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