HomeMy WebLinkAbout8136RESOLUTION NO. 8136
A RESOLUTION APPROVING AN AGREEMENT FOR
THE DELEGATION OF ACTIVITIES BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND
PUEBLO COUNTY HEAD START PARENTS, INC.,
AND AUTHORIZING THE PRESIDENT OF THE
COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo grantee for the Head
Start Program has received an additional $121,107.00 for the
current program year for a new total of $2,000,487.00; and
WHEREAS, the current Delegation Agreement between the
City of Pueblo and Pueblo County Head Start Parents, Inc., must be
amended to use these additional funds; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PUEBLO, COLORADO, that:
SECTION 1
Amendment No. 1 to the Agreement for Delegation of
Activities between Pueblo, a Municipal Corporation and Pueblo
County 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. The President of the City
Council is authorized and directed to affix the seal of the City
hereto and attest same.
INTRODUCED: MAY 27, 1997
BY: Fay B. Kastelic
COUNCIL PERSON
APPROVED:
PRESIDENT F CITY COUNCIL
ATTEST:
ITY CLERK
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, 1997, including all attachments
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.
#08CH0024/25, Base Grant PA22, and Training and Technical Assistance Grant
PA20, in the amount of $2,000,487.00 (collectively the "Grant ") for the period of
02 -01 -97 to 01- 31 -98, 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, 1998.
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 all
Grant Applications
(the "approved work program ")
and Budget,
perform all activities
described in the
Grant and Grant Applications
which are
incorporated herein as if set out in full. Delegate acknowledges receipt of copies of
the Grant and all Grant Applications.
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2. Compliance With Approved Program and Federal Regulations
All activities authorized by this Agreement will be performed by Delegate 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 the 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.
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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.
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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 terminate this Agreement for cause by giving 10 days prior
written notice to delegate specifying the grounds for termination and the effective
date of termination. Cause shall include, but not be limited to: (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 funds provided under this
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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, specifying 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.
WE
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.
IN=
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 or non-
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.
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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
PUEBLO CO Y HEAD START
PARENTS, INC.
BYE.__ ���•
President of tKel BoArd
GRANTEE
CiT`' OF PUEBLO,
A MUNICIPAL CORPORATION
t�
BY
PF-.sidenf of the Council
ATTEST:
ATTEST:
�faat,&Jz `' T �
Secretar City Clerk
APPROVED AS TO FORM:
��, , k.-IXi 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;
-A(1)-
(5) Quarterly Program Progress Review required by the Grantee.
(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.
MMus
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 terms and
provisions of this Agreement, including without limitation, 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
A.C.F.
(b) Analysis of records and books.
(c) Interviews with clients and community agencies.
(d) Interviews with City Officials regarding the program.
-C(1)-