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HomeMy WebLinkAbout10237 ORDINANCE NO. 10237 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO SYMPHONY ASSOCIATION, INC., A COLORADO NONPROFIT CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF RECITALS The following recitals are incorporated in and made a part of this Ordinance. WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”); and WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April 1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery Funds (“CLFRF”) to respond to the COVID-19 public health emergency and the negative economic consequences resulting therefrom; and WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR 35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are responding to the negative economic impacts of the COVID-19 public health emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Subrecipient Agreement (“Agreement”) dated August 8, 2022, between and the City of Pueblo, a Colorado municipal corporation and the Pueblo Symphony Association, Inc., a Colorado nonprofit corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved: SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $75,000 are hereby authorized to be paid from Project No. CI2113 – American Rescue Plan Act, for purposes of providing financial support to the Pueblo Symphony’s efforts to provide music education events and programs to Pueblo students, as described in the attached Agreement. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described herein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 25, 2022 . Final adoption of Ordinance by City Council on August 8, 2022 . President of City Council Action by the Mayor: ☒ Approved on August 9, 2022 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 25, 2022 TO: President Heather Graham and Members of City Council VIA: Marisa Stoller, City Clerk CC: Mayor Nicholas A. Gradisar FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO SYMPHONY ASSOCIATION, INC., A COLORADO NONPROFIT CORPORATION, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF SUMMARY: This Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement with the Pueblo Symphony Association, Inc., a Colorado nonprofit corporation (“PSA”) to provide music education events and programs to Pueblo students (“Project”) as authorized by Section 603 of the American Rescue Plan Act and U.S. Treasury Final Rule 31 CFR 35.6. Funds for the project, in the amount of $75,000 will be paid out of Project No. CI2113, the American Rescue Plan Act. PREVIOUS COUNCIL ACTION: By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be distributed to the City from the American Recovery Plan Act (“ARPA”) for covered costs and eligible expenses to be incurred during the period which began on March 3, 2021 until December 31, 2024 (to be expended by December 31, 2026). BACKGROUND: The Agreement approved by the attached Ordinance requires PSA to provide the following programs and services: 1. FREE Symphony for Kids (SFK) Concerts: all fourth-grade students in Pueblo County (12 D-70 schools and 22 D-60 schools and 2 magnet schools) shall participate in this project for a total of 2,400 fourth grade students. This project shall be accessible to all Title I schools in both districts. Four (4) back-to-back concerts shall be presented in one day. Students shall be bused to and from Hoag Recital Hall. 2. Music Literacy Project: This project shall be open to all fourth-grade students, particularly those attending Title 1 schools. Students shall write in 1 of 3 categories and their essays shall be judged by a panel of community leaders. The top three places in each category shall receive cash awards and they shall be presented their awards at the SFK concert in May. Then in the following November, the students, their parents and their school music teacher shall attend the concert at no cost when their winning essays are presented to the public. 3. Adopt a Music Student: This project shall be provided for Middle school students to attend each season concert for FREE with their parents and school music teacher. 4. Workshop, Master Classes, and Mini Concert: This program shall be provided for high school and college students for FREE. The guest artists shall present workshops, master classes or mini concerts in schools and students shall have the opportunity to receive guidance from the guest artists. 5. Free Curtain Call tickets: Subject to space availability, any student presenting a current student ID issued by D-60, D-70, CSU-P or PCC, shall be provided a FREE ticket for any season concert. Parents, guardians or custodians accompanying a minor child, may purchase a ticket for $5. 6. Apprentice Players: Area students shall be given the opportunity to audition to be apprentice players in the Pueblo Symphony Orchestra (“PSO”). Apprentice players who are selected shall be paid an honorarium. 7. Student Performers as Guest Artists with the PSO: Musicians and choir members from local schools shall be given an opportunity to audition to perform with the PSO. If selected, they shall be given the opportunity to work with a professional symphony and a professional conductor. 8. Pueblo Youth Symphony: The Subrecipient shall sponsor the PYSO which shall be instructed by the PSO’s Conductor and a String Specialist. 9. Exceptional Students Program: Subrecipient shall use best efforts to bring students with disabilities to the SFK concerts. 