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HomeMy WebLinkAbout14708RESOLUTION NO. 14708 A RESOLUTION AUTHORIZING PAYMENT OF FUNDS IN THE AMOUNT OF (1) ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) TO THE CHILDREN FIRST PROGRAM OF PUEBLO COMMUNITY COLLEGE; (2) TWENTY THOUSAND DOLLARS ($20,000) TO THE PUEBLO COMMUNITY GARDENS PROGRAM OF THE CITY OF PUEBLO’S FOOD PROJECT; AND (3) EIGHT THOUSAND DOLLARS ($8,000) TO THE ALL PUEBLO GROWS SEED PROGRAM OF THE CITY OF PUEBLO’S FOOD PROJECT, WITH SUCH FUNDS TO BE PAID FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, AS AUTHRORIZED BY SECTION 603 (a) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE 31 CFR 35.6 RECITALS The following recitals are incorporated in and made a part of this Resolution: 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, under the Interim Final Rule, recipients may use Coronavirus Local Fiscal Recovery Funds (“CLFRF”) to respond to the COVID-19 public health emergency, including expenses related to (1) childhood health and welfare, including new or expanded childcare and (2) hunger and food insecurity; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO that: Children First Project SECTION 1. Funds in the amount of One Hundred Fifty Thousand Dollars ($150,000) are hereby authorized for payment from Project No. CI2113 – American Rescue Plan Act, to Pueblo Community College (“PCC”) for purposes of administering the Children First Program (“Project”). City shall make payments to PCC in the following amounts on the following dates: Date Amount 10/01/21 $ 18,750.00 01/04/22 18,750.00 04/01/22 18,750.00 07/01/22 18,750.00 10/01/22 18,750.00 01/02/23 18,750.00 04/01/23 18,750.00 07/01/23 18,750.00 Total $150,000.00 The term of the Project shall be from October 1, 2021 to September 30, 2023. SECTION 2. PCC’S SCOPE OF SERVICES A. Principal Tasks PCC shall be responsible for administering the Project for purposes of fostering childhood health and welfare, including the establishment of new or expanded childcare. PCC 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 PCC’s work plan under this Resolution shall be as follows: 1. Employ no fewer than three (3) Navigators to provide technical advice and assistance to new childcare centers that are trying to open. 2. Expand PCC’s current childcare referral system to connect parents with existing childcare facilities. 3. Create an awareness campaign to identify potential childcare providers (both home based and center based). 4. Provide mentorship service to new childcare providers going through the childcare licensing process. 5. Expand PCC’s current Children First Child Care Connection referral site (www.childrenfirstco.org) to provide parents with accurate childcare provider information. 6. Create and distribute flyers/yard signs/etc. to increase awareness of the childcare search option through PCC. 7. Work with the Pueblo County Department of Human Services to expand the number of childcare programs that will accept the Department’s childcare assistance funding (CCCAP). 8. Provide Coaches who will work with childcare programs to improve their level of quality and thereby enable families who participate in the CCCAP program to obtain a 25% discount on their portion of the childcare fees. 9. Work with government officials and regulators to identify and address barriers to accessing childcare and opening a new childcare business. 10. PCC’s performance under this Resolution will be measured by the following data-driven criteria: 10.1 Increase the number of available licensed childcare programs from 125 to 140; 10.2 Increase the number of licensed programs who accept CCCAP by IO from the current number of 55. 10.3 Increase the number of families who are connected to childcare and local resources by 500 from the current number of 436. B. Performance Monitoring: The City will monitor the performance of PCC according to the Principal Tasks and Budget set forth herein. Substandard performance shall mean non-compliance with the Scope of Services set forth above. If actions to correct such substandard performance are not taken by PCC within a reasonable period of time after being so notified by the City, grant suspension or termination procedures may be initiated, in the sole discretion of the City. Pueblo Community Gardens Project SECTION 3. Funds in the amount of Twenty Thousand Dollars ($20,000) are hereby authorized for payment from Project No. CI2113 – American Rescue Plan Act, to the City of Pueblo’s Food Project for purposes of administering the Pueblo Community Gardens Project (“Project”). City shall make transfer payments to the Food Project in the following amounts on the following dates: Date Amount 10/01/21 $ 5,000.00 01/04/22 5,000.00 04/01/22 5,000.00 07/01/22 5,000.00 Total $20,000.00 The term of the Project shall be from January 1, 2022 to December 31, 2022. The first payment will be made on October 1, 2021 for cash flow purposes. Project Number CI2118 – Pueblo Food Project – Pueblo Community