HomeMy WebLinkAbout2000-260
".,
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2000-260
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
THE AGREEMENT WITH PRE-SCHOOL SERVICES DEPARTMENT AND
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT TO ADMINISTER FEDERAL GRANTS TO CONTINUE
THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
authorized to execute Agreement for Delegation of Activities with the County of San
Bernardino Preschool Services Department, copies of which are attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length, and the
Director of Parks, Recreation and Community Services Department is hereby authorized to
administer federal grants to continue the Headstart!Pre-school Program at Delmann Heights
Community Center..
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within sixty (60) days following the effective date of the resolution.
///
!II
III
III
III
III
III
III
III
III
III
1//
2000-260
1
2
3
4
5
6
7
8
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE.
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
THE AGREEMENT WITH PRE-SCHOOL SERVICES DEPARTMENT AND
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT TO ADMINISTER FEDERAL GRANTS TO CONTINUE
THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
and Common Council of the City of San Bernardino at aRegular meeting thereof, held on the
2ls1(jayof August
, 2000, by the following vote, to wit:
9 Council Members:
AYES
ABSTAIN ABSENT
NAYS
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
x
ESTRADA
LIEN
x
McGINNIS
~
SCHNETZ
x
x
SUAREZ
DEAN-ANDERSON
x
McCAMMACK
-~
.r;\~ /;1. C~
City Clerk
The foregoing resolution is hereby approved this , 2000.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
y
"
County of San Bernardino
FAS
STANDARD CONTRACT
~ ,
,'." ./
FOR COUNTY USE ONL Y
E 2S. New Vendor Code Dept. Contract Number
M Change SC A 00-890
-
X Cancel PSD
County Department Dept. County. Contractor's License No.
PRESCHOOL SERVICES DEPARTMENT
County Department Contract Representative PH. Ext. Amount of Contract
Helen M. Cortez , 387-2444 $228,962.00
Fund I Dept. I Organization I APR. Obi/Rev Source Activity I GRC/PRO/JOB Number
RSC HPS 100 300 2870 , 02723100
Commodity Code Estimated Payment Total by Fiscal Year
130 FY Amount liD FY Amount liD
Project Name - -
PSD - DELEGATE AGENCY I 2000-2001 $200,366.00
- -
FOOD SERVICES AGREEMENT 2000-2001 $28.596.00
- -
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
Preschool Services Department, hereinafter called the County, and
Name
City of San Bernardino Parks and Recreation
Address
547 North Sierra Way
hereinafter called DELEGATE AGENCY (DELEGATE)
San Bernardino, CA 92410
Phone Birth Date
(909) 384-5233
FederallD No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS;
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid. manner of payment, time for performance or completion, determination of
satisfactory performance and cause for termination, other terms and conditions. and attach plans. specifications, and addenda. if any.)
WHEREAS, The County desires to have activities for the Head Start/State Preschool Program provided
for its various sites; and,
WHEREAS, County has been allocated funds by the State Department of Education (SDE) and Federal
Administration for Children and Families (ACF);
WHEREAS, County finds the City of San Bernardino Parks and Recreation, a Delegate Agency, qualified
to provide all activities for the Head Start/State Preschool Program;
WHEREAS, County desires that such services be provided by a Delegate Agency, and the Delegate
Agency agrees to perform these services as set forth below;
NOW THEREFORE, County and Delegate Agency mutually agree to the following terms and conditions:
Page 1 of 15
,
TABLE OF CONTENTS
I. DEFINITIONS .....................................................................................................................................3
, ,
II. DELEGATE AGENCY PROGRAM RESPONSIBILITIES ...................................................................3
III. DELEGATE AGENCY FOOD SERVICE RESPONSIBILlTIES...........................................................4
IV. DELEGATE AGENCY GENERAL RESPONSIBILlTIES...........................................................5
V. COUNTY RESPONSiBILITIES...........................................................................................................10
VI. FISCAL PROViSiONS........................................................................................................................11
VII. RIGHT TO MONITOR AND AUDIT.......,..,......................................................................................,........12
VIII. CORRECTION OF PERFORMANCE DEFICIENCIES............................................................................12
IX. TERM .......................................................................................................................................................13
X. EARLY TERMINATION............................................................................................................................13
XI. GENERAL PROViSiONS.........................................................................................................................13
XII. CONCLUSION ...........................................................................................................,.............................14
ATTACHMENT A - CACFP MEAL PATTERNS FOR OLDER CHILDREN
ATTACHMENT B . PROGRAM BUDGET, INCLUDING REPORT OF IN-KIND CONTRIBUTIONS
Page 2 of 15
I. . DEFINITIONS
A. ACF - Administration for Children and Families is the Federal funding source for this contract.
B. CACFP - Child and Adult Care Food Program provide the requirements for student's nutritional
needs set by the United States Department of Agriculture and the Head Start Program
Performance Standards. '
C. CSCP - Child Support Compliance Program
D. Delegate Agency - Organization performing services for the County of San Bernardino Preschool
Services Department.
