HomeMy WebLinkAbout930530.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DELEGATION OF ACTIVITIES BETWEEN SAN LUIS VALLEY
BOARD OF COOPERATIVE SERVICES AND FAMILY EDUCATIONAL NETWORK OF WELD
COUNTY (FENWC) AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Delegation of
Activities between the San Luis Valley Board of Cooperative Services and Family
Educational Network of Weld County (FENWC) , with the terms and conditions being
as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Delegation of Activities between the San
Luis Valley Board of Cooperative Services and FENWC be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of June, A.D. , 1993.
{/ '� fj �I7� BOARD OF COUNTY COMMISSIONERS
ATTEST:M J /b&L/a en WELD COUNTY, COLORADO
Weld County Clerk to the Board x-nr , ��
ilL4111-2_,L,
,onstance L. Ha bert, Chairman,BY: / � LDeperk to the Boa W. H. W bster, Prolem
APPROVED AS TO FORM: `Z i
1
ge Baxter-
letep.-11-
County Attor ey 'may Dale K. Hall
/ fir it
arbara J. Kirkme er
930530
420057 , .
AGREEMENT FOR DELEGATION OF ACTIVITIES
UNDER CAP GRANT NO. 90-CM0-136
This Agreement, entered into this 2-4 day of May 1993, including any
attached conditions amendments, or authorizations, shall govern certain
activities financed under the Weld County Division of Human Resources'
Family Educational Network of Weld County Grant No. 90-CMO-136 relating to
Head Start services to migrant children in the San Luis Valley during the
period June 1, 1993 to October 1, 1993, which are to be carried out by the
San Luis Valley Board of Cooperative Services (SLVBS) hereinafter referred
to as "the Delegate", on behalf of the Family Educational Network of Weld
County's' Migrant Head Start Program, hereinafter referred to as "FENWC".
1. Definitions - As used herein:
a. "Contract" shall mean this agreement;
b. "The Grant" shall mean FENWC Grant No. 90-CMO-136
c. "HHS" shall mean the United States Department of Health and Human
Services or any successor to that department;
d. "Relevant HHS directives" shall mean regulations, manuals,
guidelines, or other oral or written directives of HHS or any
subdivision thereof, including the Office of Human Development
Services, the Administration for Child, and Families, Head Start
Bureau, the Programs Operations Division and Migrant Program Branch,
as such regulations, manuals, guidelines, or other oral or written
directives shall be made applicable to the Grant or the Grantee;
e. "Relevant subdivision" means any subdivision of HHS, including but
not limited to, the Office of Human Development Services, the
Administration for Children and Families, Head Start Bureau, the
Program Operations Division and the Migrant Programs Branch having
authority to make or administer the Grant or otherwise to regulate
activity of the Grantee under the Grant;
f. "Terms of the Grant" shall mean all requirements of the Grant,
whether contained in statutes, regulations, Executive Orders, the
award document, relevant HHS directives, or elsewhere, as such
requirements exist as the date of this Contract and as such
requirements may be modified (by amendment, deletion, addition of
otherwise) during the period of the Contract.
g. "Migrant" a family with children under the age of compulsory school
attendance who change their residency by moving from one geographic
location to another, either intrastate or interstate within the past
twelve months for the purpose of engaging in agricultural work that
involves the production and harvesting of tree and field crops and
whose family income comes primarily from this activity.
970 530
PAGE TWO
2. WORK TO BE PERFORMED
The Delegate shall, in a satisfactory manner as determined by the Grantee,
perform all activities relating to Head Start services to ninety (90)
migrant children on a daily basis in the San Luis Valley area for the
period from June 22nd to August 28th, 1993, as approved in the Grant. The
Delegate shall execute all such Head Start activities with qualified and
properly trained personnel.
3. COMPLIANCE WITH APPROVED PROGRAM; RESTRICTIONS ON USE OF FUNDS
a. All activities authorized by this Contract shall be performed in
accordance with the terms of the Grant, including but not limited to
the approved work program and approved budget and the terms of this
Contract. If the terms of this Contract shall at any time be
inconsistent with the terms of the Grant, the terms of the Grant
shall be controlling. Attached for the Delegate's information are
copies of the Grant, HHS regulations relating to the administration
of Head Start Grants (45 C.F.R. 1301) , HHS regulations relating to
Performance Standards for Head Start programs (45 C.F.R. 1304) , HHS
regulations relating to eligibility requirements and limitations for
enrollment in Head Start programs (45 C.F.R. 1305) , HHS policy
statement relating to children with handicapping conditions, and the
Grantee's Management Manual. Also attached are the HHS regulations
governing the administration of grants (45 C.F.R. Part 74) and ACF
Information Memorandum P1-81-10 regarding restrictions of the use of
Head Start funds. The terms of the Grantee as defined in Section 1
(f) herein are in no way limited by the attachment of these
documents.