Gardens Project is hereby established. Funds in the amount of $20,000 are hereby authorized to be transferred from Project CI-2113 into new Project No. CI2118, according to the above-referenced schedule. SECTION 4. FOOD PROJECT’S SCOPE OF SERVICES A. Principal Tasks The Food Project shall be responsible for administering the Project for purposes of mitigating hunger and food insecurity. The Food Project 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 Food Project’s work plan under this Resolution shall be as follows: Pueblo Community Gardens Program Key: Q1: January – March Q2: April – June Q3: July – September Q4: October - December Focus Area: Leadership Objective 1: Increase equitable access to locally grown, affordable food Activity Outcomes/ milestones Person Responsible Timeline Evaluate needs/barriers Summary report with requested Community Garden January 1st, of existing community budget from each community Coordinator, designated 2022 - March gardens garden representative from 31st, 2022 each community garden Purchase 2 sets of Complete Installation of the Community Garden February 1st, tools/equipment and sheds/storage units, outfit with new Coordinator, designated 2022 - July 31st, install two sheds/ equipment, create Equipment representative from 2022 storage units in Tracking Sheet each community garden community garden spaces Create and establish Determine eligible and ineligible Community Garden January 1st, garden mini-grant funds, and evaluate submissions Coordinator, 2022 - March process, application, based on the project's description, Leadership Committee 31st, 2022 evaluation, and fund action plan/timeline, a detailed allocation budget request, long term sustainability plan (community impact and neighborhood support), and matching funds availability. Distribute and manage Summary report of requested Community Garden January 1st, mini-grants, up to needs. This may include: water or Coordinator, 2022 - March $1000, for up to five utility costs, soil, raised bed Leadership Committee 31st, 2022 existing community construction, weed abatement, gardens backflow prevention certifications, updated equipment, volunteer management systems Submit quarterly report, Quarterly reports highlighting Community Garden Quarterly and meet with the fiscal activities, costs, goals, resulting Coordinator, Fiscal officer on completed data, lessons learned and Sponsor (Pueblo Food project goals / activities successes. Reports will include Project) financial information and costs associated with the program. Objective 2: Increase community engagement and resilience Activity Outcomes/ milestones Person Responsible Timeline Establish Community meeting scheduler, finances, SHED Fiscal Sponsor (Pueblo January 1st, Garden Coordinator build, purchase tools, organizing Food Project), 2022 Position events (garden openings), Community Garden organizing volunteers Coordinator Establish Community Initially, leadership committee will Community Garden January 1st, Garden Success be the Community Garden Coordinator / 2022 - February Program (CGSP) Coordinator, and the designated Leadership Committee 28th, 2022 Committee representative of each garden, as members well as other community members who want to be part of the committee. Kelly Gelhoff, Frank Cordova, Angelina Perez, Monica Dupler, and Deric Stowell Establish monthly Participant/attendee tracking. Community Garden Monthly meetings Meetings are monthly. Coordinator, designated representative from each community garden Monthly public Monthly educational presentations Community Garden Monthly education in partnership with All Pueblo Coordinator presentations/meetings Grows Create media Materials will be drafted and ready Community Garden Ongoing messages/posts and for distribution and/or placement. Coordinator distribute to Social media engagement tracking government/non-(facebook, instagram, tiktok, email profit/local distribution list, etc) businesses/schools to advertise education programs Volunteer Training Garden workshops, All Pueblo Community Garden Ongoing /Recruitment Grows monthly educational Coordinator presentations. Other events will be used as recruitment opportunities to gain more volunteers. Budget Note, purchases up to $1000 will be $800 a month * 12 = $9,600 for Community Garden Coordinator $9600 made on behalf of $1000 per garden per existing garden (5 existing gardens) = $5,000 participating $1000 per garden for a startup garden (up to TWO new gardens) = $2000 gardens. Participating $1,000 per Garden Sheds for community tool share program (2 SHEDS) = $2,000 gardens will not be Tools to stock the sheds ($700 x 2 SHEDS) = $1,400 awarded cash. Total Grant Award: $20,000 B. Performance Monitoring: The City will monitor the performance of the Food Project according to the Principal Tasks and Budget set forth herein. Substandard performance shall mean non-compliance with the Scope of Services. If actions to correct such substandard performance are not taken by the Food Project within a