E. Head Start Program Performance Standards: Regulations applicable to the Program.
F. HSS - Human Services System. Oversees the seven Human Services System Departments and
fosters concern for social programs within the county and communities as a whole.
G. POI - Principle Owner Information form complies with Federal and State reporting requirements.
H. PSD - Preschool Services Department has operated the Head Start/State Preschool Program for
the past thirty-five years.
I. SDE - State Department of Education is the State-funding source for this contract.
J. Site Locations:
a. SAN BERNARDINO CITY - PARKS & RECREATION
2969 Flores Street
San Bernardino, California 92405
K. USDA - United States Department of Agriculture
II. DELEGATE AGENCY PROGRAM RESPONSIBILITIES
Delegate Agency agrees to:
A. Perform all activities for the Head Start/State Preschool Program, as approved in the ACF/State
Preschool grants to the County, for 4 classes of 17 children each, for a period of one hundred
seventy (170) days in a satisfactory manner.
B. The Delegate shall comply with Head Start Program Performance Standards 45 CFR, Part 1304.50
(Program Governance and Appendix A-Governance and Management Responsibilities dated
November 5, 1996), as it pertains to parents in decision making. The program shall be conducted in
compliance with Head Start/State Preschool Program funding sources' guidelines and
requirements, approved budget attached, all County requirements and directives and any special
conditions that may from time to time be requested.
C. Submit to the County, such reports as may be required by ACF and State Preschool directives, or
by the County, according to but not limited to the following schedule:
1. All program and fiscal records must be retained for five (5) years.
2. Attendance Reports - Due 5th day of each month.
3. Audit Report - as required.
4. Final Financial Reports, for ACF, due September 15th, annually.
Page 3 of 15
5. Final Financial Reports, for State, due July 31st, annually.
6. Finance Reports - Due 10th day of each month.
7. Local Contributions - Due 10th day of each month.
8. Participant's Records (those records without parental consent to be held for school
information) - Due in County office 10 days following close of classes.
9. Personnel Policies and Grievances procedure for all program employees - Due January
15th, annually. .,
10. Policy Committee by-laws - Due January 15th, annually.
11. Property Inventory - Due January 15th, annually.
12. Revision to Final Financial Report - for ACF, due October 1S\ annually.
13. Revision to Final Financial Report - for State, due August 15th, annually.
D. Prepare and retain, and permit the County to inspect as it deems necessary for grant purposes, in
addition to inspections authorized by the conditions in the grants from ACF and State Preschool the
following records.
1. Head Start/State Preschool Financial and Statistical, as well as other records that may be
required by relevant ACFIAB 451 and client information.
III. DELEGATE AGENCY FOOD SERVICE RESPONSIBILITIES
Delegate Agency agrees to:
A. Provide and deliver breakfast, lunch and snacks to Head Start/State Preschool locations within the
County of San Bernardino as listed in Section I of this contract as follows:
1. Meals shall comply with Child and Adult Care Food Program (CACFP) requirements for
student's nutritional needs set by the United States Department of Agriculture and the Head
Start Program Performance Standards {1304.23 (b) 1-2, and (c) 1-4}. Morning classes
require breakfast and lunch, afternoon classes require lunch and snack, and full day classes
require all three meals. Meal components shall consist of:
a. Breakfast - 1/2 pint of 1 % milk, fresh or canned fruit, and a bread or bread/alternate.
b. Lunch - 1/2 pint of 1% milk, 1 1/2 oz. Edible portion of meat/meat alternate, 1/2 slice
bread or breadlalternate, 1/2 cup total fruit and vegetable.
b. Snack - shall consist of two of the following components; 1/2 pint of 1% milk, full
strength juice, meat/meat alternate, vegetable, fruit or breadlbread alternate.
In addition, low fat chocolate milk can be provided at least 1-2 times a month (see CACFP
meal pattern attachment A).
2. Provide food that is low in fat, salt and sugar.
3. Ensure the temperature and quality of all meals, up to and including the time of delivery,
meet the requirements of Federal, State and local sanitation laws.
4. In collaboration with PSD Administrative staff, develop breakfast, lunch and snack menus,
ensuring that culturally diverse food is included at least once per month.
5. Develop breakfast, lunch and snack menus collaboratively with PSD Administrative staff.
Develop menus that shall include culturally diverse food a minimum of once per month.
Page 4 of 15
, 6. Provide copies of the monthly menu to the PSD Administrative Office two weeks prior to the.
beginning of the month, and shall provide sufficient copies of the menu to each site for each.
family.
7. Provide to PSD Administrative Office, on an annual basis, a nutritional analysis of each
month's menu to ensure meals are meeting the daily nutritional needs for children.
8. Meet with small committees of parents of children enrolled in the Program in order to solicit
input on menu planning.
9. Provide substitutions for children with physician-documented allergies, e.g. juice for milk,
chicken or beef for pork, etc.
