Housing and Community Development Act of 1974, as amended to date; and
WHEREAS, pursuant to such grant agreements the City is undertaking certain activities necessary for
the execution of a project situated in the project area described in the Scope of Services; and
WHEREAS, the City desires to disburse funds to the Subrecipient to execute certain projects and/or
perform certain services in connection with such undertaking of the City; and
WHEREAS, Subrecipient has represented to the City that is duly qualified, eligible and willing to
undertake certain projects and/or services identified herein and in the Scope of Services attached hereto; and
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth
herein, the parties hereto do mutually agree as follows:
SCOPE OF SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and
furnish all labor and materials encompassed within or reasonable 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.
(b) 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 duly organized as a non - profit organization under state law and is in good standing with the
Secretary of State of Colorado; (iii) that it is fully aware of and understands its duty to perform
all functions and services in accordance with the regulatory requirements of 24 CFR Part 570
and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial
assistance hereunder subject to certain mandatory repayment provisions.
2. 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 program. In the absence of such a designation, the City
Manager shall be deemed as City's authorized representative.
Pu ebloHi spEdFoundati on/2004
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 an approved
project and are an eligible us of federal assistance under the Act and federal regulations, and (v) that City has
timely received from HUD sufficient federal assistance under the Act to make the payment or reimbursement
hereunder.
(b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable
HUD regulations including but not limited to those at 24 CFR Part 570, 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 24 CFR Part 570.
(c) The aggregate of all payments made hereunder shall not exceed Twenty -five thousand
00 /100 dollars (U.S. $25,000)
(d) 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
together with any accounts receivable attributable to the use of funds provided hereunder.
4. TERM OF AGREEMENT
The term of this Agreement shall be from Mar6m ( , 2004 to Nuro l , 2005
unless sooner terminated as herein provided.
5. 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 Director of Housing and Citizen Services 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. In accordance with 24 CFR 85.43, 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 for convenience in accordance with the
provisions of 24 CFR 85.44. This Agreement shall automatically terminate at the end of its term as well as in
the event of any suspension, reduction or non - receipt of Community Development funds by City.
(c) Post Termination Procedures In the event of termination, all property acquired by Subrecipient
with grant funds, all grant funds, program income, and loans originated with grant funds or by payments
therefrom and payments received under such mortgage loans held, owned or retained by the Subrecipient 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 property, funds, income, and mortgage loans to
City. All finished or unfinished documents, data, studies, reports, and work product prepared by the Sub
PuebloHispEdFoundation /2004
recipient under this Agreement or with grant funds shall, at the option of the City, become City's property and
the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work
completed for which compensation has not previously been paid nor reimbursement made.
6. 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.
CONFLICT OF INTEREST
The Subrecipient certifies and warrants that neither it nor any members of its Boards 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 24
CFR Part 570 as presently promulgated and as same may be revised from time to time in the future.
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 24 CFR 570.502.
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, HUD, and Comptroller General of the United States, the
Inspector General of HUD 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 the purpose of making an audit or examination. Upon completion of the work and end of
the term of this Agreement, the City may require all of Subrecipient's financial records relating to this
Agreement to be turned over to City.
9. 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 HUD's, 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 monthly or quarterly program and financial reports of its activities in
such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City relating
to such monitoring and evaluation.
10. 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, activity reports, and program income. These records shall be retained by the
Subrecipient for a period of three years after the completion of the project. Activity reports shall be submitted
monthly or quarterly no later than the ninth day of the month following the end of month or quarter for which
the report is submitted.
PuebloHispEdFoundation/2004
11. INDEPENDENCE OF SUBRECIPIENT
Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly
declared to be that of an independent contractor, 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.
12. LIABILITY, 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 any and 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) Subrecipient 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).
follows:
(c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as
(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.
(d) In the event Subrecipient's obligations under this Agreement are secured by a deed of trust or
mortgage instrument as provided in paragraph 14 (c) of this Agreement, Subrecipient agrees to procure and
maintain, at its own expense, hazard and fire insurance upon the property described in said deed of trust on an
all risk form in such amounts of all liens against the property and the amount of funds provided by City
pursuant to this Agreement. Subrecipient shall furnish a certificate of insurance certifying such coverage to
City's Director of Finance prior to disbursement of any funds to Subrecipient. Both said certificate of
insurance and the policy procured by Subrecipient shall name the City as a loss payee.