b. In addition to the other applicable restrictions on the use of Head
Start funds provided under this Contract the delegate is prohibited
from:
i. using or transferring funds provided under this Contract for
purposes other than authorized Head Start activities;
ii. using any property acquired with funds provided under this Contract
as collateral for loans;
iii. using any funds provided under this Contract for payment of
principal or interest on any loans.
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PAGE THREE
4. SUPERVISION AND EVALUATION
The Grantee may, as it deems necessary, supervise, evaluate and provide
guidance and direction to the Delegate in the conduct of activities
performed under this Contract. However, failure of the Grantee to
supervise, evaluate, or provide guidance and direction shall not relieve
the Delegate of any liability to the Grantee for failure to comply with
the terms of the grant or the terms of this Contract. The Delegate agrees
that the Grantee may conduct monitoring and evaluation activities on a
monthly basis (announced and unannounced) , to include at a minimum one
program evaluation during the period of service pursuant to the attached
Monitoring Tool (OSPRI) and one financial audit review (announced or
unannounced) , and will effectively insure the cooperation of the
Delegate's employees and governing personnel in such efforts. The
Delegate further agrees to implement such specific procedures and program
changes as the Grantee may direct from time to time in writing. Such
directions, include, but are not limited to, the implementation of
corrective actions prescribed by the Grantee as a result of its findings
from either program monitoring or a financial audit review.
5. REPORTS AND RECORDS
The Delegate agrees to submit to the Grantee such reports as may be
required by the terms of the grant:
1) monthly financial report, due the 10th of each month
2) monthly In-kind (federal match -20%) report, due the 10th of each
month
3) monthly attendance report, due the 15th of each month
4) Inventory list, due upon program start-up, and 30 days after program
ending.
5) a yearly copy of the delegate agencies over all single audit in
accordance with 45 CFR 92 and OMB circular 110.
The Delegate agrees to prepare and retain all records and reports for a
period of three years, required by the terms of the Grant or required by
the Grantee. The Delegate further agrees to permit inspection by and
delegated employee of FENWC and Federal Agent, of all record and reports
as required by the terms of the Grant and to permit inspection of all such
records and reports by the Grantee or by persons designated by the Grantee
as deemed necessary by the Grantee. The Delegate also agrees to provide
copies of such records and reports to the Grantee, delegates of the
Grantee, or other persons deemed necessary by the Grantee.
6. SCHEDULE OF PAYMENT
Subject to receipt of funds from HHS (or any relevant subdivision
thereof) , the Grantee agrees to reimburse the Delegate for authorized
expenditures, not to exceed $ 129 ,379.
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PAGE FOUR
a. START-UP PAYMENT
Working Capital Advance shall be made to the Delegate by the Grantee
based on the first months estimated expenditures of the Delegate
*not to exceed 15%) . The Delegate shall submit to the Grantee, by
the 15th day of the month following the Advance Payment, reports
detailing the amount of expenditures made by the Delegate using
these funds advanced by the Grantee. The reports must be prepared
in compliance with the Grantee's accounting procedures. Within ten
(10) business days after the receipt of such reports. If
disapproved, the reports shall be returned to the Delegate with a
written explanation of the reason(s) for disapproval. All following
requests must be on a cost reimbursement basis.
b. REIMBURSEMENTS
The Delegate shall report monthly all expenditures in compliance
with the Grantee's accounting procedures by the 10th of the
following month in which the expenditures are made. The reports
shall be prepared in accordance with the Grantee's accounting
procedures and shall set forth the amount of the expenditures made
by the Delegate and the purposes for which the payment was made
pursuant to the Grant. Within ten (10) business days after the
receipt of such reports. If disapproved, the reports shall be
turned to the Delegate with a written explanation of the reason(s)
for disapproval. If the reports are approved, the Grantee shall
make a payment equal to the amount expended by the Delegate. In no
case shall the sum of the payments made to the Delegate exceed the
total amount of the Grantee's contract with the Delegate.