10. Adjust meal quantities to accommodate enrollment fluctuations.
11. Provide copies of food specifications for commercially prepared items, and standardized
recipes for food cooked from scratch, to the County at the beginning of each program year.
12. Supply all required disposable service ware necessary for daily food service for all meal
types, e.g. paper plates, plastic sporks, napkins, cups, etc.
13. Conduct a non-profit food service operation and use income accruing to its food service
operations only for program purposes.
14. Maintain storage, preparation and service areas of food within proper sanitation and health
standards in conformance with applicable State and local laws and regulations.
15. Accept cash-in lieu of commodities in the amount established for the fiscal year in
accordance with regulations. Total payment to an institution including cash for commodities
shall not exceed total program costs less cash income to the program.
16. Ensure that chairs, tables and eating utensils will be suitable for the size and developmental
level of the children.
IV. DELEGATE AGENCY GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Delegate, its agents and employees, shall act in an independent
capacity and not as officers, employees, or agents of the County of San Bernardino.
B. Without the prior written consent of County, this Contract is not assignable by Delegate either in
whole or in part.
C. Delegate agrees not to enter into any subcontracting agreements for work contemplated under the
Contract without first obtaining written approval from the Assistant County Administrator - Human
Services System. Any subcontractor shall be subject to the same provisions as Delegate. Delegate
shall be fully responsible for the performance of any subcontractor.
D. Delegate will maintain all records and books pertaining to the delivery of services under this Contract
and demonstrate accountability for contract performance. Said records shall be kept and maintained
within the County of San Bernardino. County shall have the right upon reasonable notice and at
reasonable hours of business to examine and inspect such records and books.
E. Maintain all fiscal, statistical and management books and records pertaining to the program. Records
include, but are not limited to, monthly summary sheets, food invoices, menu production records and
other primary source documents.
Page 5 of 15
F. Fiscal records shall be kept in accordance with generally accepted accounting principals and must
account for all funds, tangible assets, revenue and expenditures. Failure to maintain acceptable
records per the proceeding requirements shall be considered grounds for withholding of payments for
billings submitted and for termination of the Contract.
G. Delegate shall notify County, in writing, of ally change in mailing address within ten (10) days of the
address change.
H. Delegate shall notify County of any continuing vacancies, and any positions that become vacant
during the term of this Contract, which will result in reduction of services to be provided under this
Contract. Upon notice of vacancies, the Delegate will apprise County of the steps being taken to
provide the services and to fill the position as expeditiously as possible. Vacancies and associated
problems shall be reported to County on each periodically required report for the duration of said
vacancies andlor problems.
I. Delegate shall provide a system, approved by the County, through which recipients of service will
have the opportunity to express and have considered their views and complaints regarding the
delivery of services. The procedure must be in writing and posted in clear view of all recipients.
J. Delegate will notify County HSS Contract Administration Unit of all upcoming meetings of the Board of
Directors or other governing party and will keep County apprised of any and all actions taken by its
Board of Directors which may impact on the Contract. All Board of Directors' minutes will be
submitted to County with the monthly report submitted in the month following approval of the minutes.
Further, a County representative shall have the option of attending Board meetings during the term of
this Contract.
K. Delegate shall require all persons, including but not limited to its officers, agents, employees,
volunteers and any subcontractor directly or indirectly involved in administration of services provided
under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and
Institutions (W & I) Code and Division 19-000 of the Department of Social Services Manual of Policies
and Procedures to assure that:
1. All applications and records concerning any individual made or kept by any public officer,
public agency, or Delegate with the administration of any provision of the W & I Code relating
to any forms of public social services provided under this Contract will be confidential and will
not be open to examination for any purpose not directly connected with the administration,
performance, compliance, monitoring or auditing of such services.
2. No person will publish, disclose, use permit or cause to be published, disclosed, or used, any
confidential information pertaining to any applicant or reCipient of services under this Contract.
Delegate agrees to inform all persons directly or indirectly involved in administration of
services provided under this Contract of the above provisions and that any person deliberately
violating these provisions is guilty of a misdemeanor.
L. Delegate shall ensure that all known or suspected instances of child abuse or neglect are reported
to the appropriate law enforcement agency or to the appropriate Child Protective Services agency.
This responsibility shall include:
1. Assurance that all employees, agents, consultants or volunteers who perform services
under this Agreement and are mandated by Penal Code Sections 11164 et seq. to report
child abuse or neglect, sign a statement, upon the commencement of their employment,
acknowledging their reporting requirements and their compliance with them.
2. Development and implementation of procedures for employees, agents, consultants, or
volunteers who are not subject to the mandatory reporting laws for child abuse to report any
Page 6 of 15
observed or suspected incidents of child abuse to a mandated reporting party, within the
program, who will ensure that the incident is reported to the appropriate agency.
Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections 11164 et .
seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have
received training in the law within thirty (30) days of employmenVvolunteer activity.
