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HomeMy WebLinkAbout8330RESOLUTION N0, 8 A RESOLUTION APPROVING AMENDMENT NO. 1 FOR DELE- GATION OF ACTIVITIES BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY HEAD START PARENTS, INC., AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO DO THE SAME WHEREAS, the City of Pueblo is the grantee for the Pueblo Head Start Program, Inc.; and WHEREAS, the Pueblo Head Start Parents, Inc., is the Delegate Agency for administering the Head Start Program; and WHEREAS, the current Agreement for Delegation of Activities between the City of Pueblo and the Pueblo County Head Start Parents, Inc., ends on January 31, 1998; and WHEREAS, the current agreement must be extended until the new guidance rules are made available by the Federal grantor agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: cr_r�_MnKl 11 The Amendment to the 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. The President of the City Council is authorized and directed to affix the seal of the City hereto and attest same. INTRODUCED: JANUARY 26, 1998 BY: Robert Schilling COUNCIL PERSON ATTESTED BY: APPROVED: r CITY CLERK PRESIDENT OF THE CITY COUNCIL # 9339 -Cou nci I Agenda 2n,�� 1-2b-gy A RESOLUTION APPROVING AMENDMENT NO. 1 FOR THE DELEGATION OF ACTIVITIES BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY HEAD START PARENTS, INC., Title AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO DO SAME Agenda Item # Department PLANNING & DEVELOPMENT Date JANUARY 26, 1998 ISSUE Should the City of Pueblo approve the attached amendment to the Agreement for the Delegation of Activities between the City of Pueblo and Pueblo County Head Start Parents, Inc.? RECOMMENDATION Approval of the Resolution. BACKGROUND The current agreement ends January 31, 1998. Normally, a new annual agreement between the City of Pueblo, as the grantee for the Head Start program, and Pueblo County Head Start Parents, Inc., would have been submitted for Council's consideration prior to the end of the agreement period. A new set of Federal regulations regarding Head Start has been developed for the first time in over twenty years. The guidance rules for those regulations have not yet been made available. The proposed amendment would enable Head Start to continue serving its children and families until the new guidance rules are available. As the new rules are published, they would then be incorporated in a new annual agreement. With the approval of the amendment, the Head Start program can continue to operate without disruption. akjnm� ILI I AMENDMENT NO. 1 TO AGREEMENT FOR DELEGATION OF ACTIVITIES THIS AMENDMENT NO. 1 To Agreement For Delegation of Activities is made and entered into this day of February, 1998 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Grantee ") and Pueblo County Head Start Parents, Inc., (hereinafter referred to as "Delegate "). WHEREAS, Grantee and Delegate have heretofore entered into an Agreement dated February 1, 1997 (hereinafter "the Agreement ") wherein Delegate agreed to perform and provide activities and services on behalf of Grantee in fulfillment of grants provided to Grantee by the U.S. Department of Health and Human Services (hereinafter referred to as "HHS ") to -wit: Grants No. 08CH0024/25, Base Grant PA 22 and Technical Assistance Grant PA 20, and in complete accordance with the terms of said grants and applicable HHS regulations, including but not limited to those set forth at 45 CFR Part 74 and Parts 1301 to 1308; and WHEREAS, the parties desire that the work and activities performed by Delegate continue under a new agreement to be negotiated covering the period from February 1, 1998 through January 31, 1999; and WHEREAS, Grantee and Delegate will be required to implement program changes to comply with amended regulations issued by HHS and published at 61 Fed. Reg. 57186 (Nov. 5, 1996) (the "'96 Regulations "); and WHEREAS, HHS anticipates publishing guidance documents and materials relating to the '96 Regulations in the immediate future which may affect implementation of the '96 Regulations; and WHEREAS, pending publication of the guidance documents and materials by HHS and implementation of program revisions by Grantee and Delegate, it is desirable that the program continue and that the Agreement be extended until the parties can fully implement program changes required by the '96 Regulations and guidance documents and negotiate a new agreement incorporating such changes. NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows: 1. The Agreement is amended by revising the unnumbered first paragraph of the Agreement to substitute the termination date of March 31, 1998 for the present termination date of January 31, 1998. 2. Paragraph No. 1 of the Agreement is amended by the addition of the following text thereto: During the period from February 1, 1998 to March 31, 1998, Delegate shall perform all activities required by Grant Application and Budget which are applicable to the extended term of the Agreement, and shall commence and expeditiously pursue program changes to fully implement HHS regulations published at 61 Fed. Reg. 57186 (the `96 Regulations ") by March 31, 1998, to the greatest extent feasible. 3. Paragraph No. 2 of the Agreement is amended by the addition of the following text thereto: In addition to the foregoing, Delegate shall comply with the regulations set forth in 45 CFR Parts 1301 -1308. To the extent program changes are required to fully comply with those changes to 45 CFR Parts 1301 -1308 made by the '96 Regulations, Delegate shall commence and expeditiously pursue and implement said program changes. 4. Paragraph 5 of the Agreement is amended by adding to the end of the last sentence the phrase " ... and the Head Start Reauthorization Act of 1994." Paragraph 7 of the Agreement is amended by the addition of the following text thereto: Delegate understands and agrees that in no event shall Grantee be liable to Delegate for any payment or reimbursement whatsoever unless and until all conditions precedent to payment have been fully satisfied and Grantee receives Grant funds therefor from the U.S. Department of Health and Human Services ( "HHS "). In the event HHS requires Grantee to pay back or return to HHS any Grant funds due to noncompliance with Grant terms and conditions or applicable regulations (including without limitation, the '96 Regulations), Delegate shall forthwith be liable to Grantee for the full amount of such funds which shall become immediately due and payable to Grantee. 6. Except as expressly modified by this Amendment No. 1, the Agreement (including any prior amendments) shall remain in full force and effect. Any obligations remaining to be performed under the original Agreement by either party, including but not limited to those relating to the services to be performed by Delegate, or any compensation payable therefor, are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 1. IN WITNESS WHEREOF, Grantee and Delegate have executed this Amendment No. 1 To The Agreement For Delegataion of Activities as of the date first above written. GRANTEE CITY OF PUEBLO, A MUNICIPAL CORPORATION DELEGATE PUEBLO COUNTY HEAD START PARENTS, INC. -2- By Q President o the C' y Council ATTEST: City Cler APPROVED AS TO FORM: City Attorney r--f' By Presi ent of the Board A ATTEST: Secretary 9911