13. CERTIFICATIONS
The Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto,
which are hereby made a part of this Agreement.
14. PROGRAM INCOME; REVERSION OF ASSETS
(a) Unless otherwise authorized by City in writing, all program income shall be returned to City
within 30 days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of
program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the
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amount of grant funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR
570.504(b)(2)(i) and (ii)
(b) 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
together with any accounts receivable attributable to the use of funds provided hereunder.
(c) Any real property under Subrecipient's control that was acquired or improved in whole or in
part with funds provided pursuant to this Agreement in excess of U.S. $25,000 shall either (i) be used to meet
one of the national objectives set forth in 24 CFR 570.208 until five years after expiration or termination of
this Agreement, or (ii) not be used in accordance with subparagraph (c)(i), in which event Subrecipient shall
pay to City an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of funds not provided under this Agreement for the acquisition of, or improvement
to the property. The use restriction and repayment obligation set forth in this subparagraph shall survive
termination or expiration of this Agreement and shall be fully enforceable and subject to collection by City or
HUD in accordance with applicable laws. If requested by City, Subrecipient shall execute a deed of trust or
mortgage instrument which shall be and constitute a lien upon all real property acquired or improved with
funds provided hereunder, and which shall secure all obligations of Subrecipient hereunder.
(d) In the event City incurs any costs or expenses in enforcing the requirements of this paragraph
14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be
entitled to recover its costs and expenses, including reasonable attorneys fees.
15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY
(a) In addition to all procurement requirements otherwise applicable to Subrecipient pursuant to
any other provision of this Agreement or pursuant to any requirement of law or regulation incorporated in this
Agreement by reference, if any portion of the funds provided to Subrecipient under this Agreement is to be
used for making improvements to real property, including new construction, rehabilitation, or remodeling, then
in such event Subrecipient shall comply with all requirements of this Paragraph 15.
(b) No improvements shall be undertaken to real property with funds (or reimbursement) provided
hereunder unless and until: (i) plans and specifications therefore have been prepared by a registered
Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect
duly licensed and authorized to conduct a practice of architecture in the state of Colorado; (ii) such plans and
specifications have been filed with the City and approved by both the City's designated representative and the
City's Director of Public Works; and (iii) all construction contracts for improvements for which payment is
sought from City shall have been awarded only after an open, competitive bidding process which has been
approved by City's Director of Purchasing and which allows qualified contractors to reasonable participate in
the competitive bidding procedures.
(c) If this Paragraph 15 is applicable, no disbursement of funds to Subrecipient shall be made by
City hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement
have been satisfied and Subrecipient files with City's Director of Housing and Citizen Services a written
request for payment signed by an officer of Subrecipient that certifies (i) that the amounts included in the
request for payment have not been included in any prior request for payment, and (ii) that the improvements
listed therein for which payment is sought have been completed in accordance with the approved plans and
specifications therefore.
(d) In every contract for construction of improvements for which payment or reimbursement from
City is to be provided under this Agreement, Subrecipient shall include a contract clause or clauses, approved
by City's Director of Purchasing, requiring the contractor, and all of the contractor's subcontractors of all tiers,
to comply with the requirements of the Davis -Bacon Act and implementing regulations, and to pay all laborers
PuebloHispEdFoundation /2004
and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as
determined by the U.S. Department of Labor.
16. RECOGNITION OF HUD, CITY
In all printed materials, project descriptions and other activities undertaken with funds provided under
this Agreement, Subrecipient shall provide recognition that funds have been provided by U.S. Department of
Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by prominent
disclosure of the role of HUD and City in all such printed materials and project signage, if any.
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. 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 into, execute and deliver this Agreement and
that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient
in accordance with its terms.
IN WITNESS WHEREOF, the Subrecipient and the City have executed this Agreement as of the date
first above written and under the laws of the State of Colorado.
