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HomeMy WebLinkAbout5146RESOLUTION NO. ,14r, A RESOLUTION APPROVING A DELEGATE AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY HEAD START PARENTS, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO that: SECTION I. The Delegate Agreement between the City of Pueblo 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. SECTION 2 The President of the City Council is authorized and directed to execute said Delegate Agreement on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED play 9 1983 BY ISAAC C. DURAN Councilman APPROVED . President of the Council ATTEST: Ci Cle k AGREEMENT FOR DELEGATION OF ACTIVITIES BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY HEAD START PARENTS, INC. This Agreement entered into as of including all attachments and conditions annexed hereto (Attachments A, B and C which are expressly made a part hereof), shall govern certain 1983 activities of the Delegate Board of Pueblo County Head Start Parents, Inc. financed under the Department of Health and Human Services Base Grant, and Health /Handicapped grants which are 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." The Grantee and Delegate agree as follows: I. Work To Be Performed The Delegate shall, in a satisfactory manner as determined by the Grantee and in compliance with the approved work program, perform all activities in the Department of Health, Education and Welfare's Administration for Children, Youth and Families Base and Health /Handicapped grants which are incorporated herein as if set out in full. 2. Compliance With Approved Program All activities authorized by this Agreement will be performed in accordance with the approved work program, the approved budget, the grant conditions and relevant Administration on Children, Youth and Families, herein called A.C.Y.F., directives, regulations and guide- lines. 3. Reports, Records & Evaluations The Delegate agrees to submit to the Grantee such reports as may be required by A.C.Y.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 and retain, and permit the Grantee to inspect as it seems necessary (in addition to inspection authorized by the conditions in the grant from A.C.Y.F.) the records listed in Attachment "B" as well as all other records that may be required by relevant A.C.Y.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. 4. Changes The Grantee may, from time to time, request changes in the scope of the 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 contract 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. 6. Covenant Against Contingent Fees The Delegate warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a com- mission, percentage, brokerage, or contingent fee. For breach or violation of this warrant the Grantee shall have the right to terminate this contract without liability or, in its discretion, to deduct from the contract 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 of A.C.Y.F.'s authorization of 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. 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. 8. Termination The Grantee may, after consultation with A.C.Y.F., and by giving 10 days written notice specifying the effective date, terminate this contract 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 contract, including compliance with the approved program and attached conditions, with statutes and Executive Orders, and with such A.C.Y.F. directives, regulations and guidelines as may become generally applicable at any time; (b) submission by the Delegate to A.C.Y.F. or to the Grantee of reports that are incorrect or incomplete in any material respect; (c) ineffective or improper use of funds provided under this contract; and (d) suspension or termination by A.C.Y.F. of the grant to the Grantee under which this contract is made, or the portion thereof delegated by this contract. If the Delegate is unable or unwilling to comply with such additional con- ditions as may be lawfully applied by A.C.Y.F. to the grant or to the Grantee, the Delegate shall terminate the contract by giving 10 days written notice to the Grantee, 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 or to the Grantee. In the event of any termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Delegate under this contract shall be disposed of according to A.C.Y.F. directives, and the Delegate shall be entitled to compensation for any unreimbursed expenses reasonable and necessarily incurred in satisfactory performance of the contract. 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 the contract by the 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 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.Y.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 Delegate. 12. Executive Director The City Manager, as Chief Executive Officer of the Grantee, shall be considered the Executive Director of the Grantee. 13. Cooperation With Grantee's Agents The Human Resources Commission of the Pueblo Area Council of Governments, herein called HRC, 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 HRC 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 understand- ing that the Delegate shall be responsible for ultimate performance and the Grantee shall be responsible for ultimate policy decisions as provided by A.C.Y.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 sub - contractors. 15• Liability As to Grantee, Delegate agrees to assume the risk of all personnel injuries, including death resulting therefrom, 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, costs, expenses, penalties or attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance of this Agreement by Delegate or out of any violation by Delegate or any statute, ordinance, rule or regulation. Delegate shall obtain and keep in force during the term of this Agreement comprehensive general public liability insurance in amounts of $400,000 personal injury per occur- rence and $50,000 property damage per occurrence. Said policies of insurance shall name the Grantee as an additional insured and certificates thereof shall be filed with Grantee's Director of Finance. 16. 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. 17. Entire Agreement This Agreement supersedes all prior agreements and understandings of the parties hereto relating to the subject matter of the Agreement and incorporates the full and complete agreement of the parties. IN WITNESS WHEREOF, the Grantee and the Delegate have executed this Agreement as of the date first above written. DELEGATE PUEBLO COUNTY HEAD START PARENTS, INC. BY President of the Board ATTEST: Secretary APPROVED AS TO FORM: GRANTEE CITY OF PUEBLO, A MUNICIPAL CORPORATION BY / . Al . - Ps reident of the City Council ATTEST: City Clerk City to en ey 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.Y.F. guidelines and the Grantee. 1. Special Reports A. Special reports will be submitted to the following people as specified: (1) The City Clerk - one (1) copy (2) The City Manager - one (1) copy (3) The City Finance Director - one (1) copy (4) The Director of the Human Resources Commission - two (2) copies 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) Quarterly financial reports and support data sheet required by A.C.Y.F. (5) Inventory and Inventory Certification Reports as required annually by the Grantee, due 75 days before the end of project. (6) Quarterly Program Progress Review required by the Grantee (7) A Program Self- Evaluation Report at the end of the School Calendar year to coincide with the submission of the A.C.Y.F. Self - Assessment Validation instruments (S.A.V.I.). (8) Audit reports in accordance with the time table established by A.C.Y.F. 2. Routine Reports A. Routine Reports will be submitted to the following people as specified: (1) The City Manager - one (1) copy (2) The City Finance Director - one (1) copy (3) The Director of the Human Resources Commission - one (1) copy B. The following routine reports will be submitted as specified: (1) Minutes of all Delegate Board Policy Council and P.D.C. Advisory Committee meetings and all monthly financial and narrative reports that have been submitted to the Delegate Board for their approval at said meetings - - 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 and the Human Resources Commission Attachment A Page 2 ATTACHMENT B Records The following financial books and records 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 his supervisor. 6. A personnel file on each employee. 7. A record of the attendance of all meeting 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. 51301.2 -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 the Pueblo Human Resources Commission as its monitoring agency for the Head Start Delegate Agency, to deter- mine 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 HRC 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 - -the Commission shall conduct a monitoring review of the Delegate as may be directed by the Delegate Board and the City Council of Grantee and shall report its findings to the Delegate Board for comment and evaluation and then to the City Council of Grantee by the Delegate Board. HRC 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.Y.F. (b) Analysis of records and books. (c) Interviews with clients and community agencies. (d) Interviews with City officials regarding the program. The Pueblo Human Resources Commission's monitoring role is not to be construed as intervening between the Grantee and Delegate relationships, but rather as a human resources planning and coordinating effort for the Grantee to improve ef- ficiency and effectiveness of human service program.