M. Delegate shall obtain from the Department of Justice (DOJ), records of all convictions involving any
sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers
for all positions in which he or she would have supervisory or disciplinary power over a minor, as
provided for in Penal Code Section 11105.3. A copy of a license from the State of California is
sufficient proof of DOJ clearance.
N. Delegate shall not employ in any capacity, paid or volunteer, any person who has been convicted of
any crime of violence or of any sexual crime and shall, upon discovery of such, terminate the
employment of said person. Delegate shall investigate all incidents where an applicant, employee,
intern or volunteer has been arrested for any crime listed in penal Code Section 11105.3 and shall
take action to either deny employment or terminate where the investigation shows that the
underlying conduct associated with the arrest renders the person unsuitable for employment,
internship, or volunteer services. Delegate shall immediately notify the County concerning the
arrest andlor conviction, for other than minor traffic offenses, of any paid employee, agent
consultant, intern or volunteer staff, when such information becomes known to Delegate.
O. Delegate shall make every reasonable effort to prevent employees, consultants or members of its
governing bodies from using their positions for purposes that are, or give the appearance of being
motivated by a desire for private gain for themselves or others, such as those with whom they have
family, business, or other ties. In the event County determines a conflict of interest exists, any
increase in costs associated with the conflict of interest may be disallowed by County and such
conflict may constitute grounds for termination of the Contract. This provision shall not be construed
to prohibit employment of persons with whom Delegate's officers, agents, or employees have family,
business or other ties so long as the employment of such persons does not result in increased costs
over those associated with the employment of any other equally qualified applicants and such
persons have successfully competed for employment with other applicants on a merit basis.
P. Delegate shall maintain in accordance with County Risk Manager requirements such insurance as will
fully protect Delegate and County from any and all claims under any worker's compensation act or
employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to
property or for personal injury, including death, or violation of civil rights claim made by anyone
whomsoever which may arise from any negligent act carried on under this Agreement, either by
Delegate, any subcontractor or by anyone directly or indirectly engaged or employed by either of
them. Delegate agrees to and shall comply with the following indemnification and insurance
requirements:
1. Indemnification - The Delegate agrees to indemnify, defend and hold harmless the County
and its authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, and lor liability arising from Delegate's acts negligent or illegal, errors or
omissions and for any cost or expenses incurred by the County on account of any claim
therefore, except where such indemnification is prohibited by law.
2. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto,
the Delegate shall secure and maintain throughout the Contract the following types of
insurance with minimum limits as shown:
a. Worker's Compensation - A program of Workers' Compensation insurance or a State-
approved Self Insurance Program in amount or form to meet all applicable
requirements of the Labor code of the State of California, including Employer's Liability
Page 7 of 15
with $250.000 limits, covering all persons providing services on behalf of the
consultant and all risks to such persons under this Agreement.
b. Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage of owned, hired and non-
owned vehicles. The policy shall have combined singe limits for bodily injury and
property damage of not less ihan one million dollars ($1,000,000).
c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for
bodily injury and property damage and $3,000,000 in the aggregate or
Professional Liability - Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
the County and its officers, employees, agents and volunteers as additional named insured
with respect to liabilities arising out of the performance of services hereunder.
4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional
Liability, Delegate shall require the carriers of the above required coverages to waive all rights
of subrogation against the County, its officers, employees, agents, volunteers, contractors and
subcontractors.
5. Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
County.
6. Proof of Coverage - Delegate shall immediately furnish certificates of insurance to the County
Department administering the Contract evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services
hereunder, which certificates shall provide that such insurance shall not be terminated or
expire without thirty (30) days written notice to the Department, and Delegate shall maintain
such insurance from the time Delegate commences performance of services hereunder until
the completion of such services. Within sixty (60) days of the commencement of this
Agreement, the Delegate shall furnish certified copies of the policies and all endorsements.
7. Insurance Review - The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements to require additional types of insure coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against
the County, inflation, or any other item reasonably related to the County's risk.
8. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this Agreement. Delegate agrees to execute any such amendment within thirty
(30) days of receipt.
9. Notwithstanding any of the other provisions of this article, presentation of evidence or a
certificate by Delegate of a bona fide program of self-insurance coverage in an amount of not
Page 8 of 15
V. Delegate will observe the mandatory standards and policies relating to energy efficiency in the State .
Energy Conservation Plan (Title 20, Chapter 4, California Code of Regulations).
W. If the amount available to Delegate under this Contract, as specified in Article VI, Paragraph A,
exceeds $100,000, Delegate agrees to comply with Section 306 of the Clean Air Act (42 USC 1857
h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental
Protection Agency regulations (40 cm, Part 15).
X. Delegate shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of
this Contract. Recycled printed products shall include a symbol identifying the recycled material.
Y. Delegate understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the County, shall be the Delegate's sole expense and shall not be
charged as a cost under this Contract. In the event of any contract dispute hereunder, each Party
to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the
outcome of the dispute.
