HomeMy WebLinkAbout890399.tiff AAVH'L mEmoRAnDum
C. W. Kirby, Chairman
' To Board of County Commissioners Date May 8, 1989
COLORADO From Walter J. Speckman , Executive Director, Human Resources dQ(J/4-'
subject: 1989 Purchase of Services Agreement Between Migrant Head Start
and San Luis Valley Board of Cooperative Services
Enclosed for Board approval is the Purchase of Services Agreement
between the Weld County Division of Human Resources' Migrant Head Start
Program and the San Luis Valley Board of Cooperative Services. (BOCS)
The Migrant Head Start Program will be subcontracting with the San Luis
Valley BOCS to provide services to 50 migrant children in the San Luis
Valley during the period June 1, 1989 through September 30, 1989. BOCS
will be reimbursed a maximum of $78,580.00 under this agreement.
If you have any questions, please telephone me at 353-3816.
, IV1 89)399
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PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of April
1989, by and between the Board of County Commissioners, by and through the
Weld County Division of Human Resources ' Migrant Head Start Program,
hereinafter referred to as "Department," and the San Luis Valley Board of
Cooperative Services, hereinafter referred to as "Delegate," is for the purpose
of conducting activities of the Migrant Head Start Program during the period
June 1st , 1989 through Sept. 30 , 1989. Funding for the
program is provided by the Federal Administration for Children, Youth, and
Families (ACYF--Migrant Head Start) , hereinafter referred to as "ACYF," and is
contingent upon availability of funds. The parties hereto agree as follows:
A. Maximum Reimbursable Amount (MRA)
1. For satisfactory performance of the service requirements, the Delegate
shall be reimbursed a Maximum Reimbursable Amount (MRA) of $78,580.00
to be paid with ACYF funds from the Department. The Delegate will be
required to provide $19,645.00 as non-federal share. This non-federal
share may be evidenced as "In-Kind" match for donated services , items,
or cash. All valuation of donated services or items shall be
reasonable. Fair market value is usually the appropriate valuation
method.
2. All dollar amounts in this Agreement are maximum amounts. They shall
be reduced by Department, if necessary, to match approved budgets
and/or program earnings.
3. The consideration paid to Delegate, as provided in this Agreement,
shall be full compensation for all Delegate's expenses incurred in the
performance of this Agreement.
4. All funds to be awarded under this Agreement must be requested by
Delegate and approved by Department prior to the commitment of
expenditures. Formats for budget and supporting narrative shall be
supplied by Department.
B. Service Requirements/Reimbursement Rates
1. Delegate is funded to serve 50 eligible Migrant Head Start children
and to generate 50 Child Days of Classroom Attendance (CDA) . Delegate
will be required to maintain average daily attendance of 85%
throughout the program period of performance.
2. Registration is restricted to current migrants only. Delegate shall
maintain at least 10% of enrollment as handicapped children.
C. Program Earnings
1. Delegate may earn all of its approved ACYF expenditures up to its
approved ACYF budget if it generates at least 85% of said days of
classroom attendance. Classroom attendance includes only those days
that the child is present in the classroom. It excludes all absences.
2. Department reserves the right to waive any reduction in earnings when
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unusual circumstances exist that prohibit Delegate from serving the
number of children required or generating the required number of Child
Days of Classroom Attendance. The granting of such a waiver shall be
at the sole discretion of Department and may also be contingent upon
approval by ACYF.
D. Compliance
Department expects Delegate to conduct all phases of program operation in
accordance with Department and ACYF guidance documents and consistent with
program goals and objectives. Delegate assures that:
1. the child eligibility, recruitment, and registration process , includ-
ing criteria for handicapping conditions , is proper and complete
2. that centers reflect optimum child development opportunities
3. all child care facilities have been approved and licensed by the State
of Colorado
4. that a system of individualized instruction is implemented
5. that health, nutrition, and safety needs of the child are attended to
6. that staff is selected with parent concurrence and reflects ethnic
factors consistent with center enrollments
7. that viable parent participation and parent education programs are
maintained
8. that a Parent Policy Committee is formed and provided with
orientation, resources, and in-service activities necessary for its
effective functioning
9. that self-assessment activities are conducted
10. that community resources are generated to the fullest extent possible
11. that staff training needs, including CDA, have been addressed
12. all activities authorized by this Agreement shall be performed in
accordance with the approved work program, the approve budgets, the
grant conditions, and all relevant Department and ACYF directives
E. Child Care Food Program
Delegate assures that: all children shall be enrolled in the Child Care
Food Program; appropriate filing for reimbursement shall be made; and
Child Care Food Program revenue shall be reported to Department as it is
received by Delegate.
