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HomeMy WebLinkAbout7925RESOLUTION NO. 7925 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICI- PAL CORPORATION, AND PUEBLO COUNTY HEAD START PARENTS, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo as grantee for the Pueblo Head Start Program has received an additional $220,793.00 for the current program year for a new total of $1,879,380.00; and WHEREAS, an amendment to the existing agreement between the City of Pueblo as a municipal corporation and Pueblo County Head Start Parents, Inc., must be approved for the utilization of the funds; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 Amendment No. 2 to the Agreement for Delegation of Activities between the City of Pueblo, a municipal corporation, and Pueblo Head Start Parents, Inc., a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said agreement on behalf of the City of Pueblo, a municipal corporation, and the City Clerk shall affix the seal of the City hereto and attest same. ATTESTED BY: ITY CLERK INTRODUCED: AUGUST 12, 1996 BY: Patrick Avalos COUNCIL PERSON APPROVED: P SIDENT THE CITY COUNCIL AGREEMENT FOR DELEGATION OF ACTIVITIES BETWEEN THE CITY OF PUEBLO, AND PUEBLO COUNTY HEAD START PARENTS, INC. This agreement entered into as of February 1, 1996, including all attach- ments and conditions annexed hereto (Attachments A — Reports, B— Records, C— Monitoring and Evaluation, and D— Budgets, which are expressly made a part hereof), shall govern certain activities of the Pueblo County Head Start Parents, Inc., financed under the Department of Health and Human Services Grant No. #08CH0024/23, Base Grant PA22, and Training and Technical Assistance Grant PA20, in the amount of $1,879,380 (collectively the "Grant ") for the period of 02- 01 -96 to 01- 31 -97, which is to be carried out by Pueblo County Head Start Parents, Inc., hereinafter referred to as the "Delegate," on behalf of the City of Pueblo, hereinafter referred to as the "Grantee." Notwithstanding any other provision of this agreement, this agreement shall terminate on January 31, 1997. The Grantee and Delegate agree as follows: 1. Work To Be Performed The Delegate shall, in a satisfactory manner as determined by the Grantee and in compliance with the approved work program and Budget, perform all activities described in the Grant which are incorporated herein as if set out in full. Delegate acknowledges receipt of copies of the Grant. - 1 - 2. Compliance With Approved Program and Federal Regulations All activities authorized by this Agreement will be performed in accordance with the approved work program, the approved Budget, the Grant conditions, applicable Grant Regulations, and relevant Administration on Children and Families, herein called A.C.F. directives, regulations, guidelines, and required assurances including without limitation Title 45 of the Code of Federal Regulations, Part 74.4 (Delegate acknowledges it is subject to substantive provisions of Title 45, Part 74 of the Code of Federal Regulations and will comply with all applicable provisions thereof). 3. Reports, Records, and Evaluation The Delegate agrees to submit to the Grantee, on a timely basis, such reports as may be required by A.C.F. directives, regulations and guidelines or by the Grantee, including the reports listed in Attachment "A" according to the schedule therein set out. The Delegate also agrees to prepare, retain, and permit the Grantee to inspect as it deems necessary (in addition to inspection authorized by the conditions in the Grant) the records listed in Attachment "B" as well as other records that may be required by relevant A.C.F. directives. The Delegate further agrees that the Grantee may carry out monitoring and evaluation activities to include, at a minimum, those listed in Attachment "C" and will effectively ensure the cooperation of the Delegate's employees, agents, and Board of Directors in such efforts. - 2 - 4. Changes The Grantee may, from time -to -time, request changes in the scope of services and activities of the Delegate to be performed hereunder. Such changes, including any increase or decrease in the amount of the Delegate's compensation, which are mutually agreed upon by and between the Grantee and the Delegate, must be incorporated in written amendments to this Agreement and after such incorporation shall become a part of this Agreement as if set out in full. 5. Compliance with Laws The Delegate shall comply with all applicable laws, ordinances, rules, regulations, and codes of federal, state, and local governments. These include, but are not limited to, the following federal statutes and implementing regulations: The Economic Opportunity Act of 1964, the Civil Rights Act of 1964, the Rehabilitative Act of 1973, the Civil Rights Act of 1968, the Privacy Act of 1974, the Lead - Based Paint Poisoning Prevention Act, the Health Promotion Act of 1976, the Flood Disaster Protection Act of 1973, the Age Discrimination Act of 1975, and the Single Audit Act of 1984. 