V. COUNTY RESPONSIBILITIES
A. The County shall supervise, evaluate, and provide guidance and direction to the Delegate in the
conduct of activities performed under this agreement.
B. Compensate Delegate per the provisions outlined in Section VI of this contract.
C. Monitor and evaluate contract performance, on an on-going basis, by scheduling periodic meetings
with Delegate to discuss performance, problem areas, procedures, and recommended changes.
D. County will notify Delegate whenever a site is added, relocated or closed.
E. Provide a County HSS staff member who will act as a liaison between PSD and Delegate.
F. In accordance with the approved grants, the County will provide to the Delegate such supportive
services and monitoring as agreed upon, to include the following:
a. Administration
b. Disability Services
c. Educational Program for Children
d. Eligibility Services
e. Health Services: Medical, Dental, Mental and Nutrition
f. Parent Involvement, TITA and monitoring
g. Qualifications for Staff
h. Social Services
i. Training: Pre-service/ln-servicelWorkshops
G. The County may, from time to time, request changes in the scope of the services of the Delegate to
be performed hereunder. Such changes, including any increase or decrease in the amount of the
Delegate's allocation which are mutually agreed upon by and between the County and the
Delegate, must be incorporated in written in written amendments to this agreement.
VI. FISCAL PROVISIONS
A. The maximum amount of reimbursement under this Contract shall not exceed $228,962.00 and
shall be subject to availability of funds to the County. The consideration to be paid to Delegate, as
Page 10 of 15
less than one million dollars ($1,000,000) shall satisfy all requirements contained in said other.
provisions of this article.
Q. Delegate agrees to and shall comply with the County's Child Support Compliance Program.
requirements:
1. Delegate's Warranty of Adherence to'County's Child Support Compliance Program.
Delegate acknowledges that County has established a goal of ensuring that all individuals who
benefit financially from County through contract are in compliance with their court-ordered
child, family and spousal support obligations in order to mitigate the economic burden
otherwise imposed upon County and its taxpayers. As required by County's Child Support
Compliance Program (County Code Section 110.0101 et seq.) and without limiting Delegate's
duty under this contract to comply with all applicable provisions of law, Delegate warrants that
it is now in compliance and shall during the term of this contract maintain compliance with
employment and wage reporting requirements as required by the Federal Social Security Act
(42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and
shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney
Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of
Civil Procedure Section 706.031 and Family Code Section 5246(b). Delegate hereby
acknowledges the County may require the Delegate to submit a completed Principal Owner
InfonTIation (POI) Form upon the request of the District Attorney.
2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support
Compliance Program.
Failure of Delegate to maintain compliance with the requirements set forth in the preceding
paragraph shall constitute a default by Delegate under this contract. Without limiting the rights
and remedies available to County under law or under any other provision of this contract,
failure to cure such default within 90 days of notice by the San Bernardino County Department
of Child Support shall be grounds upon which the County Board of Supervisors may terminate
this contract.
R. Delegate shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or
regulations relating to its duties, obligations and performance under the terms of the Contract and
shall procure all licenses and pay all fees and other charges required thereby. Delegate shall
maintain all required licenses during the term of this Contract. Failure to comply with the provisions of
this section may result in immediate termination of this Contract.
S. Delegate shall comply with all applicable local health and safety clearances, including fire clearances,
for each site where services are provided under the terms of this Contract.
1. Delegate agrees to comply with the provisions of the Equal Opportunity Program of the County of San
Bernardino as well as Executive Order 11246, as amended by Executive Order 11375, 11625, 12138,
12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the Department of Social
Services Manual of Polices and Procedures and California Welfare and Institutions Code, Section
1000), the California Fair Employment and Housing Act, and other applicable Federal, State, and
County laws, regulations and policies relating to equal employment or social services to welfare
recipients, including laws and regulations hereafter enacted. Delegate shall not unlawfully discriminate
against any employee, applicant for employment, or service applicant or recipient on the basis of
race, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability.
Information on the above rules and regulations may be obtained from the Human Services System
(HSS) Contract Compliance Designee at (909) 388-0255.
U. Delegate agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA).
Page 9 of 15
. provided herein, shall be in full payment for all Delegates' services and expenses incurred in the
performance hereof, including travel and per diem.
B. The Delegate will contribute $71,150.00 to the program funds. Such contributions shall be in cash -
in the amount of $-0-, and in-kind in the amount of $71,150.00, per Attachment - B.
C. The County agrees to reimburse the Dele!jate for authorized expenditures. The Delegate will
submit to the County statements that are sufficient to support payment under the County's
accounting procedures established or approved by the County's Controller. Within thirty (30) days,
the County will approve or disapprove payment of the statements. In no event, will the Delegate
receive reimbursement exceeding $228,962.00, except as if it has received prior written
authorization from the County, which shall be incorporated into and attached to this agreement.
D. For food services, the Delegate will provide invoices once a month to PSD Finance Department not
later than the tenth (10th) day of each month for the previous month's activities. Invoices shall
include, and be based upon the actual number of meals served.