F. Facility Licenses
Delegate assures that: all children shall be located in licensed centers
or Family Day Care Homes; copies of all licenses shall be displayed in
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Delegate' s centers; and copies of all current center licenses shall be
submitted to Department prior to opening centers each program year.
G. Insurance/Incorporation Requirements
1. Delegate shall provide Department with evidence of: incorporation, if
applicable; all pertinent insurance policies, as required by
department; fidelity bonds; Social Security; and other coverages
required by federal and state regulations, upon request.
2. Delegate verifies that liability insurance at a limit of not less
than $ shall be kept in force during the entire term
of this Agreement. Failure to maintain liability insurance in the
limits stated above is grounds for immediate termination of this
Agreement. Said liability insurance shall include property and
casualty, and errors and omissions coverage, and shall include as an
additional named insured: Weld County, Colorado, by and through the
Board of County Commissioners of Weld County and its employees.
H. Out-of-State Travel
Delegate shall not be reimbursed for any out-of-state travel expense
without prior written approval of Department.
I . Required Reports/Documents
Delegate agrees to submit to Department or have on file such reports and
other program data as may be required by ACYF or Department, including,
but not limited to, the following:
Code: s = submit to Department
f = Delegate have on file
1. Pre-Program Operation
Due date is prior to opening of first child care center.
a. Evidence that all vacant positions were appropriately advertised
and the selection process documented (f)
b. A current list of all employees, including job titles (f)
c. Copies of all center licenses (s)
d. Copies of all pertinent insurance policies (s)
e. Criteria for enrollment. Children must meet Migrant Head Start
guidelines and be registered on appropriate form(s) furnished by
Department. (f)
f. Training/in-service schedule (f)
g. Copy of Delegate personnel policies (f)
h. The most recent community needs assessment for Migrant Head Start
services (f)
i . List of the names of the "Authorized Delegate Representative" at
each site (s)
2. During Program Operation
a. List of current parent officers and representatives at Center and
Delegate level (f)
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b. Copy of the bylaws of the Delegate Parent Policy Committee (f)
c. Copies of all contracts (f)
d. Notification of any Delegate personnel changes for the positions
of Executive Director or Migrant Head Start Director (s)
3. Monthly
Due date is the fifth working day of the month, except where otherwise
indicated.
a. Child and family registration and eligibility documentation (f)
b. Daily Attendance Records and Monthly Enrollment/Attendance
Summaries (s)
c. Copies of Health History and Physical Evaluations (due 15 days
after completion) (f)
d. Quarterly Reports (due as indicated on Department form) (s)
e. Summary of staff and parent training and in-service sessions ,
including sign-in sheets from each Parent Policy Committee
meeting (f)
f. Copy of Child Care Food Program reimbursement claims (f)
g. Delegate Agency Claim (due 15th of month for prior month) (s)
h. PIR Monthly Report (due 15th of month for prior month) (s)
i . Documentation of Handicaps of Children in Head Start programs (due
15th of month for prior month) (f)
j. IMPD Head Start Categorical Diagnostic Statement (due within two
weeks of identification (f)
4. Annually
a. Program Self-Assessment Instrument (due date as instructed by
Department) (s)
b. Final Delegate Agency Claim (due 30 days following closure of last
attendance site (s)
c. Equipment Inventory (due 30 days following closure of last
attendance site) (s)
Failure of Delegate to submit and/or have available on file any of the
reports listed above in a complete, accurate, and timely manner shall be
sufficient cause for Department to delay payment of any or all funds then
due Delegate until such time as the required reports are submitted or
available to and accepted by Department.
J. Annual Program Review
1. Delegate shall annually conduct a Program Self-Assessment to assess
compliance and quality. The documents to be used shall be the
Department Program Self-Assessment Instrument, and such other formats
as may be required.
2. Training shall be provided by Department to key Delegate staff and by
Delegate to parents and staff who are to complete the format at each
Center and Delegate level .
