HomeMy WebLinkAbout08902RESOLUTION NO. 8902
A RESOLUTION APPROVING AN AGREEMENT FOR
DELEGATION OF ACTIVITIES BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND PUEBLO COUNTY
HEAD START PARENTS, INC., AND AUTHORIZING
THE PRESIDENT TO THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE PRESIDENT OF THE CITY COUNCIL OF
PUEBLO, COLORADO, that:
SECTION 1.
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 to execute and deliver the Agreement in the name
of the City and the City Clerk is authorized and directed to affix the seal of
the City hereto and attest same.
INTRODUCED: January 24 , 2000
BY: Robert Schillin
Councilperson
ATTESTED BY: AJPO D:
City '
k reident of the City Council
A RESOLUTION APPROVING AN AGREEMENT FOR DELEGATION
OF ACTIVITIES BETWEEN PUEBLO, A MUNICIPAL CORPORATION
Title AND PUEBLO COUNTY HEAD START PARENTS, .INC. , Agenda Item #
AND AUTHORIZING THE PRESIDENT TO THE CITY COUNC
TO EXECUTE SAME
Department: PLANNING & DEVELOPMENT Date:
ISSUE: Should the City Council renew the annual Delegation
Agreement with Pueblo County Head Start Parents, Inc.?
RECOMMENDATION Approval of this Resolution.
BACKGROUND The City of Pueblo is annually asked to continue
acting as grantee for the federally sponsored Head Start Program.
As part of the Agreement, the actual operation and related services
are delegated to Pueblo County Head Start Parents, Inc.
The federal funds are matched by in -kind services, which consist of
the value of the hours provided by volunteers.
Federal and in -kind funds for the next year amount to $2,734,605
and there will be 484 children and their families to be serviced in
this pre - school program for low income families. The program
operates from September through May and provides specialized
training in education with supportive services in the areas of
health, dental, and nutrition. Special segments exist for family
involvement and staff development.
FINANCIAL IMPACT The total amount of the grant is $2,734,605 in
federal funds and in -kind services.
I a =L
AGREEMENT FOR
DELEGATION OF ACTIVITIES BETWEEN THE CITY OF PUEBLO, AND
PUEBLO COUNTY HEAD START PARENTS, INC.
The Agreement entered into as of February 1, 2000, 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. 08CH0024/27, Base Grant
PA22, and Training and Technical Assistance Grant PA20, in the amount of
$2,734,605 (collectively the "Grant ") for the period of 02 -01 -2000 to 01 -31 -2001,
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, 2001.
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 is incorporated herein as if set out in full. Delegate
acknowledges receipt of copies of the Grant.
During the period from February 1, 2000, to January 31, 2001, Delegate shall
perform all activities required by the Grant, Grant Application, and Budget which are
applicable to the terms of the Agreement and shall comply with HHS regulations
published at 61 Fed. Reg. 57186 (the "96 Regulations ").
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). 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 comply, and program changes will be made by Delegate subject to prior
written approval of Grantee.
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, 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 general 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, and the Head Start Reauthorization Act of 1994.
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.
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.
3
Delegate will submit all vouchers to the Grantee who will approve or disapprove
payment within ten (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 expenditure.
Delegate understands that two and one -half percent (2.5 %) of the Grant may
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 my be ninety -seven and one -half percent (97.5 %) of the amount of
the Grant set forth on Page 1 of this Agreement.
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.
8. Termination
This Agreement may be terminated by Grantee upon ten (10) days written
notice given to Delegate specifying the effective date of termination, 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
without limitation, 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
4
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
Agreement; and (d) suspension or termination by A.C.F. of the Grant to the Grantee
under which 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 ten (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's 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.
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.
5
1 1. Project Director
Delegate shall employ a Project Director selected by the Board of Directors of
Delegate ( "Delegate's Board "). The Project Director under the supervision and control
of the Delegate's Board 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's 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. directive, 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.
a
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; (a) from such injuries to persons or damages to
property based upon or related to the performance or nonperformance of this
Agreement by Delegate or; and (b) 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. 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.
7
IN WITNESSES WHEREOF, the Grantee and the Delegate has executed this
Agreement as of the date first above written.
DELEGATE:
PUEBLO COUNTY HEAD START
PA4...
BY
nt " of the Board
GRANTEE:
CITY OVPB O, A MUN CI AL CORPORATION
BY
resident of the City Council
ATTEST:
Secretary
APPROVED AS TO FORM:
City Attorn
ATTEST:
City erk
0
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 are due one - hundred and twenty (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 are due seventy -five (75) days before the end of project.
(5) A 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. Special Reports
A. Routine Reports will be submitted to the Department of Planning and
Development —one (1) copy.
man
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 records will be maintained by Delegates 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.
IMM
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
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)-
PUEBLO COUNTY HEADSTART PARENTS INC.
2000- 2001 BUDGET
BASE GRANT
SALARIES
1225082
HEALTH INSURANCE
187440
FICA TAXES
93719
WORKER'S COMP.
21895
UNEMPLOYMENT
43740
EQUWMENT
42000
DIRECT PROGRAM COMPUTER SUPPLIES
8000
OFFICE
11000
CLASSROOM SUPPLIES 15 @ S1800.00 EA.
27000
LIBRARY SUPPLIES
10000
MEDICAL/DENTAL
3000
FAMILY SERVICES
2000
TRANSITION
1000
PLAYGROUND
5669
GRANTEE -ADMM. EXP. (�, 2 1/2 - A
54692
RENTAL OF FACILITIES
34644
PHONE
25000
POSTAGE
6000
INSURANCE
46000
UT'ILMES
44000
REPAIRS & MAINTENANCE
30000
LOCAL STAFF TRAVEL
5000
AUDIT
10000
DENTAL SERVICES
10000
PUPIL TRANSPORTATION - GAS & FLUIDS
18714
FOOD SERVICE - PARENTS & VOLUNTEERS
40000
PARENT & BOARD TRAININGS
2399
STAFF TRAINING
16200
VEHICLE REPAIRS
20500
PARENT ACTIVITIES - $10.00 PER CHILD
4840
MEDICAL SERVICES
2500
RECRUITMENT
3500
LEGAL SERVICES
2000
TRANSITION TRAINING
1500
OTHER SERVICES & CHARGES
18000
TRAINING GRANT
30168
TOTAL RASE GRANT & TRAINING
2107202
11412000
7 A r5h
PUEBLO COUNTY HEADSTART PARENTS INC.
2000.2001 BUDGET
HANDICAP GRANT
SALARIES
HEALTH INSURANCE
FICA TAXES
WORKEWS COMP,
UNEMPLOYMENT
LOCAL STAFF TRAVEL
TRAVEL
OFFICE
CLASSROOM
SPEECH THERAPY
MEDICAL
DENTAL
TESTING
NLr R T' ON
MENTAL HEALTH
'TRAINING MATERLALS*
HEALTH SCREENING - APPRX. 500 CHILDREN
COMMUNICATION*
LOCAL TRAVEL*
POSTAGE
PHYSICAL THERAPY
SPEECH DIAGNOSIS AND TREATMENT
MENTAL HEALTH
NUTRI L AL EVALUATION & EDUCATION
TOTAL HANDICAP
TOTAL FEDERAL. SHARE
24%7
5280
]410
783
417
225
600
1500
1000
500
2500
500
500
500
500
1000
1000
500
800
500
3000
6000
6000
20000
80482
INKIND MATCHING
2187684
546921
TOTAL GRANT $2,73a,so5
1/412000
to 18 YVA tT:7T nn/en /Tn