6. Covenant Against Contingent Fees The Delegate warrants that no person or organization has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the Grantee shall have the right to terminate this Agreement or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or to seek such other remedies as legally may be available. - 3 - 7. Schedule of Payments Subject to receipt by Grantee of authorized Grant funds, the Grantee agrees to advance funds to the Delegate for authorized expenditures made in conformance with the Delegate's approved Budget. Delegate will submit all vouchers to the Grantee who will approve or disapprove payment within 10 days of receipt of the vouchers. No vouchers shall be paid until after approval by the Grantee. Submittal of the vouchers to support payment will be under the Grantee's accounting procedures established or approved by the Grantee's Director of Finance. Grantee shall not be liable for or be responsible to reimburse Delegate for any unauthorized expenditures. Delegate understands and agrees that two and one -half percent (2.5 %) of the Grant will be retained by Grantee for its administrative services with respect to the Grant and this Agreement; and, therefore, the maximum grant funds available to Delegate under this Agreement is ninety -seven and one -half percent (97.5 %) of the amount of the Grant set forth on page 1 of this Agreement. 8. Termination The Grantee may be given 10 days written notice specifying the effective date to terminate this Agreement in whole or in part for cause, which shall include: (a) failure, for any reason of the Delegate to fulfill in a timely and proper manner its obligations under this Agreement including compliance with the approved work program and attached conditions, with statutes and Executive Orders, and with such A.C.F. directives, regulations, and guidelines as may become applicable at any time; (b) submission by the Delegate to A.C.F. or the Grantee of reports that are incorrect or incomplete in any material respect; (c) ineffective or improper use of - 4 - funds provided under this Agreement; and (d) suspension or termination by A.C.F. of the Grant to the Grantee under which this Agreement is made, or the portion thereof delegated by this Agreement. If the Delegate is unable or unwilling to comply with such additional conditions as may be lawfully applied by A.C.F. to the Grant or to the Grantee, the Grantee or Delegate may terminate this Agreement by giving 10 days prior written notice to other party, signifying the effective date thereof. In such event the Grantee may require the Delegate to ensure that adequate arrangements have been made for the transfer of the delegate activities to another Delegate acceptable to Grantee. In the event of any such termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Delegate under this Agreement or prior Agreements shall be disposed of according to A.C.F. directives, and the Delegate shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Agreement to the date of such termination. Notwithstanding the above, the Delegate shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by Delegate, and the Grantee may withhold any reimbursement to the Delegate for the purpose of set off until such time as the exact amount of damages due the Grantee from the Delegate is agreed upon or otherwise determined. 9. Non - Federal Share The Delegate shall be responsible for securing sufficient cash and /or in -kind services to meet the entire non - federal share required by the Grant conditions. - 5 - 10. Review of New Directives The Grantee will submit promptly to the Delegate for comment those proposed additional directives that it receives from A.C.F. for comment. 11. Project Director Delegate shall employ a Project Director selected by the Delegate Board of Pueblo County Head Start Parents, Inc. The Project Director under the supervision and control of the Board of Directors of Delegate shall be the Chief Executive Officer of the Delegate. 12. Executive Director The City Manager, as Chief Executive Officer of the Grantee, or his authorized representative, shall be considered the Executive Director of the Grantee; and upon request by Delegate, will consult with Delegate's Board. 13. Cooperation with Grantee's Agents The Department of Planning and Development, herein called DPD, and the Department of Finance of Grantee shall each serve in an advisory capacity to the City Council which serves as the Governing Board of the Grantee, and to the City Manager, as Executive Director of the Grantee. Delegate shall cooperate with DPD and Department of Finance in the performance of their responsibilities in such advisory capacity. Policy direction relating to the Head Start Program, grants formulation, and performance shall flow from the City Council of Grantee to the Delegate Board with the understanding that the Delegate shall be responsible for ultimate performance, and the Grantee shall retain authority to make ultimate policy decisions as provided by A.C.F. directives, regulations, and guidelines. 14. Relationship Nothing herein contained nor the relationship of Delegate to the other parties hereto, which relationship is specifically declared to be that of an Independent Contractor, shall make or be construed to make Delegate or any of Delegate's agents or employees the agents or employees of the Grantee. Delegate shall be solely and entirely responsible for its acts and the acts of its agents, employees, and subcontractors. 15. Liability As to Grantee, Delegate agrees to assume the risk of all personal injuries, including but not limited to death and bodily injury to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance of this Agreement by Delegate or by the conditions created thereby. Delegate further agrees to indemnify and save harmless Grantee, its officers, agents, and employees from and against any and all claims, liabilities, judgments, penalties, costs, expenses, including reasonable attorney fees arising from such injuries to persons or damages to property based upon or arising out of the performance or nonperformance of this Agreement by Delegate or out of any violation by Delegate of any statute, ordinance, rule, or regulation. The provision of this Section 15 and the last paragraph of Section 8 of this Agreement shall survive the termination of this Agreement. 