3. Delegate understands and agrees that Delegate shall be responsible for
developing a written plan outlining strategies for corrective actions
for each non-compliance item, as determined by Department, and that
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failure to develop and implement such a plan may result in Department
not offering an Agreement to Delegate in ensuing years.
K. Participation in Department Functions
Delegate agrees to participate in Department coordination functions that
are consistent with the goals of the program and necessary for the
Department to discharge its responsibility to ACYF.
L. Maintenance of Records
1 . Delegate shall prepare and maintain appropriate fiscal , programmatic,
management, personnel , and property record.
2. Delegate shall permit Department and/or agents of ACYF to review,
evaluate, and/or audit said records as deemed necessary for purposes of
monitoring compliance with this Agreement.
3. All records shall be maintained for a minimum of three (3) years after
Completion of the Agreement period.
M. Property Management
1. Title to equipment and/or supplies purchased with Department funds
rests with the Delegate only so long as this Agreement is in effect.
Upon termination of this Agreement, title to all equipment and
remaining supplies shall revert to the Department, in trust for ACYF.
2. A perpetual property inventory of all equipment purchased with ACYF
funds shall be maintained by Delegate containing the following minimum
information: description, including intended use and estimated useful
life; manufacturer's serial number or identification number; asset
number, acquisition date; original cost; vendor name and address;
location of item; percent of ACYF funds used to purchase item;
condition; and ultimate disposition data. A physical inventory shall
be completed not less than annually. Discrepancies between physical
inventory and property records shall be noted and any differences
shall be reconciled.
3. Any unit of equipment costing over $500.00 and having a useful life
expectancy of two (2) years or more and purchased with ACYF funds
shall have prior written authorization from the Department and ACYF.
The ACYF definition of equipment purchased with ACYF funds shall apply
to all property.
4. Written approval must be given by Department in order for Delegate to
dispose of any item costing over $500.00 and having a life expectancy
of more than two (2) years.
N. Agency Reimbursement
Funds shall be disbursed to Delegate according to the following schedule,
subject to the receipt of funds by Department from ACYF:
1. Delegate shall file a monthly Agency Claim of actual expenditures with
Department no later than the 15th of the following month.
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3. Department reserves the right to refuse payment of amount due Delegate
until Department is satisfied Delegate has fulfilled all of its
obligations under this Agreement, including filing of all required
reports and correction of audit deficiencies.
4. The final payment under this Agreement, based upon actual earnings and
expenditures , shall be made by Department no later than thirty (30)
days after the close of the program year. Any overpayment to Delegate
shall be refunded to Department within thirty (30) days.
6. Delegate shall report all Child Care Food Program reimbursements
received and shall reduce the actual expenditures reported on the
Agency Claims by the amounts received from the Child Care Food
Program.
7. Delegate agrees to submit all final Agency Claims no later than thirty
(30) days following the date of closing of all centers operated by
Delegate.
0. Savings Clause
If any term or condition of this Agreement is held by a court of competent
jurisdiction to be contrary to law, such term or condition shall be
deemed invalid, but all other terms and conditions shall continue in full
force and effect.
P. Termination of the Agreement
1. Breach of Contract
If Delegate materially breaches any provision of this AGreement, the
Department may terminate this Agreement by giving thirty (30) days
written notice of termination to the Delegate. Any one of the
following specific actions by Delegate shall constitute a material
breach of this Agreement. They include, but are not limited to:
a. Non-compliance with the applicable laws, regulations, or
requirements
b. Submission of false, misleading, or erroneous information to the
Department
c. Failure to maintain required records
d. Administrative mismanagement
e. Denial of access by authorized representatives of the Department
to all program-related or fiscal records during normal work hours
f. Failure to timely complete an audit for the previous year's
Agreement
g. Lack of fiscal accountability
h. Unsatisfactory performance under terms and conditions of this
Agreement
2. Immediate Termination
The following documented actions of the Delegate shall result in
immediate termination:
a. Fraud or conspiracy to defraud
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b. Misuse of ACYF funds in violation of the applicable regulations
c. Embezzlement
d. Maintenance of an unsafe or unhealthy physical environment for
children
e. Abuse or molestation of children
f. Failure to report suspected child abuse or molestation
g. Theft of supplies, equipment, or food
h. Operating in violation of safety and health regulations, and
therefore creating imminent danger to the health and welfare of
children
3. Change in State or Federal Regulations or Laws
If federal or state laws or regulations are changed to prohibit the
performance of the Department's obligations under a federal or state
grant by contracting with Delegate, Department may terminate this
Agreement upon thirty (30) day's written notice to Delegate.
