HomeMy WebLinkAbout7468RESOLUTION NO. 7468
A RESOLUTION APPROVING AMENDMENT NO.1 TO THE AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY
HEAD START PARENTS, INC. AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME.
WHEREAS, the City of Pueblo as grantee for the Head Start
program has received an additional $283,855.00 for the current
program year for a new total of $1,658,587.00; and
WHEREAS, an amendment to the existing agreement between the
City of Pueblo as a municipal corporation and Pueblo County Head
Start Parents, Inc. Must be approved for the utilization of the
funds; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PUEBLO, COLORADO, THAT:
SECTION 1
Amendment No. 1 To 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 the agreement
in the name and on behalf of the City and the City
Clerk is directed to affix the seal of the City
hereto and attest same.
City Clerk
INTRODUCED SEPTEMBER 26, 1994
BY: FAY KASTELIC
Councilperson
APPROVED:
Pr- of the Council
AGREEMENT FOR DELEGATION OF ACTIVITIES
BETWEEN THE CITY OF PUEBLO, AND
PUEBLO COUNTY HEAD START PARENTS, INC.
This agreement entered into as of February 1, 1994, 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
cart= activities of the Pueblo County Head Start Parents, Inc., finazic d under the
Department of Health and Human Services Grant No. #08CH0024 -22, Base Grant PA22, and
Training and Technical Assistance Grant PA20, in the amount -of $1,374,732 (collectively
the "Grant ") for the period of 02 -01 -94 to 01- 31 -95,. which is to be carried out by Pueblo
County Head Start Parent, 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, 1995.
The Grantee and Delegate agree as follows:
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by the Grantee and in compliance with the approved work program and budget perform all
activities described in the Grant which is irscorporated herein as if set out in full.
♦ ., _e _rte e o r1 1 - � r� r.
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.)
3. Rte, Records. and Evaluations The Delegate agrees to submit to the Grantee,
on a timely basis, such reports as may be required by A.C.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)
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.
4. : T'he Grantee may, from time to time, request changes in the scope of the
services and activities of the Delegate to be perfowned hermuler. Such changes,
including any incrc, w or decrease in the aunt of the Deigp te's compensation, which
are mutually agreed upon by and between the Grantee and the Delegate must be incorporated
in written annendments to this Agreement and after such iacocpocation shall become a past
of this Agreement as if set out in full.
5. Came with Laws T'he Delegate small 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 1%8, 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.
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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. 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 pail 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.
Dew understands and agrees that two and one -half percent (2.5%) of the Grant will be
retained by Grantee for its administrative services with respect to the Grant and this
Agreement and; therefore the maximum grant funds available to Delete under this
Agreement is ninety seven and one -half percent (97.5%) of the amount of the Grant set
forth on page 1 of this Agreement.
8. : Tlu Grantee may, be given 10 days written notice specifying the
effective date, terminate this Agreement 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 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 the Delegate to A.C.F. cc to the Grantee of reports that are incorrect or
incomplete in any material respect; (c) ineffective or improper use of funds provided
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under this Agreement and (d) suspension or termination by A.C.F. of the Grant to the
Grantee under which this 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 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.
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 performarkx 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 the Delegate and the Grantee may widdwW any reimbursement to the
Delegate for the purpose of set off until such time as dre exact amount of damages due
the Grantee from the Delegate is agreed upon or odmxwise 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.
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comment those proposed additional directives that it receives from A.C.F. for comment.
11. eject 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 the Delegate.
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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. won 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.F. directives, regulations, and guidelines.
14. Relation" 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 agent's, 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 dxw&y. Delegate further agrees to indemnify
and save harmless Grantee, its officers, agents and employees, from and against any and
all claims, liabilities, judgements, costs, expenses, penalties, or attorney fees arising
from such injuries to persons or damages to property or based upon or arising out of the
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performance of this Agreement by Delegate or out of any violation by Delegate of statute,
ordinance, rule or regulation. 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 persons 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.
16. : 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 get 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 VVMtEOF, the Grantee and the Delegate have executed this Agreement as of
the date first above written.
PUEBLO COUNTY HEAD START
President of the Board
Secretary
APPROVED AS TO FORM:
City Attorney
W of the ouncil
1.1
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 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 A.C.F. Self- Assessment Validation instruments
(S.A.V.I.).
2. Routine Re=
A. Routine Reports will be submitted to the Department of Human Services one (1)
COPY.
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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.
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Records
The following financial books and record 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.
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ATTACHMENT 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.F.
(b). Analysis of records and books.
(c). Interviews with clients and community agencies.
(d). Interviews with City officials regarding the program.
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