E. Delegate will maintain record control over all non-expendable property purchased, including all
office machinery and office furniture, regardless of value. Record control means: (1) Written
records furnishing item description, serial andlor model number, acquisition cost and document
number and date; (2) all pieces of property shall be tagged for purpose of identification; (3) an
inventory of property shall be submitted to the County annually; (4) disposal, loss or destruction of
property shall be properly documented, with copies of such documentation furnished to the County
within thirty (30) days following the occurrence causing the same. Non-expendable property is any
article having a service life in excess of one (1) year and which cannot be correctly described as
either materials or supplies. Title to this property, whether purchased or donated as non-Federal
share contribution, shall be determined in accordance with ACF and State Preschool guidelines.
Any purchase in excess of five thousand dollars ($5,000) not approved in the original budget must
be approved in writing by the funding sources.
F. Costs for services under the terms of this Contract will be incurred during the contract period
except as approved by County. Delegate will not use current year funds to pay prior or future year
obligations.
G. Funds made available under this Contract shall not supplant any federal, state or any governmental
funds intended for services of the same nature as this Contract. Delegate shall not claim
reimbursement or payment from County for, or apply sums received from County with respect to
that portion of its obligations, which have been paid by another source of revenue. Delegate
agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a
contribution or compensation for purposes of obtaining funds from another revenue source without
prior written approval of the County.
H. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting
from this Contract however designated, levied or imposed, unless County would otherwise be liable
for the payment of such taxes in the course of its normal business operations.
I. Keep full and accurate records of its food service operation to serve as a basis for claim for
reimbursement, and for audit and review purposes. The records to be kept must include the
following:
a. Daily attendance records
b. Daily meal count, by types of meals served for both children and adults.
c. Menu planning worksheet, including specific type and amount of food used.
d. Monthly inventory records to determine cost of food.
e. Program expenditures supported by invoices, receipts, or other proof of
expenditures for food and labor.
Page 11 of 15
VU. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Delegate in the delivery of services
provided under this Contract.
B. County or any subdivision or appointee thereof, and the State of California or any subdivision or
appointee thereof, including the Auditor General, and the Food & Nutrition Service of the USDA, shall
have absolute right to review and audit all records, books, papers, documents, corporate minutes, and
other pertinent items as requested, and shall have absolute right to monitor the performance of
Delegate in the delivery of services provided under this Contract. Full cooperation shall be given by
Delegate in any auditing or monitoring conducted.
C. Delegate shall cooperate with County in the implementation, monitoring and evaluation of this
Contract and comply with any and all reporting requirements established by this Contract.
D. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by County, Federal and State representatives for a period
of five years after final payment under the Contract or until all pending County, State and Federal
audits are completed, whichever is later. Records of the Delegate which do not program to the
services under this Contract shall not be subject to review or audit unless provided in this or another
Contract. Technical program data shall be retained locally and made available upon the County's
reasonable advance written notice or turned over to County. If said records are not made available at
the scheduled monitoring visit Delegate may, at County's option, be required to reimburse County for
expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not
exceed $50 per hour (including travel time) and be deducted from the following month's claim for
reimbursement.
E. Records of the Delegate that do not pertain to the program shall not be subject to audit unless
provided for in another agreement.
F. Delegate shall provide all reasonable facilities and assistance for the safety and convenience of
County's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work of the Delegate.
G. Provide adequate supervisory and operational personnel for overall monitoring and management of
each food service operation under its jurisdiction and promptly take such actions as are necessary
to correct deficiencies.
VIII. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Delegate to comply with any of the provisions, covenants, requirements or conditions of this
Contract shall be a material breach of this Contract.
B. In the event of a non-cured breach, County may, at its sole discretion and in addition to immediate
termination and any other remedies available at law, in equity, or otherwise specified in this Contract:
1. Afford Delegate thereafter a time period within which to cure the breach, which period shall be
established at sole discretion of County; andlor
2. Discontinue reimbursement to Delegate for and during the period in which Delegate is in
breach, which reimbursement shall not be entitled to later recovery; andlor
3. Withhold funds pending duration of the breach; andlor
Page 12 of 15
4. Offset against any monies billed by Delegate but yet unpaid by County those monies-
disallowed pursuant to Item "2" of this paragraph; andlor
5. Impose liquidated damages which will reduce the total reimbursable amount of the Contract by .
the amount(s) levied and not claimable by Delegate. This remedy shall only be used when
reasonable efforts to correct a performance or violation deficiency have failed to correct the
problem, or in circumstances of unacceptable or negligent performance of Delegate as
determined by County. There is no limit to the number of adjustments County may levy per
each instance.
6. Terminate this Contract and be relieved of the payment of any consideration to Delegate
should Delegate fail to perform the covenants herein contained at the time and in the manner
herein provided. In event of such termination, the County may proceed with the work in any
manner deemed proper by the County. The cost to the County shall be deducted from any
sum due to the Delegate under this Contract and the balance, if any, shall be paid by the
Delegate upon demand.