10. Internships for Students: Students shall be given the opportunity to work for the PSA. Student interns shall be given the opportunity to work in PSA’s music library, office and with the Pueblo Youth Symphony. FINANCIAL IMPLICATIONS: PSA will receive $75,000 in ARPA funds from Project No.CI2113. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to support the Pueblo Symphony’s efforts to provide music education events and programs to Pueblo students. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Proposed Subrecipient Agreement. SUBRECIPIENT AGREEMENT THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this 8th day of August, 2022, (hereinafter"Effective Date") by and between the City of Pueblo, a Colorado municipal corporation, hereinafter referred to as the "City" and the Pueblo Symphony Association, Inc., a Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient" or "PSA." City and Subrecipient/PSA are sometimes each referred to as a "Party" and collectively "Parties." RECITALS The following recitals are incorporated in and made a part of this Agreement. WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter "ARPA"); and WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ("CFR"); and WHEREAS, by Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be distributed to the City from ARPA for covered costs and eligible expenses to be incurred during the period which began on March 3, 2021 until December 31 , 2024 (to be expended by December 31, 2026); and WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April 1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ("CFR"); and WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery Funds ("CLFRF")to respond to the COVID-19 public health emergency and the negative economic consequences resulting therefrom; and WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR 35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are responding to the negative economic impacts of the COVID-19 public health emergency; and WHEREAS, Subrecipient has requested that the City use CLRF Funds to provide music education events and programs to Pueblo students (hereinafter "Project"); and WHEREAS, the City desires to disburse funds from Project No. CI2113 to the Subrecipient to administer the Project and perform certain services in connection 1 therewith as set forth in this Agreement and in the Scope of Services attached hereto; and WHEREAS, Subrecipient has represented to the City that is duly qualified, eligible and willing to undertake the Project and provide the services identified herein and in the Scope of Services attached hereto. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto mutually agree as follows: 1. FACTUAL BASIS FOR THE GRANT AWARD (a) The Pueblo Symphony has been continuously performing concerts in the City for 93 years. In the last 20 years, PSA has collaborated with Pueblo School Districts 60 and 70 and Colorado State University-Pueblo (hereinafter "CSU-P") on various musical events and programs. (b) Subrecipient could not present its largest music education program, Symphony for Kids (hereinafter "SFK") because the Covid-19 pandemic. PSA's music education programs are provided FREE to Pueblo students. The SFK concerts alone are presented to all fourth-grade students in Pueblo County for a total of 2,400 students. Those students are bused to the CSU-P campus and 4 concerts are presented during one day to accommodate all of them. Adequate funding is needed to provide 10 music education programs to elementary, middle school, high school, and college level students in the community. (c) Subrecipient experienced a dramatic loss of income as a result of the Covid- 19 pandemic: Pre-COVID (2019-2020) COVID (2020-2021) Total Income Total Income $296,550.00 $177,600.00 (d) Subrecipient has been providing music education events and programs since 2001. PSA started with 3 programs and has expanded its services to 10 programs. With ARPA funds, all programs will be available to Pueblo students at no cost. 2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT (a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required to provide the City with the following information and documentation: 2 1. Federal SAM Unique Entity ID; 2. City Sales Tax License; 3. State Sales Tax License; 4. IRS designation as a 501(c)(3) nonprofit entity; and 5. Certificate of Good Standing from the Office of the Secretary of State. (b) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonably necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions of this Agreement. (c) Subrecipient warrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder; (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. 3. 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 Project. In the absence of such a designation, the City Mayor shall be deemed as City's authorized representative. 4. 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 the approved Project and are an eligible use of federal assistance under ARPA and federal regulations. 3 (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable Federal regulations including but not limited to those at 31 CFR Part 35, as presently promulgated and as same may be revised from time to time in the future, all other terms of this Agreement, and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in 31 CFR Part 35. (c) The aggregate of all payments made hereunder shall not exceed Seventy- Five Thousand Dollars (U.S. $75,000). Payment will be made within thirty (30) days following approval of this Agreement by the City Council of the City of Pueblo and execution of this Agreement by the Subrecipient. (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. 