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:
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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
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-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.
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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.
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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
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