c. DOCUMENTATION
The Delegate shall retain, with respect to each report of
expenditures under the terms of the Grant and in compliance with the
Grantee' s accounting procedures. Where the submission of such
documentary evidence with each report of expenditures is determined
by the Grantee to be necessary, the Grantee shall notify the
Delegate in writing of such determination and the reasons therefor
and the Delegate shall submit such documentation as required by such
written notice.
d. LIMITATIONS AND CHANGE
In the event there is a change in the number of children served or
the time period of such service, by 15% more or less stated in this
contract or a change in the hours of service by an increase or
decrease of three (3) daily hours, that change shall be significant
and will be approved by the delegate Policy Committee, Board, and
the Grantee Policy Council and Board.
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PAGE FIVE
e. UNEXPENDED FUNDS
The Delegate shall notify the Grantee in writing within 60 days of
the end of the fiscal year (by December 1, 1993) of the amount of
funds that will not be used in the present fiscal year so that the
Grantee may reprogram these funds.
7. OTHER FUNDING
The Delegate shall contributed at least 32 ,345in non-federal funds
(contributions) specified in the preceding sentence is based upon the
total expenditures of funds provided by the contract under the terms of
the Grant. Any additional funds provided to Delegate hereunder shall
increase the amount of non-federal funds (contributions) required to be
paid by the Delegate. The Delegate shall make available all records
related to other funding sources when the service of those funding sources
share space, staff, administration, etc. This is to insure that there is
equitable cost sharing in the deliverance of the total program.
8. CHANGES
Any programmatic or budget changes must be approved by the Delegate
Agencies Policy Committee's and Board, and Grantee, Policy Council and
Board, in writing by addendum in advance by the Grantee, as required by
the terms of the Grant.
9. COMPLIANCE WITH LOCAL LAWS
The Delegate agrees to comply with all applicable laws, ordinances, and
codes of state and local governments as such laws, ordinance and codes may
apply to the activities of the Delegate.
10. 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 any agreement or understanding for a commission, percentage,
brokerage, contingent, or other fee. For breach or violation of this
warrant, the Grantee shall have the right to terminate this Contract
without further liability and to recover or, in its discretion, to deduct
from the Contract or otherwise recover the full amount of such commission,
percentage, brokerage, contingent, or other fee, or to seek other remedies
as legally may be available.
11. TERMINATION OR ASSIGNMENT
a. BY GRANTEE
The Grantee may terminate this Contract in whole or in part for
cause. Cause shall include, but not limited to:
PAGE SIX
i. Failure for any reason of the Delegate to fulfill in timely
and proper manner its obligation under this Contract,
including, but not limited to, implementation of corrective
action at the Grantee direction and compliance with the terms
of the Grant and such statues, Executive Orders, regulations,
and relevant HHS directives as may become generally applicable
to the Grant or the Grantee at any time.
ii. Submission by the Delegate to HHS (or any relevant subdivision
thereof) or the Grantee of reports that are incorrect or
incomplete in a material respect.
iii. Ineffective or improper use of funds provided under this
Contract which includes, but is not limited to, their use for
other-than-Head-Start activities; or
iv. Suspension, reduction, or termination by HHS (or any relevant
subdivision thereof) of the Grant or the portion thereof
delegated by this Contract. The Grantee shall promptly notify
the Delegate in writing of such termination and the reasons
therefor, together with the effective date. The Grantee may
assign or transfer its rights and responsibilities under this
Contract when necessary to comply with any statute, Executive
Order, regulation, relevant HHS directive or other
requirements that may be legally imposed on the Grantee.
b. BY DELEGATE
If the Delegate is unable or unwilling to comply with such
additional conditions as may lawfully be applied by HHS (or
any relevant subdivision thereof) or others to the Grantee or
by the Grantee to the Delegate, the Delegate shall terminate
this Contract by giving a written thirty (30) day notice to
the Grantee signifying the effective date of such termination,
or the Grantee may exercise its right to terminate as set
forth in Paragraph lla above.
c. ARRANGEMENTS AND DISPOSITION OF PROPERTY
In the event of any termination, the Grantee may require the
Delegate to insure that adequate arrangements have been made
for the transfer of the delegate activities to another
delegate chosen by the Grantee or to the Grantee. In the
event of any such termination, all property and finished or
unfinished documents, data, studies, records, and reports
purchased, prepared, or other wise received by the Delegate
under this Contract shall be disposed of according to the
terms of the Grant and any directions of the Grantee, and the
Delegate shall be entitled to compensation for any
unreimbursed expenses reasonable and necessary incurred in
connection with the satisfactory performance of the Contract.