reasonable period of time after being so notified by the City, grant suspension or termination procedures may be initiated, in the sole discretion of the City. All Pueblo Grows Seed Project SECTION 5. Funds in the amount of Eight Thousand Dollars ($8,000) are hereby authorized for payment from Project No. CI2113 – American Rescue Plan Act, to the City of Pueblo’s Food Project for purposes of administering the All Pueblo Grows Seed Project (“Project”). City shall make transfer payments to the Food Project in the following amounts on the following dates: Date Amount 10/01/21 $ 2,000.00 01/04/22 2,000.00 04/01/22 2,000.00 07/01/22 2,000.00 Total $ 8,000.00 The term of the Project shall be for two (2) years from October 1, 2021 to September 30, 2023. Funds remaining after the first year of the grant term will be used to buy seeds and supplies for the second year of this grant. Project Number CI2119 – Pueblo Food Project – All Pueblo Grows Seed Project is hereby established. Funds in the amount of $8,000 are hereby authorized to be transferred from Project CI-2113 into new Project No. CI2119, according to the above-referenced schedule. SECTION 6 FOOD PROJECT’S SCOPE OF SERVICES A. Principal Tasks The Food Project shall be responsible for administering the Project for purposes of mitigating hunger and food insecurity. The Food Project 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 Food Project’s work plan under this Resolution shall be as follows: 1. The Food Project shall purchase of vegetable seeds for the All Pueblo Grows (“APG”) participants. The seeds shall be packed into “kits” that participants can order from the APG website. All participants shall be automatically enrolled to receive an email newsletter and shall be sent timely reminders and fact sheets to assist them in growing their kits. APG shall teach participants how to save the seeds they grow, so they can be donated back to the program. This process will assist in keeping the program sustainable. 2. The Food Project, to the extent feasible, shall follow the following timetable during each of the 2 years of the grant: February:  Determine seed needs for the year  Order seeds  Pack seed kits March: Begin distribution of seed packets The approved budget during the term of this Grant is as follows: Item Amount Seeds $ 6,000.00 Supplies (envelopes, tape, paper bags, etc.) 2,000.00 Total $ 8,000.00 B. Performance Monitoring: The City will monitor the performance of the Food Project according to the Principal Tasks and Budget set forth herein. Substandard performance shall mean non-compliance with the Scope of Services. If actions to correct such substandard performance are not taken by the Food Project within a reasonable period of time after being so notified by the City, grant suspension or termination procedures may be initiated, in the sole discretion of the City. SECTION 7. Pueblo Community College and the City of Pueblo’s Food Project (hereinafter individually (“Subrecipient”) shall be bound by and shall comply with the following terms and conditions of this Resolution. Acceptance of grant funds by each Subrecipient shall constitute consent to the following terms and conditions and each Subrecipient’s agreement to be bound by and to comply with same. 1. SCOPE OF SERVICES; RESPONSIBILITIES OF SUBRECIPIENT Subrecipient warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient’s part to be performed hereunder; (ii) that it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 31 CFR Part 35 and those identified in Exhibit “C” hereto; and (iii) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. 2. SUBRECIPIENT’S COMPENSATION AND METHOD OF PAYMENT (a) The City will pay to Subrecipient an amount up to that specified in this Resolution as full compensation for all services and work to be performed or undertaken by Subrecipient under this Resolution. 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 Resolution nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for payment or reimbursement detailing the eligible payment or reimbursement items in a format approved by City, (iv) that Subrecipient has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit “C” and that all expenditures for which reimbursement is sought were made for and in furtherance of the approved Project and are an eligible use of federal assistance under ARPA and federal regulations. (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable Federal regulations including but not limited to those at 31 CFR Part 35, as presently promulgated and as same may be revised from time to time in the future, all other terms of this Resolution, 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) Upon expiration of the term of the Projects approved by this Resolution 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. 