IX. TERM
This Contract is effective as of September 1, 2000 and expires June 30, 2001, but may be terminated earlier
in accordance with provisions of Article X of the Contract.
X. EARLY TERMINATION
A. The County may terminate the Contract immediately under the prOVIsions of Article VII of the
Contract. In addition, the County may terminate the Contract without cause by serving a written
notice to the Delegate thirty (30) days in advance of termination. The Assistant County Administrator
_ Human Services System is authorized to exercise the County's rights with respect to any
termination of this Contract.
B. Delegate will only be reimbursed for costs and uncancelable obligations incurred prior to the date of
termination. Delegate will not be reimbursed for costs incurred after the date of termination.
XI. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and
mailed to the following respective addresses listed below.
Delegate:
San Bernardino City - Parks & Recreation
547 North Sierra Way
San Bernardino, CA 92410
County:
County of San Bernardino
Human Services System
Attn: Contract Administration
150 S. Lena Road
San Bernardino, CA 92415-0515
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment arrangement between the Parties hereto, nor shall either Party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the Party hereto.
Page 13 of 15
C. The State and County will have all ownership rights in software or modifications thereof 'and. .
associated documentation designed, developed or installed with Federal financial participation. The
Federal Government (DHHS and FCS) reserves a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use and to authorize others to use for Federal Government
purposes, such software modification, and documentation. Proprietary software packages whiCh are
sold or leased to the general public are not sUbject to the ownership provisions. '
D. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided
under this agreement from accounts payable to Delegate in the event debts and wages have not
been paid on a current basis.
E. No waiver of any of the provisions of the Contract Documents shall be effective unless it is made in
a writing which refers to provisions so waived and which is executed by the Parties. No course of
dealing and no delay or failure of a Party in exercising any right under any Contract Document shall
affect any other or future exercise of that right or any exercise of any other right. A Party shall not
be precluded from exercising a right by its having partially exercised that right or its having
previously abandoned or discontinued steps to enforce that right.
F. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly
signed and approved by the Authorized Representatives of both parties as an amendment to this
Contract. No oral understanding or agreement not incorporated herein shall be binding on any of
the Parties hereto.
G. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be
affected.
H. This Contract shall be governed by and construes in all aspects in accordance with the laws of the
State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive
jurisdiction of the federal and state courts located in the County of San Bernardino, for any and all
disputes arising under this Contract, to the exclusion of all other federal and state courts.
XII. CONCLUSION
A. This Contract, consisting of fifteen (15) pages and Attachments; A - CACFP Meal Patterns for
Older Children, B - Program Budget, including report of In-kind Contributions, is the full and
complete document describing services to be rendered by Delegate to County including all
covenants, conditions and benefits.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused
this Agreement to be subscribed to by the Clerk thereof, and Delegate has caused this Agreement
to be subscribed in its behalf by its duly authorized officers, the day, month and year written.
Page 14 of 15
~
Jon
By
- si in blue ink)
. COUNTY OF SAN BERNARDINO
upervisors
AUG 2 9 2000
Name
Gordon McGinnis
Mayor Pro Tern
Dated:
Title
Dated:
J.\(.\(,-,( 1\', '/;" ;; (,('l'
,
By
Address 547 North Sierra Way
San Bernardino. CA 92410
Reviewed by Contract Compliance
~ 1rzm~) ~l1ttik )
Tanya Bratton, ontract Compliance
Reviewed for Processing
~
Agency Administrator/CAD
Date
<6'J4-00
Dale
eJ.4 -DO
Date
Page 15 of 15
,
,.
. CDElCNFDD
CCFP/CCC 10198
. AppenolX 400.3 ATTACHMEN1\ A
CCFP MEAL PATTERNS FOR OLDER ClllLDREN
Ages one to Ages. three to Age.rb: thrOugh
BREAKFAST three yean six )lean twelve yean
. Milk, fluid V. cup ].4 cup 1 cup
. Vegetable, fruit, or full-strength juice Y4 cup 'hcup 'hcup
. Grainslbreads (whale grain or enriched): bread, V. slice 1/2 slice 1 slice
or ralls, muffins, etc. v~ serving '12 serving 1 serving
or cold dry cereal, (volume or weight, whichever is less) y. cup or 1/3 oz 1/3 cup or ~ oz ,(. cup or 1 oz
or cooked cereal, pasta, noodle products, or cereal grains y. cup 1A cup 'h cup
LUNCH OR SUPPER
. Milk, fluid V. cup .3/4 cup 1 cup
. Vegeuble and/or fruit (two or more kinds) y. cup total 'I. cup total Y. cup total
. Grainslbreads (whole grain or enriched): bread 'h slice 'hsUcc I slice
or rolls, muffIns, eto. 'h serving 'h serving '1 serving
or cooked, pasta, noodle products, or coreal grains ~cup Y. cup 'hcup
. Meat Imeat alternates
Lean meat, fish. or pou1l1j' (edible portion as served) , I oz Il',oz 20z
or cheese (natural or proccssed) loz l'hoz 20z
or cottage cheese, cheese food/ch.....<e spread substitute ~ cup or2 oz 3/8 cup or 3 oz I', cup or 4 oz
or egg legg I egg 1 egg
or cooked dry beans, or peas' Y. cup 3/8 cup 'h cup
or peanut butter, reduced-fat peanut butter, soynut butter 2 Tbsp. 3 Tbsp. 4 Tbsp.