5. TERM OF PROJECT AND AGREEMENT (a) The term of the Project shall be from Effective Date set forth above to December 31, 2024 unless sooner terminated as herein provided. (b) The term of this Agreement shall be from the Effective Date set forth above to December 31, 2024 unless sooner terminated as herein provided. 6. 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 Mayor whose decision shall be final. The determination of the City as to the cause of termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. Cause for termination shall include any material failure by Subrecipient to comply with any term of this Agreement. (b) For Convenience: This Agreement may be terminated by City for convenience upon ten (10) days written notice to Subrecipient, which decision shall not be subject to appeal. (c) Post Expiration and Termination Procedures: Upon expiration or in the event of a prior termination, all remaining and unspent grant funds, shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such funds to the City. All finished or unfinished 4 documents, data, studies, reports, and work product prepared by the Subrecipient under this Agreement or with grant funds shall, at the option of the City, become City's property. 7. 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. 8. 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 this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations including but not limited to those set forth in 31 CFR Part 35 as presently promulgated and as same may be revised from time to time in the future. 9. 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 31 CFR 35. The Compliance Provisions attached as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The City, Comptroller General of the United States, the Inspector General of the U.S. Treasury and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipient which relate to this Agreement for making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may require copies of all Subrecipient's financial records relating to this Agreement to be turned over to City. 10. 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 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. 5 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. 11. 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 and activity reports. These records shall be retained by the Subrecipient for a period of three years after the completion of the Project. Financial and activity reports shall be submitted quarterly no later than the ninth day of the month following the end of the quarter for which the report is submitted. 12. 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. 13. LIABILITY AND 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 all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Subrecipient or out of any violation by Subrecipient of any statue, ordinance, rule or regulation. (b) During the term of the Project, Subrecipient shall maintain Workers' Compensation Insurance complying with statutory requirements in Colorado. 14. CERTIFICATIONS The Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, and Subrecipient's application for ARPA funds, both of which are hereby made a part of this Agreement. In the event of any conflict between the terms of this Agreement and Subrecipient's Application, this Agreement shall control. 6 15. REVERSION OF ASSETS (a) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination. (b) In the event City incurs any costs or expenses in enforcing the requirements of this paragraph 15 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 attorney's fees. 16. 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 this Agreement. The Subrecipient shall fill out the questionnaire attached as Exhibit D and submit the completed form to City's Finance Office as part of the signed Agreement. 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. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act § 24-10-101 to 120, C.R.S., or otherwise available under applicable law. 19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party. It is the express intention of the Parties that any person other than the Parties receiving services or benefits under the Agreement shall be deemed an incidental beneficiary only. 20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Party submits to the personal and subject matter 7 jurisdiction of such District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a trial by jury. 21. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the Agreement, Subrecipient waives and discharges City, its officers, agents and employees from any and all claims for any monetary damages whether such claims arise under tort, contract, statutory or any other law. 25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts and each such counterpart shall be deemed for all purposes to be an original and all such counterparts shall together constitute but one and the same original. 26. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient have the requisite power and authority to enter, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESS, WHEREOF, the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: CITY OF PUEBLO A COLORADO MUNICIPAL CORPORATION (A/a Scr; By r2`G.'�i41P City Cle Nicholas A Gradi r, Mayor [S E A L] 8 Subrecipient: PUEBLO SYMPHONY ASSOCIATION INC. A COLORADO NONPROFIT CORPORATION ATTEST: By By 4 . J _.. Signature Name Name Jimrie__ \--1 • ktr1Ci Title Title lirP(r u:VIV t -DICPC-761. 