3. TERMINATION OF PROJECTS APPROVED BY THIS RESOLUTION (a) For Cause: Projects 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 the Scope of Services of the Project. (b) Post Expiration and Termination Procedures: Upon expiration or in the event of a prior termination, all remaining and unspent grant funds, shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such funds to the City. All finished or unfinished documents, data, studies, reports and work product prepared by the Subrecipient under a Project or with grant funds shall, at the option of the City, become City’s property. 4. ASSIGNABILITY Projects 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. 5. CONFLICT OF INTEREST The Subrecipient certifies and warrants that neither it nor any members of its Board of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to a Project, nor has an interest in any contract, subcontract 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. 6. 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 shall 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 a Project and Subrecipient shall 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 a Project, for making an audit or examination. Upon completion of the work and end of the term of a Project, the City may require copies of all Subrecipient’s financial records relating to a Project to be turned over to City. 7. 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 a Project are being satisfactorily fulfilled in accordance with City’s and other applicable monitoring and evaluation criteria and standards. The City shall at least quarterly review the Subrecipient’s performance using on-site visits, progress reports required to be submitted by the Subrecipient, audit findings, disbursements transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish to the City quarterly program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipients shall fully cooperate with City in relation to such monitoring and evaluation. 8. SUBRECIPIENT FILES AND INFORMATION REPORTS The Subrecipient shall maintain files containing information which shall clearly document all activities performed in conjunction with a Project, 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 a 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. 9. INDEPENDENCE OF SUBRECIPIENT Nothing contained in this Resolution shall alter the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent contractor, nor shall this Resolution 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. 10. LIABILITY, INSURANCE (a) As to the City, Subrecipient shall 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 a Project by Subrecipient or by the conditions created thereby. Subrecipient shall 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 a Project by Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule or regulation. (b) Subrecipient shall procure and will maintain during the term of a Project, such insurance as will protect it from 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). (c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is Comprehensive General and Automobile Liability Insurance with limits not less than Five Hundred Thousand and No/100 Dollars ($500,000) per person and One Million Dollars ($1,000,000) per occurrence for personal injury, including but not limited to death and bodily injury, and Fifty Thousand and No/100 Dollars ($50,000) per occurrence for property damage. (d) Subrecipient shall maintain Workers’ Compensation Insurance complying with statutory requirements in Colorado. (e) Subrecipient shall furnish a certificate of insurance certifying such coverage to City’s Director of Finance prior to disbursement of any funds to Subrecipient. 11. CERTIFICATIONS The Subrecipient shall execute and abide by the certifications contained in Exhibit “C” hereto. Exhibit “C” and Subrecipient’s application for ARPA funds are hereby made a part of this Resolution. In the event of any conflict between the terms of this Resolution and Subrecipient’s Application, this Resolution shall control. 12. REVERSION OF ASSETS (a) Upon expiration of the term of a Project, 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 or in bringing any action to recover the amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorney’s fees from Subrecipient. 13. PERA LIABILITY The Subrecipient shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees’ Retirement Association (“PERA”) for salary or other compensation paid to a PERA retiree performing contracted services for the City under a Project. The Subrecipient shall fill out the questionnaire attached as Exhibit “D” and submit the completed form to City’s Finance Office prior to the disbursement of funds to the Subrecipient. SECTION 8. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 9. This Resolution shall become effective immediately upon final passage. INTRODUCED September 13, 2021 BY: Robert Schilling MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 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. 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 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 monthly to reflect entries through the closing date for the books (indicate Closing Date on Cost Summary). 