16. Insurance Delegate shall obtain and keep in force during the term of this Agreement comprehensive general public liability insurance with limits of not less than $600,000 per occurrence and $150,000 per person for both personal injury and property damage. - 7 - A certificate evidencing such insurance shall be filed with Grantee's Director of Finance prior to commencement of the terms of this Agreement. 17. Amendments No addition, alteration, amendment, or modification of the terms of this Agreement, nor verbal understandings of the parties, officers thereof, agents, or employees, shall be valid unless reduced to writing and executed by the parties hereto. 18. Entire Agreement This Agreement supersedes all prior agreements and understandings of the parties hereto relating to the subject matter of Agreement and incorporates the full and complete agreement and understanding of the parties. IN WITNESS WHEREOF, the Grantee and the Delegate have executed this Agreement as of the date first above written. DELEGATE GRANTEE PUEBLO COUNTY HEAD START CITY OF PUEBLO, A MUNICIPAL CORPORATION PARENTS, INC. BY �� BY President of the Board P esident of the Council ATTEST: ATTEST: lc� 1z i °-- Secretary y Clerk APPROVED AS TO FORM: City Attorney ATTACHMENT A Reports The following reports will be submitted by the Delegate to the Grantee. There are two (2) types of reports generally required, special reports and routine reporting. It is understood that it is the responsibility of the Project Director and Chairman of the Delegate Board to transmit these reports within the time frames established by the A.C.F. guidelines and the Grantee. 1. Special Reports A. Special reports will be submitted to the Department of Planning and Development —one (1) copy. B. The special reports that are required are as follows: (1) The Annual Work Program and any funding agency support documents as may be required, due 120 days prior to the end of the current program year. (2) Budget reports filed annually and detailed budgets that are prepared in conjunction with the Annual Work Program. (3) Any additional funding proposals submitted by Delegate during the program year. (4) Inventory and Inventory Certification Reports as required annually by the Grantee, due 75 days before the end of project. (5) Quarterly Program Progress Review required by the Grantee. - A(1) - (6) A Program Self- Evaluation Report at the end of the School Calendar year to coincide with the submission of A.C.F. Self- Assessment Validation Instruments (S.A.V.I.). 2. Routine Reports A. Routine Reports will be submitted to the Department of Planning and Development —one (1) copy. B. The following routine reports will be submitted as specified: (1) Minutes of all Delegate Board and Policy Council Meetings and all monthly financial and narrative reports that have been submitted to the Delegate Board for their approval at said meeting —one packet to be submitted monthly prior to meeting dates. (2) The reports must be approved by the Chairman of the Delegate Board prior to submission to the Grantee. - A(2) - ATTACHMENT B Records The following financial books and record will be maintained by Delegate as a minimum: 1. A double -entry accrual set of account books. 2. Properly authorized requisitions, purchase orders, and payment vouchers to support each expenditure. 3. A file of minutes of all meetings. 4. Records of cash and /or in -kind contributions signed by the contributor. 5. Time sheets signed by each employee and certified by their supervisor. 6. A personnel file on each employee. 7. A record of the attendance of all meetings initiated and /or organized by Delegate. 8. An up -to -date inventory of all equipment in possession of Delegate specifying its location. 9. A portfolio of insurance coverage as required by 45 C.F.R. 1301.2 -2 (a). 10. Such other records as may be required from time -to -time. ATTACHMENT C Monitoring and Evaluation The City of Pueblo, as Grantee, has appointed its Department of Planning and Development (DPD) as its monitoring agency for the Head Start Delegate Agency, to determine whether the project is being carried out according to the Work Program and Budget which have been approved by the Grantee. Such monitoring activities shall include the following: 1. Monthly Activities to include DPD staff attendance at the (Delegate Agency's) Board meetings to act as representatives and observers for the Grantee and review of minutes and reports which are routinely submitted to the Grantee. 2. Annually —DPD shall conduct a monitoring review of the Delegate as may be directed by the Delegate Board and the Grantee and shall report its findings to the Delegate Board for comment and evaluation and then to the City Manager of Grantee by the Delegate Board. DPD will look at both the program and budget aspects during this review and may conduct the undernoted activities: (a) Interviews with Board Members and /or Staff and Representatives of I_W912 (b) Analysis of records and books. (c) Interviews with clients and community agencies. (d) Interviews with City Officials regarding the program. -C(1)-