Q. Hold Harmless Clause
Each of the parties hereto shall be solely liable for the negligent or
wrongful acts or omissions of its employees occurring in the performance
of this Agreement. If either party becomes liable for damages caused by
its employees, it shall pay such damages without contribution by the other
party.
R. Subdelegation
1. No portion of the program operation or of program funds shall be
subdelegated or otherwise contracted by Delegate without prior written
authorization of the Department.
2. All subcontracts are subject to audit as required by the Department.
3. The subcontractor and its agents and employees, in the performance of
the subcontract, are acting in an independent capacity and not as
officers, agents, or employees of the Department.
4. The Delegate and its agents and employees, in the performance of a
subcontract, are acting in an independent capacity and not as
officers, agents, or employees of the Department.
S. Alterations
No alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto, and no oral
misunderstanding or agreement not incorporated in this Agreement shall be
binding on either party.
T. Nondiscrimination Requirements
1. During the performance of this Agreement, Delegate shall not deny the
benefits specified under the terms of this Agreement to any eligible
child or family on the basis of religion, color, ethnic group
identification, sex, age, or physical or mental disability, nor shall
they discriminate unlawfully against any employee or applicant for
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employment because of race, religion, color, national origin,
ancestry, physical handicap, mental disability, medical condition,
marital status, age, or sex.
2. Delegate shall comply with the provisions of the Fair Employment and
Housing Act (Government Code, Section 12900 et seq. ) , the regulations
promulgated thereunder (California Administrative Code, Title 2,
Section 7285.0 et seq. ) , the provisions of Article 9.5, Chapter 1,
Part 1 , Division 3, Title 2 of the Government Code (Government Code,
Sections 11135-11139.5) and the regulations or standards adopted by
the awarding agency to implement such article.
U. Nepotism Prohibition
Delegate shall not employ, hire, or otherwise compensate, directly or
through contract, any member of the board of directors or any immediate
family member of any member of the board of directors. Nor shall any
private Delegate employ, hire, or otherwise compensate, directly or
through contract, any individual occupying control over the Delegate's
fiscal affairs when such individual is an immediate family member of any
supervisor, executive director, or board member.
V. Audit Requirements
1. Delegate's financial and business activities, procedures, and records
shall be audited annually by an outside audit firm approved by
Department. Said audit shall be conducted in accordance with
applicable federal and state laws, regulations and audit guidelines.
The cost shall be paid by Department.
2. Delegate agrees to correct all audit findings, if any, to the
satisfaction of the Department and ACYF. Corrective procedures
recommended in the audit report will be reviewed by Department with
Delegate, and a deadline date for implementation shall be established
by Department.
3. Delegate shall be responsible for any monetary losses as the result
of any audit exception or disallowance caused by, or as a result of,
Delegate' s lack of performance as required by this Agreement.
W. Annual Agreement Renewal
The completion of an Agreement by Delegate does not grant vested rights to
subsequent Agreements. Delegate shall be notified of renewal criteria
during the annual contract review process.
X. Open Meetings
Delegate's governing board meetings shall be open to the public, except
for meetings to: consider the appointment, employment, evaluation of
performance, or dismissal of an employee; or to hear complaints or charges
brought against an employee, unless such employee requests an open
meeting. Minutes of all board meetings shall be available to the public,
except for minutes taken at meetings to: consider the appointment,
employment, evaluation of performance, or dismissal of an employee; or to
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hear complaints or charges brought against an employee, unless such
employee has requested an open meeting.
Public agencies shall comply with Government Code Section 54959 et seq.
and other applicable laws and regulations.
Y. Amendment of Agreement
The terms and conditions of this Agreement are subject to approval and
possible amendment by state and/or federal agencies having jurisdiction
over program and funding.
DEPARTMENT: DELEGATE:
WELD COUNTY BOARD OF COMMISSIONERS SAN LUIS VALLEY BOARD OF
COOPERATIVE SERVICES
C. W. Kirby, Ch�irman ary Mix •
SLV BOC
WELD COUNTY 'IVISION OF HUMAN
RESOURCES
ATTEST: We1dliounty Clerk and
Recorder and Clerk to a Board
Wa t Spec
Exec tiv Director Qy; �}
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putt' County Cler
890399
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