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PAGE SEVEN
12. LIABILITY
Not with standing any other provision of this Contract, the Delegate shall
not be relieved of liability to the Grantee for damages sustained by the
Grantee by virtue of any breech of this Contract by the Delegate. The
Grantee may withhold, for the purposes of set-off, any reimbursement or
other payment due the Delegate until such time as the exact amount of
damages due the Grantee from the Delegate is agreed upon or is otherwise
determined.
"The Delegate is an independent contractor and no partnership, joint
venture or the like is intended to be formed by this Agreement. Delegate
hereby indemnifies and holds harmless Grantee from any cost, expense or
liability (including attorney's fees) directly or indirectly arising out
of Delegate's performance of services pursuant to this contract".
13. ASSURANCES
a. The San Luis Valley Board of Cooperative Services/Delegate Agency
agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County, and
therefore are not entitled to any employee benefits as Weld County
employees, as a result of the execution of this Agreement.
b. FENWC, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused
by any negligent acts or omissions of the San Luis Valley Board of
Cooperative Services/Delegate Agency, its employees, volunteers, or
agents while performing this Agreement. The San Luis Valley Board
of Cooperative Services/Delegate Agency, its officers and employees,
shall not be held liable for injuries or damages caused by any
negligent acts or omissions of FENWC, or its employees, volunteers,
or agents while performing functions as described in this Agreement.
The San Luis Valley Board of Cooperative Services/Delegate Agency
shall provide adequate liability and worker's compensation insurance
for all of its employees, volunteers, and agents engaged in the
performance of this Agreement, as required by the Colorado Workers
Compensation Act. Likewise, FENWC, by and through the Board of
County Commissioners, shall provide adequate liability and worker's
compensation insurance for all employees of FENWC engaged in the
performance of this Agreement.
c. No officer, member, or employee of the Weld County and no member of
their governing bodies shall have any pecuniary interest, direct, or
indirect, in the approved Agreement or the proceeds thereof.
d. The San Luis Valley Board of Cooperative Services/Delegate Agency
understands that monitoring and evaluation of the performance of
this Agreement shall be conducted by the Weld County Division of
Human Resources and the results provided to the Weld County Board of
Commissioners.
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PAGE EIGHT
e. The San Luis Valley Board of Cooperative Services/Delegate Agency
and FENWC assure compliance with Title VI of the Civil Rights Act of
1986, and that no person shall, on the grounds of race, creed,
color, sex, handicap, or nation origin be excluded from
participation in, be denied the benefits of, or be otherwise
subjected to discrimination under the approved Agreement.
IN WITNESS WHEREOF, the Grantee and the Delegate have caused this Agreement
to be duly executed as of the day and year first hereinabove set forth
WELD COUNTY BOARD OF COMMISSIONERS SAN LUIS VALLEY BOARD OF COOPERATIVE
SERV ES/DE EGA E AGENCY
0/7
U .
onstance L. Harbert, Chairperson
oro/ E
WELD COUNT DIVISION OF HUMAN RESOURCES
�Wal r . Speckman, Executive Director
A EST. 45/4t4
WELD COUNTY CLERK TO TH BOARD
BY: 4.-Lerz-a_ � "
Deputy Clerk to the Boar_dca
ATTE3rii?G JO BOARDl OF COUNTY
COia SSIONER SiGNASUBES ONLY
930530
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mrmoRAnDuni
Board of County Commissioners
wok To Constance L . Harbert Date June 14 , 1993 LA W/p J
(1—
COLORADO From Walter J . Speckman , Executive Director , Human Resources
Delegation Agreement between the Family Educational
Sbject,
Network of Weld County and San Luis Valley Board—
cooperative services
Enclosed for Board approval is the Delegate Agency Agreement between San Luis
Valley Board of Cooperative Services (SLVBC) and the Family Educational Network
of Weld County's Migrant Head Start Program (FENWC) .
San Luis Valley Board of Cooperative Services will administer the Migrant Head
Start Program for ninety (90) children in the San Luis Valley.
San Luis Valley Board of Cooperative Services will adhere to all regulations set
forth in this Agreement according to the Performance Standards put forth by the
Migrant Head Start Health and Human Services.
If you have any questions, please telephone Tere Keller-Amaya at 356-0600.
93053C
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