HomeMy WebLinkAbout7742RESOLUTION NO. 7742
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 OF 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 and
directed to affix the seal of the City hereto and attest same.
INTRODUCED: November 13, 1995
BY: Patrick Avalos
COUNCIL PERSON
AP ED:
PRESIDENT OF THE CITY COUNCIL
ATTEST
CI CLERK
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, 1996, 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. #08CH0024/23, Base Grant PA22, and Training and Technical
Assistance Grant PA20, in the amount of $1,879,380 (collectively the
"Grant") for the period of 02 -01 -96 to 01- 31 -97, 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, 1997.
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.
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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)
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 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.
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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 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 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 Promotion 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 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.
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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 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.
Delegate 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 Delegate under
this Agreement is ninety -seven and one -half percent (97.50) of the
amount of the Grant set forth on page 1 of this Agreement.
8. Termination The 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
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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 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
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.
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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.
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 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 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.
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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, penalties,
costs, expenses, including reasonable attorney fees arising from
such injuries to persons or damages to property or based upon or
arising out of the performance or nonperformance of this Agreement
by Delegate or 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.
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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.
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
Presii.e of the Board
GRANTEE
CITY OF PUEBLO, A MUNICIPAL CORPORATION
President of the Council
ATTEST:
f
Secretary
APPROVED AS TO FORM:
City Att r :ey
ATTEST:
fl�� A.�tr-IQJ
C y Clerk
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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, 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.
- A(1) -
(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 Reports
A. Routine Reports will be submitted to the Department of
Planning and Development 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 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 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 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.
- B (1) -
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) -