9 EXHIBIT A SCOPE OF SERVICES Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and the City. A. Performance Monitoring: The City will monitor the performance of the Subrecipient according to the Principal Tasks and Budget set forth herein. Substandard performance shall mean non-compliance with this Agreement. If actions to correct such substandard performance are not taken by the Subrecipient within a reasonable period of time after being so notified by the City, contract suspension or termination procedures may be initiated, in the sole discretion of the City. SUBRECIPIENT'S SCOPE OF SERVICES B. Principal Tasks The Subrecipient will be responsible for administering the Project. The Subrecipient will administer all tasks encompassed in the aforesaid Project in compliance with all applicable federal, state and local rules and regulations governing the Project, in a manner satisfactory to the City. The components of the Subrecipient's work plan under this Agreement shall be as follows: 1. FREE Symphony for Kids (SFK) Concerts: all fourth-grade students in Pueblo County (12 D-70 schools and 22 D-60 schools and 2 magnet schools) shall participate in this project for a total of 2,400 fourth grade students. This project shall be accessible to all Title I schools in both districts. Four (4) back-to-back concerts shall be presented in one day. Students shall be bused to and from Hoag Recital Hall. 2. Music Literacy Project: This project shall be open to all fourth-grade students, particularly those attending Title 1 schools. Students shall write in 1 of 3 categories and their essays shall be judged by a panel of community leaders. The top three places in each category shall receive cash awards and they shall be presented their awards at the SFK concert in May. Then in the following November, the students, their parents and their school music teacher shall attend the concert at no cost when their winning essays are presented to the public. 3. Adopt a Music Student: This project shall be provided for Middle school students to attend each season concert for FREE with their parents and school music teacher. 4. Workshop, Master Classes, and Mini Concert: This program shall be provided for high school and college students for FREE. The guest artists shall present workshops, master classes or mini concerts in schools and students shall have the opportunity to receive guidance from the guest artists. 5. Free Curtain Call tickets: Subject to space availability, any student presenting a current student ID issued by D-60, D-70, CSU-P or PCC, shall be provided a FREE ticket for any season concert. Parents, guardians or custodians accompanying a minor child, may purchase a ticket for $5. 10 6. Apprentice Players: Area students shall be given the opportunity to audition to be apprentice players in the Pueblo Symphony Orchestra ("PSO"). Apprentice players who are selected shall be paid an honorarium. 7. Student Performers as Guest Artists with the PSO: Musicians and choir members from local schools shall be given an opportunity to audition to perform with the PSO. If selected, they shall be given the opportunity to work with a professional symphony and a professional conductor. 8. Pueblo Youth Symphony: The Subrecipient shall sponsor the PYSO which shall be instructed by the PSO's Conductor and a String Specialist. 9. Exceptional Students Program: Subrecipient shall use best efforts to bring students with disabilities to the SFK concerts. 10. Internships for Students: Students shall be given the opportunity to work for the PSA. Student interns shall be given the opportunity to work in PSA's music library, office and with the Pueblo Youth Symphony. 11 EXHIBIT C CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with all applicable municipal, state and federal statutes and regulations, including hut not limited to the following: Municipal and State (1) The Charter, Municipal Code and the Rules and Regulations of the City of Pueblo, including but not limited to,the legal obligation to obtain all required licenses and permits from the City of Pueblo. (2) The Constitution, Colorado Revised Statutes and the Rules and Regulations of the State of Colorado, including, but not limited to, the legal obligation to obtain all required licenses and permits from the State of Colorado. Federal (I) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et sec.) and implementing regulations issued at 24 CFR Part I; (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-I12), 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; 12 (I l) 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 ('FR 570, A-87, A-I 10, 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 (t) 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. 153 I 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 (2 1) 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, 13 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). 14 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) Arc you,or do you employ or engage in any capacity.including an ind9pendent contractor,a PERA Retiree who will perform any services for the City of Pueblo? Yes , No X. 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 U l1 2.07,,Z-- 20 ^ By: i Name: . ' , W\ Title: L- XQ c---t ' C ( For purposes of responding to question(h)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, hall-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 pertormance of services fir the('ity of Puehlo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 15