or other nut or seed butters
Dr peanuts, soynuts, tret nuts, roasted peas, or seeds'" Vz DZ" 3/4 oz" 1 oz..
or yogurt, plain or flavored, unsweetened or sweetened 'I. cup 3/4 cup 1 cup
or an equivalent quantity of any combination of the above
meat and meat alternates.
AM OR PM SUPPLEM:ENT(Selca two of these four components)'"
. Milk, fluid 'h cup 'h cup I cup
. Vegetable, fruit, or full-strength Juice 'hcup V. cup 3/4 cup
. Grainslbreads (whole grain or enricbed): bread V. sUce V. slice 1 slice
or rolls) muffins, etc. V. serving V. serving 1 serving
or cold dry cereal (volume or weight, whichever is less) V. cup or 1/3 az 1/3 cup or 'I.az ~ cup or 1 oz
or cooked cereal, pasta, noodle products, or cereal grains 1J4 cup V. cup 'h cup
. Meat/meat alternat...
Lean meat, fish, or pou1l1j' (edible portion as scrved) 'hoz 'hoz loz
or cheese (natural or processed) '12 az 'hoz 10%
or cottage cheese, cheese food/cheese spreail. substitute 1/8 cup or 1 oz 1/8 cup or I az 1(. cup or 2 oz
or egg 'h egg 'hegg 1 egg
or yogurt, plain or flavored, unswcetened or swectened"" v. cup 'A cup 'h cup
or cooked dry beans, or peas' 1/8 cup 1/8 cup 'A cup
or peanut butter, reduced-fat peanut butter, soy nut butter, 1 Tbsp lTbsp 2 Thsp.
or ather nut or seed buttcrs
or peanuts, soynuts, tree nuts, roasted peas, or seeds 'hoz 'hoz 10%
or an Cl\uivalent quantity of any combination of the above
meat and meat alternates.
.
.. Dried beaD:! or dried pcu may be used u I. 10elt a.Ueraltc or vegtblble component, but cannot bt counted IJ both in the !amI: me:al.
*If No more than SO percent arthe requirement shall be mctwlth nut! or seeds. Nut!; or seeds must be combined with another mClltlmeat
alternate to fulfill the requirement. To determine combinations, 1 oz.. or DUts or seed5l.s equal to 1 oz. of cooked lean meat, poultryl or fisb,
ROiJted pe.u can count 1.5 a meat alternl.te. or vegetable component. but cannot be counted u both 10 the saDle mtal.
.. If. Juice CCUlllOl bf: served when milk is nned u the only other c.omponcnt.
.... !fyogurt bused IJ the mea.t component In supplcmcnB, mUle. cannot be used to satisfy the second component requirement. COMmercially
added fruit or nubi In navored yogurt cannot be used to satisfy the sec.ond component requirement in suppleme.nt!.
ATTACHMENT - B
PRESCHOOL SERVICES DEPARTMENT
2000-01
SAN BONO. PARKS & RECREATION
4 CLASSES OF 15
A. PERSONNEL
TOTAL
SITE SUPERVISOR $22,979
3 TEACHERS $59,643
TEACHER $18,376
4 TEACHER AIDE $32,476
CLERK $12,990
TOTAL $146,464
B. FRINGE BENEFITS
RETIREMENT $7,979
MEDICARE $2,124
HEALTH INSURANCE $33,134
WORKERS COMP $5,126
SUI $366
TOTAL $48,729
E. SUPPLIES
CLASSROOM $1,000
OFFICE $700
POSTAGE $71
EQUIPMENT $500
TOTAL $2,271
F. CONTRACTUAL
FIELD TRIP $802
TOTAL $802
Page 1 of '2
PRESCHOOL SERVICES OEPAijTMENl:
2000-01
SAN BONO. PARKS & RECREATION
4 CLASSES OF 15
H.OTHER
TOTAL
PARENT ACTIVITY
EQUIP. MAINT/REPAIR
FOOD
TELEPHONE
ADMISSIONS
$200
$500
$300
$700
$400
TOTAL
$2,100
GRAND TOTAL
$200,366
NON FEDERAL SHARE
ADMINISTRATION
VOLUNTEERS
SPACE COSTS
OVERHEAD FINANCE
$12,850
$6,210
$50,030
$2,060
TOTAL
$71,150
Page 2 of 2