HomeMy WebLinkAbout1999-238
RESOLUTION NO. 1999-238
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE THE AGREEMENTS
3 FOR DELEGATION OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT AND AUTHORIZING THE DIRECTOR OF
4 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
ADMINISTER FEDERAL GRANTS TO CONTINUE THE HEADSTART/PRESCHOOL
5 PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is authorized to execute the
Agreements 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
HeadstartlPreschool Program at Delmann Heights Community Center.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the Agreements are 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.
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1999-238
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE THE AGREEMENTS
2 FOR DELEGATION OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT AND AUTHORIZING THE DIRECTOR OF
3 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
ADMINISTER FEDERAL GRANTS TO CONTINUE THE HEADSTART/PRESCHOOL
4 PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
joint regular
meetin
7 thereof, held on the 20th
8 COUNCIL MEMBERS:
9 ESTRADA
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 (VACANT) -5th Ward
14 ANDERSON
15 MILLER
16
17
18
day of September
, 1999, by the following vote, to wit
ABSTAIN ABSENT
AYES
NAYS
x
x
x
x
x
x
~~-ff ~(~ ,
. CITY CLERK
19
20
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22
'------
/Vctay of~ember
-:' /. A--'/
L~?
ALLES, Mayor
City 0. San Bernardino
\
\
.\
The foregoing Resolution is hereby approved this
, 1999,
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
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2
1999-238
,tJod, J tf.Lf
CONTRACT 6050-9
County of San Bernardino. PRESCHOOL SERVICES DEPARTMENT
250 S, Lena Road
San Bernardino, CA 92408
AGREEMENT FOR
DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES AND
ADMINISTRATION FOR CHILDREN AND FAMILIES
GRANT NO. 09CH-0416/35 - FEDERAL
IP, Y. 1999.2000)
This agreement entered into as of September 1, 1999 including attached
conditions and program guidelines, shall govern all activities of the County of San
Bernardino Preschool Services Department, financed under DEPT. HHS/ACF No.
09CH-0416/35 (ACF) Administration for Children and Families. Funding period for
grant is September 1, 1999 through August 31, 2000.
Said activities will be carried out by SAN BERNARDINO CITY PARKS AND
RECREATION DIVISION, hereinafter referred to as "DELEGATE," on behalf of the
Preschool Services Department and the County of San Bernardino Board of
Supervisors, hereinafter referred to as "GRANTEE". The GRANTEE and the
DELEGATE agree as follows:
1. WORK TO BE PERFORMED. The DELEGATE shall, in a satisfactory
manner as determined by the GRANTEE, perform all activities for the Head
Start/State Preschool Program account as approved in the ACF grant to the
GRANTEE, for sixty (60) children for a period of one hundred seventy (170) days.
2. COMPLIANCE WITH THE PROGRAM AS APPROVED. The DELEGATE
shall conduct the program to comply with funding sources' guidelines and
requirements, approved budget (see attachment) all GRANTEE requirements and
directives and any special conditions that may from time to time be requested.
Specifically, 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.
Page 1 of 9
'.
1999-238
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
3. REPORTS, RECORDS & EVALUATIONS. The GRANTEE shall supervise,
evaluate and provide guidance and direction under this agreement to the
DELEGATE in the conduct of activities delegated under this agreement. The
DELEGATE agrees to submit to the GRANTEE, such reports as may be required by
ACF directives or by the GRANTEE according to, but not limited to the following
schedule:
a. Finance Reports - Due 10th day of each month.
b. Attendance Reports - Due 5th day of each month.
c. Local Contributions - Due 10th day of each month.
d. Property Inventory - Due January 15, annually.
e. Final Reports, - September 15, annually.
f. Revision to Final Financial Report - for State, due August 15, for
ACF, October 1, annually.
g. Audit Report - requested.
h. Participant's Records (those records without parental consent to be
held for school information) - Due in GRANTEE Office 10 days
following close of classes.
i. Personnel Policies and Grievances procedure for all program
employees - Due January 15, annually.
j. Policy Committee By-Laws - Due January 15, annually.
k. Affirmative Action Policy - Due January 15, annually.
I. All program and fiscal records must be retained for five (5) years.
m. Copy of appropriate insurance policy, January 15, annually.
The DELEGATE agrees to prepare and retain, and permit the GRANTEE to inspect
as it deems necessary for grant purposes in addition to inspections authorized by
the conditions in the grants from ACF the following records:
Head StartlState Preschool Financial and Statistical, as well as other records that
may be required by relevant ACF and client information. The DELEGATE further
agrees that the GRANTEE may carry out monitoring and evaluation activities in the
program and will effectively ensure the cooperation of the DELEGATE'S
employees and board members in such efforts.
