HomeMy WebLinkAbout6888RESOLUTION NO. 6888
A RESOLUTION APPROVING AN AGREE[= FOR
DELEGATION OF ACTIVITIES BETWEEN PUEBLO,
A MUNICIPAL CORPORATION 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 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 this agreement, and the City Clerk
is directed to affix the seal of the City hereto and attest same.
INTRODUCED: January 27, 1992
By CHRIS WEAVER
Councilman
APPROVED:
ATTEST:
l
Presi t of the City Council
ON r o
ACRE KENT FOR DELEGATION OF ACTIVITIES
BETWEEN THE CITY OF PUEBLO AND
PUEBLO COUNTY HEAD START PARENTS, INC.
This agreement entered into as of February 1, 1992, including all
attachments and conditions annexed hereto (Attachments A, B, and C 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 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." Notwithstanding any other provision of this agreement, this
agreement shall terminate on January 31, 1993.
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,
perform all activities described in the United States Department of Health and
Human Service's (or successor department) Administration for Children, Youth,
and Families Base, and Health/Handicapped grants to Grantee which are
incorporated herein as if set out in full. Delegate acknowledges receipt of
copies of such grants.
2. Compliance With Approved Proctram 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, Youth and Families, herein called
A.C.Y.F., directives, regulations, guidelines, and required assurances.
3. Reports, Records, and Evaluations The Delegate agrees to submit to
the Grantee, on a timely basis, 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 deems 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 canpensation, 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. 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 Pramotion 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 selling agency or other organization has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a
ccmmission, percentage, brokerage, or contingent fee. For breach or violation
of this warrant, the Grantee shall have the right to terminate this 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 by Grantee of A.C.Y.F.'s
authorized 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.
8. Termination The Grantee may, 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 ccmpliance 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 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 contact.
If the Delegate is unable or unwilling to comply with such additional
conditions as may be lawfully applied by A.C.Y.F. to the grant or to the
Grantee, the Grantee or Delegate may terminate the contract by giving 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 activities to
another Delegate acceptable to Grantee 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 or prior contracts shall be disposed of according to
A.C.Y.F. directives, and the Delegate shall be entitled to compensation for any
unrelinquished expenses reasonably 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 entire non - federal share
required by the grant conditions.
10. Review of New Directives The Grantee will submit promptly to the
Delegate for ccmnent those proposed additional directives that it receives from
A.C.Y.F. for ccument .
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, 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 Human Services,
herein called DHS, 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 DHS 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.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 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 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, 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 of any statute, ordinance, rule or regulation. Delegate
shall obtain and keep in force during the term of this Agreement conprehensive
general public liability insurance with limits of not less than $400,000 per
occurrence and $150 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 term of this Agreement.
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 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
START PARENTS, INC.
BY
CITY OF PUEBLO, A
MUNICIPAL CORPORATION
BY� N
President of the Board
Pres'dent of the Council
ATTEST:
a
Secretary
ATTEST:
Cit Clerk
City Attorney
AITAC ENT 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 Department of Human Services
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.
(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 the A.C.Y.F.
Self- Assessment Validation instruments (S.A.V.I.).
2. Routine Reports
A. Routine Reports will be submitted to the Department of Human Services
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 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.
ATTACH= 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 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.
ATTTAQ-1r C
Monitoring and Evaluation
The City of Pueblo, as Grantee, has appointed its Department of Human
Services (DHS) 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 DHS 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 -- DHS 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. DHS 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.