5. All employees handling funds are required to be insured by a fidelity bond. 6. The City shall not be obligated to any third party contractors of the Subrecipient. The subrecipient is further cautioned against obligating funds beyond the contract date of the agreement between the City and the Subrecipient. 7. The Subrecipient will furnish the City such statements, records, data and information, and permit such interviews with personnel as the City may request to effectively monitor and evaluate the project. 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 Subrecipient for a period of three years following the last day of the Agreement. (Cost summary reports must reflect actual general ledger balances.) EXHIBIT C CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with: (1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and implementing regulations issued at 24 CFR Part 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 in Employment Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (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) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e)); (15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; (16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16 U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974; (17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections 102(a) and 202(a) \[42 U.S.C. 4012a(a) and 4106(a)\]; (18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.); particularly sections 2 and 5; (19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et.seq.); (20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 470f); and (21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.); particularly section 2(c). (22) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis-Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provision of the HUD 4010 and the Davis-Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (23) No ARPA funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed (24 CFR Part 87). (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 contract, 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 contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (24) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA). EXHIBIT D COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, 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___, No___. b) If you answered “yes” to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes ____, No____. If you answered “yes” please state which of the above entities best describes your business: c) If you answered “yes” to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered “yes” to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent 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 ____________________________, 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 grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse’s parents, stepparents, stepchildren, stepsiblings, and spouse’s siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree’s regular salary or compensation. City Clerk’s Office Item # Q-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 13, 2021 TO: President Lawrence W. Atencio and Members of City Council VIA: Marisa Stoller, City Clerk CC: Mayor Nicholas A. Gradisar FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION AUTHORIZING PAYMENT OF FUNDS IN THE AMOUNT OF (1) ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) TO THE CHILDREN FIRST PROGRAM OF PUEBLO COMMUNITY COLLEGE; (2) TWENTY THOUSAND DOLLARS ($20,000) TO THE PUEBLO COMMUNITY GARDENS PROGRAM OF THE CITY OF PUEBLO’S FOOD PROJECT; AND (3) EIGHT THOUSAND DOLLARS ($8,000) TO THE ALL PUEBLO GROWS SEED PROGRAM OF THE CITY OF PUEBLO’S FOOD PROJECT, WITH SUCH FUNDS TO BE PAID FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, AS AUTHRORIZED BY SECTION 603 (a) OF THE AMERICAN RESCUE PLAN ACT AND INTERIM FINAL RULE 31 CFR 35.6 SUMMARY: This Resolution authorizes the payment of American Rescue Plan Act (“ARPA”) funds to the following projects: Applicant Project Amount Pueblo Community College Kids First Program $150,000 Food Project Pueblo Community Gardens 20,000 Food Project All Pueblo Grows - Seed Program 8,000 Total $178,000 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 11, 2021 (the date ARPA became law) until December 31, 2024 (to be expended by December 31, 2026). BACKGROUND: Under the Interim Final Rule, recipients of may use Coronavirus Local Fiscal Recovery Funds (“CLFRF”) to respond to the COVID-19 public health emergency, including expenses related to (1) childhood health and welfare, including new or expanded childcare and (2) hunger and food insecurity. FINANCIAL IMPLICATIONS: $178,000 of ARPA funds are being authorized for payment. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: City Council could decide not to support or fund the 3 projects. RECOMMENDATION: Approval of the Resolution Attachments: Proposed Resolution