4. CHANGES. The GRANTEE 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 GRANTEE and the
DELEGATE, must be incorporated in written amendments to this agreement.
Page 2 of 9
1999-238
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
5. COMPLIANCE WITH THE LAW. The DELEGATE shall comply with all
applicable laws, ordinances and codes of the Federal Government and, when there
is no conflict with Federal, local laws.
6. CALENDAR YEAR. The program year will be standardized to cover (170)
days with a beginning date of September 7, 1999 and ending date of May 31,
2000.
7. FINANCIAL STATEMENT AND OTHER REPORTS. All reports must be
submitted at the scheduled time. Failure to comply may result in the withholding
of funds. The audit report must contain a statement that the auditor has
examined the disposition of all funds advanced under this agreement. Failure to
provide the report within the scheduled time will necessitate the GRANTEE
performing an audit of DELEGATE records, cost to be borne by the DELEGATE.
8. INDEMNIFICATION AND INSURANCE - The DELEGATE agrees to
indemnify, defend and hold harmless ACF, the GRANTEE, the County and their
authorized officers, employees, agents and volunteers from any and all claims,
actions, losses, damages and/or liability arising out of this contract from any
cause whatsoever, including the acts, errors or omissions of any persons and for
any costs or expenses incurred by ACF, the GRANTEE, the COUNTY on account
of any claim therefore, except where such indemnification is prohibited by law.
INSURANCE - Without in anyway affecting the indemnity herein provided and in
addition thereto, the DELEGATE shall secure and maintain throughout the term of
the contract the following types of insurance with limits as shown:
Worker's Compensation - A program of Worker's Compensation insurance or a
state-approved Self-insurance Program in an amount and form to meet all
applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000.00 limits, covering all persons providing
services on behalf of the DELEGATE and all risks to such persons under this
Agreement.
Comprehensive General & Automobile Liabilitv insurance - This coverage to
include contractual coverage, products liability and automobile liability
coverage for owned, hired and non-owned vehicles. The policy shall have
combined single limits for bodily injury and property damage of not less than
one million dollars ($1,OOO,OOO.00).
Page 3 of 9
1999-238
'.
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
ADDITIONAL NAMED INSURED - All policies, except for the Worker's
Compensation coverage, shall contain additional endorsements naming the
GRANTEE and the COUNTY and their officers, employees, agents and volunteers
as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
WAIVER OF SUBROGATION RIGHTS - DELEGATE shall require the carriers or self
insurance administrators of the above required coverages to waive all rights of
subrogation against ACF, the GRANTEE, and the COUNTY and their officers,
employees, agents, volunteers, contractors and subcontractors.
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.
PROOF OF COVERAGE - DELEGATE shall immediately furnish certificates of
insurance to the GRANTEE evidencing the required insurance coverage 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 GRANTEE, and shall maintain such insurance from the
time DELEGATE commences performances 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
endorsements. The insurance requirements set forth in section 8 herein shall be
satisfied by evidence of a bona fide self insurance program.
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 insurance 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.
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.
Page 4 of 9
1999-238
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
9. 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 an agreement or understanding for
a commission, percentage brokerage or contingent fee. For breach or violation of
this warrant, the GRANTEE shall have the right to nullify this agreement with
liability or, in its discretion, to deduct from the agreement or otherwise recover the
full amount of such commission, percentage brokerage, or contingent fee, or seek
such other remedies as legally may be available.
10. SCHEDULE PAYMENT. The GRANTEE agrees to reimburse the
DELEGATE for authorized expenditures. The DELEGATE will submit to the
GRANTEE statements that are sufficient to support payment under the
GRANTEE'S accounting procedures established or approved by the GRANTEE'S
Controller. Within thirty (30) days, the GRANTEE will approve or disapprove
payment of the statements. In no event, however, will the DELEGATE receive
reimbursement cost exceeding $177,299.00, except as it has received prior
written authorization from GRANTEE, which shall be incorporated into and
attached to this agreement.