ATTEST:
NI-2
City rk
[SEALI
ATTEST:
By
Signature
Name EL
Title
CDBGSLIBAGRMT /2003
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By j�
President City Council
Subrecipient:
Pueblo Hispanic Education Foundation
By (�4t
Signature
Name - PAQ 10 k8 v TA
Title PreS''oar'r EL ECT
PuebloHispEdFoundation/2004
EXHIBIT A
SCOPE OF SERVICES
Subrecipient will make job education assistance benefits in the form of scholarships to low -and
moderate - income person who are residents of the City of Pueblo based upon income eligibility
requirements meeting current applicable HUD regulations. Subrecipient will require persons receiving
such scholarships to document their residency and eligibility. Subrecipient shall maintain all such
records, documentation, and amount of scholarship awarded to each eligible recipient as part of the
records required by section 10 of this Agreement. The funds are restricted to colleges and universities
within the City of Pueblo.
Performance Monitorin¢
The City will monitor the performance of the Subrecipient against goals and performance standards
required herein. Substandard performance as determined by the City 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 notified by the City contract suspension or termination procedures will be initiated.
Time of Performance
Services shall start on the r .YkA" -1 2004 and end on the (AarGm , 2005. The
term of this agreement and the provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of CDBG funds and other assets including program income.
PuebloHispEdFoundation /2004 7
EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN A CONTRACT FOR SERVICES
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 should the project terminate the next
day 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. Paid invoices revealing check number, date paid and evidence of goods or services
received are to be filed according to the expense account they were charged. The City must review and
approve your account system and internal controls prior to the release of funds.
2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence
of a budget amendment.
3. A log listing all long distance telephone calls must be maintained (showing date, city and agency
called, person making call and person called).
4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the
program 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 on a monthly basis to reflect entries through the closing date for the
books (indicate Closing Date on Cost Summary).
All employees handling funds are required to be insured by a fidelity bond.
6. The City shall not be obligated to any third parties of the contractor. Each contractor is further
cautioned against obligating funds beyond the contract date of the agreement between the City and the
contractor. (Example: rent or lease agreements, service contracts, insurance, etc.)
7. The contractor will furnish the City such statements, records, data and information, and permit such
interviews with personnel as the City may request in order to effectively monitor and evaluate the project.
8. City auditors will periodically make interim audits and may, upon completion of the project, make a
final audit.
9. All records must be retained by the agency for a period of three years following the last day of each
contract. (Cost summary reports must reflect actual general ledger balances.)
PucbloHi spEdFoundati on/2004
EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et sue.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, et seq.), as
amended; and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the
regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing
regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and
implementing regulations when published for effect;
(8) The Age discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing
regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288
relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973 (Pub. L. 93 -234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-
102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128 and A -133 as they relate
to the acceptance and use of federal funds under this federally- assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d)
[42 U.S.C. 7506 (c) and (d)];
(14) HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and
Standards];
(15) 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));
PuebloHispEdFoundation/2004
(16) 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;
(17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. Seq.) As amended; particularly
section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)];
(18) 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;
(19) 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)];
(20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(21) It will comply with the 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.);
(22) 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
(23) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13,
1971 (36 FR 8921 et seq.); particularly section 2(c).
(24) 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 contract document and shall be incorporated into
all construction contracts and subcontracts of any tier thereunder.
(25) No CDBG funds may be expended for lobbying purposes and payments from other sources for
lobbying must be disclosed (24 CFR Part 87).
(26) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply
regarding worker exposure, abatement procedures and disposal. (CPD -90 -44 EPA/OSHA).
(27) When HOME Investment Partnership Act funds are used, the Subrecipient will comply with
implementing regulations and requirements under (24 CFR 92).
Signature:
Board President
PuebloHispEdFoundanon/2004 10
ADDITIONAL REPORTING REQUIREMENTS
PUEBLO IHSPANIC EDUCATION FOUNDATION
You must submit the following forms and/or information with your signed contract(s).
A. Board of Directors Roster
B. Staff Roster
C. Scholarship Program budget.
You must submit the following forms and information with each request for disbursement of funds.
1- Proof of income eligibility as per HUD Income Guidelines.
2- Proof of enrolled in an employment training type of curriculum.
3- Proof of payment to participating college or university along with payment statements.
4- Demographic information as required by HUD.
5- Any other HUD required information.
Requests for disbursements of CDBG funds will not be processed until all necessary information and forms are
complete. Incomplete requests will be returned to the agency.
Executive • to,
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