11. TERMINATION. The GRANTEE, may, by giving reasonable written
notice specifying the effective date, terminate this agreement in whole or in part
for cause which includes: (1) failure, for any reason, of the DELEGATE to fulfill in
a timely and proper manner, its obligations under this agreement, including
compliance with the approved program and attached conditions, and such
statutes, Executive Orders, and ACF directives as may become generally
applicable at any time; (2) submission by the DELEGATE to ACF or the
GRANTEE of reports that are incorrect or incomplete in any material respect; (3)
ineffective or improper use of funds provided under this agreement; and (4)
suspension or termination by ACF the grant to the GRANTEE under which this
agreement is made, or the portion thereof delegated by this agreement. The
GRANTEE may also assign and transfer this agreement when required by ACF
direction. If the DELEGATE is unable or unwilling to comply with such additional
conditions as may be lawfully applied by ACF to the grants to the GRANTEE, the
DELEGATE shall terminate the agreement by giving a ninety (90) day written
notice to the GRANTEE, signifying the effective date thereof. In such event the
GRANTEE may require the DELEGATE to ensure that adequate arrangements have
been made for the transfer of the delegated activities to another DELEGATE or to
the GRANTEE. In the event of any termination, all property and finished or
unfinished documents, data, studies, and reports purchased or prepared by the
DELEGATE under this agreement, shall be disposed of according to ACF
directives, and the DELEGATE shall be entitled to compensation for any un-
reimbursed expenses reasonably and necessarily incurred in satisfactory
Page 5 of 9
1999-238
Delegation Agreement nCont'd.
CONTRACT NO. 6050-9
performance of the agreement. Notwithstanding the above, the DELEGATE shall
not be relieved of liability to the GRANTEE for damages sustained by the
GRANTEE by virtue of any breach of the agreement by the DELEGATE and the
GRANTEE may withhold any reimbursement to the DELEGATE for the purpose of
set-off until such time as the exact amount of damages due to GRANTEE from the
DELEGATE is agreed upon or otherwise determined. Upon sixty (60) days written
notice delivered in person or by registered or certified mail, either the GRANTEE or
the DELEGATE may terminate this agreement without cause.
, 2. NON-FEDERAL SHARE. The DELEGATE will contribute $83,802.00 to
the program funds. Such contribution shall be in cash in the amount of $-0-, and
in-kind in the amount of $83,802.00, per attached budget.
13. In accordance with the approved grants, GRANTEE will provide
DELEGATE Agency with such supportive monitoring services as agreed upon, to
include the following:
a. Health Services: Medical, Dental, Mental and Nutrition
b. Social Services
c. Eligibility Services
d. Training: Pre-service/ln-service/Workshops
e. Parent Involvement, T/T A and Monitoring
f. Disability Services
g. Administration
h. Educational Program for Children
i. Qualifications for Staff.
, 4. ACCOUNTING FOR PROPERTY. 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 at least item description, serial and/or 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
GRANTEE annually; (4) disposal, loss or destruction of property shall be properly
documented, with copies of such documentation furnished the GRANTEE 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 no-Federal share contribution, shall be
determined in accordance with ACF guidelines. Any purchase in excess of five
hundred dollars ($500) not approved in the original budget must be approved in
writing by the funding sources.
Page 6 of 9
1999-238
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
15. PUBLICATION AND PUBLICITY. The DELEGATE may publish results of
its function and participation in the approved program without prior review by the
GRANTEE, providing that such publication acknowledges that the program is
supported by funds awarded by ACF, and that five (5) copies of each publication
be furnished to ACF, plus copies to the GRANTEE as the GRANTEE may
reasonably require.
16. COPYRIGHTS. If this agreement results in a book or other copyrightable
material, the author is free to copyright the work, but the Administration for
Children and Families reserves a royalty-free non-exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, all
copyrighted material and all material which can be copyright resulting from this
agreement.
17. PATENTS. Any discovery or invention arising out of or developed in the
course of work aided by this agreement shall be promptly and fully reported to the
GRANTEE and to the Director of ACF for determination as to whether patent
protection on such invention or discovery shall be sought and how the rights in
the invention or discovery, including rights under any patent issued thereon, shall
be disposed of and administered in order to protect public interest.
18. POLITICAL ACTIVITY PROHIBITED. None of the funds, materials,
property or services contributed by the GRANTEE or the DELEGATE under this
agreement shall be used in the performance of this agreement for any partisan
political activity, or to further the election or defeat of any candidate for public
office.
19. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship,
instruction or proselytizing as part of or in connection with performance of this
agreement.
20. NONDISCRIMINATION CLAUSE. During the performance of this
contract, the DELEGATE, contractor and its subcontractor shall not unlawfully
discriminate, harass or allow harassment, against any employee or applicant for
employment because of sex, race, color. ancestry, religious creed, national origin,
disability (including HIV and AIDS), medical condition (cancer), age, marital status,
and denial of family and medical care leave and denial of pregnancy disability
leave. The DELEGATE, contractors and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are
free from such discrimination and with the provisions of the Fair Employment and
Housing Act (Government code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulation, Title 2, Section
7285.0 et seq.l. The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12990 (a-f), set forth in
Page 7 of 9
1999-238
Delegation Agreement --Cont'd.
CONTRACT NO. 6050-9
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part hereof as if set forth
in full. Contractor and its subcontractor shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This DELEGATE, contractor shall include
the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the contract.
21. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S
CHILDSUPPORT COMPLIANCE PROGRAM - CONTRACTOR 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 CONTRACTOR'S duty under this contract
to comply with all applicable provisions of law, CONTRACTOR 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
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). CONTRACTOR hereby
certifies that it has submitted to the COUNTY a completed Principal Owner
Information (POI Form) and Child Support Compliance Program Certification (CSCP
Certification) .
********
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Page B of 9
1999-238
Delegation Agreement .-Cont'd.
CONTRACT NO. 6050-9
This Agreement shall be effective with respect to the delegation of activities,
during the period commencing for program year September 1, 1 999 and ending
August 31, 2000 unless terminated early as herein provided.
IN WITNESS WHEREOF, the GRANTEE and the DELEGATE have executed this
agreement of the date first above written.
ON BEHALF OF SERVICE INSTITUTION:
ON BEHALF OF SPONSORING AGENCY:
CITY OF SAN BERNARDINO
PARK & RECREATION DIVISION
COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT
)
Ac;O~
Si9rG7ure
------ -
JUDITH VALLES. MAYOR
City of San Bernardino
Type or Print Name and Title
JON D. MIKELS
Chairman. Board of SUDervisors
Type or Print Name and Title
tJ1'P"'~~
, ,
SEP 2 8 '999
Date
Date
"
',:~.
Page 9 of 9
. "
1999-238
PRESCHOOL SERVICES DEPARTMENT
1999-2000
SAN BONO. PARKS & RECREATION
A. PERSONNEL
TEACHER DIRECTOR
3 TEACHERS
4 TEACHER AIDE
CLERK
TOTAL
B. FRINGE BENEFITS
RETI REMENT .
MEDICARE
HEALTH INSURANCE
WORKERS COMPo
SUI
TOTAL
E. SUPPLIES
CLASSROOM
OFFICE
POSTAGE
EQUIPMENT
TOTAL
F. CONTRACTUAL
FIELD TRIP
TOTAL
GRAND
TOTAL
$21.887
$56.803
$31.234
$12.494
$122.418
$122.418
$11.754
$1.775
$31.386
$4.285
$306
$49.506
$1.470
$623
$71
$500
$2.664
$902
$902
,"
I' ,
, .
1999-238
SAN BONO. PARKS & REC. 1999-2000
H. OTHER
PARENT ACTIVITY
EQUIP. MAINT/REPAIR
FOOD
TELEPHONE
ADMISSIONS
TOTAL
GRAND TOTAL
so
NON FEDERAL SHARE
ADMINI STRATI ON
VOLUNTEERS
SPACE COSTS
OVERHEAD FINANCE
TOTAL
50
GRAND
TOTAL
$200
$389
$400
$620
$200
$1.809
$177 .299
$15.075
$6,210
$60.040
$2.477
$83.802
I/;r-f c2 d ~
1999-238
COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT
250 SOUTH LENA ROAD
SAN BERNARDINO, CALIFORNIA 92408
Delegate Agency
FOOD SERVICES AGREEMENT - P.Y. 1999/2000
NAME OF AGENCY
ADDRESS
SAN BERNARDINO CITY - PARKS & RECREATION
2969 FLORES STREET
SAN BERNARDINO. CA 92405
CONTRACT NUMBER:
NUMBER OF CHILDREN:
NUMBER OF SITES:
#7050-9
60
1
In order to serve meals to the Head Start/State Preschool enrollees at the County of
San Bernardino - PRESCHOOL SERVICES DEPARTMENT (hereinafter referred to as the
"SPONSORING AGENCY") AND DELEGATE AGENCY whose name and address appear
above (hereinafter referred to as the "SERVICE INSTITUTION"), acting on behalf of the
number of sites listed above, agree as follows:
THE SPONSORING AGENCY AGREES THAT: To the extent of reimbursement
received from the State of California Department of Education, Child Nutrition and
Food Services Program (Attachment A), it shall make payment to the SERVICE
INSTITUTION, These payments shall be in accordance with pertinent reports received
from the SERVICE INSTITUTION as required by the SPONSORING AGENCY.
Payments will be based on the SERVICE INSTITUTION'S report of total meals served
times reimbursement rates, or total cost of food, whichever is less and not to exceed
$28.112.00,
THE SERVICE INSTITUTION REPRESENTS AND WARRANTS THAT: It is a non-profit
agency that is exempt, or moving towards being exempt, from income tax under the
Internal Revenue Code as amended, and is the agency with delegated authority for the
operation of food services for the site(s) listed above, and in order to qualify for
reimbursement under this agreement, agrees it will:
1 , Conduct a non-profit food service operation and use income accruing to its
food service operations only for program purposes,
Page 1 of 7
1999-238
Food Services Agreement -- Cont'd,
Contract No. 7050-9
2, Each meal shall comply with California Adult and Child Food Program
(CACFP) requirements set by the United States Department of Agriculture
and State Department of Education-Child Nutrition and Food Distribution
Division for the National Student Lunch and Nutritional Needs Program, The
contents of the menus shall contain such items as are necessary to meet
these requirements. (See Meal Patterns - Attachment B)
3, Maintain, in storage, preparation, and service of food, proper sanitation and
health standards in conformance with applicable State and local laws and
regulations; maintain necessary facilities for sorting, preparing and serving
food,
4. Purchase in as large quantities as may be effectively utilized in its food
service, food designated as plentiful by the SPONSORING AGENCY,
5. 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.
6. Submit claims for reimbursement in accordance with procedures established
by the SPONSORING AGENCY,
7. Submit claims for number of meals served and not for number of meals
delivered.
8. 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: Daily attendance records;
daily meal count, by types of meals served, for both children and adults;
menu planning worksheets including specific type and amount of food used;
monthly inventory records to determine the cost of food; program
expenditures supported by invoices, receipts, or other proof of expenditures
for food and labor.
9, Insure that a temperature of food will meet local, State and health standards
when food is delivered to site(s).
10. Make substitutions on foods if individual participating children are unable to
consume such foods because of medical and other special dietary needs.
Such substitutions shall be made only when supported by a statement from a
recognized medical authority which includes recommended alternate foods.
Page 2 of 7
1999-238
Food Services Agreement -- Cont'd,
Contract No, 7050-9
11 , Maintain washing of eating and serving utensils which meets local health
department standards.
12. Insure that chairs, tables and eating utensils will be suitable for the size and
developmental level of the children,
13, Refrain from using paper or styrofoam tumblers because they are
unacceptable.
14. 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,
15, Upon request, make all accounts and records pertaining to the program
available to the SPONSORING AGENCY and to the FOOD AND NUTRITION
SERVICE OF THE USDA, for audit or review, at a reasonable time and place,
Such records shall be retained beyond the five year period as long as required
for resolution of the issues raised by the audit,
The SERVICE INSTITUTION hereby certifies that it now complies with, and shall for
the entire term of this contract comply with, all requirements imposed by or pursuant
to SPONSORING AGENCY, as now or hereafter amended (7 CFR Part 15), to the end
no person in the United States shall, on the grounds of race, color, or national origin be
excluded by discrimination under this program operated by the SERVICE INSTITUTION,
INDEMNIFICATION AND INSURANCE - The SERVICE INSTITUTION agrees to
indemnify, defend and hold harmless the SPONSORING AGENCY, COUNTY, and its
authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, and/or liability arising out of this contract from any cause
whatsoever, including the acts, errors or omissions of any person and for any costs or
expenses incurred by the SPONSORING AGENCY, COUNTY, on account of any claim
therefore, except where such indemnification is prohibited by law.
INSURANCE - Without in any way affecting the indemnity herein provided and in
addition thereto, the SERVICE INSTITUTION shall secure and maintain throughout the
contract the following types of Insurance with limits as shown:
Worker's ComDensation - A program of Worker's Compensation insurance or a
state-approved Self-Insurance Program in an amount and form to meet all
applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000.00 limits, covering all persons providing
services on behalf of the SERVICE INSTITUTION and all risks to such persons
under this Agreement.
Page 3 of 7
1999-238
Food Services Agreement .. Cont'd,
Contract No. 7050-9
ComDrehensive General and Automobile Liabilitv Insurance - This coverage to
include contractual coverage, products liability, and automobile liability coverage
for owned, hired and non-owned vehicles, The policy shall have combined single
limits for bodily injury and property damage of not less than one million dollars
($1.000.000.001.
ADDITIONAL NAMED INSURED - All policies, except for the Worker's Compensation,
Errors and Omissions and Professional Liability policies, shall contain additional
endorsements naming the SPONSORING AGENCY, the County and its officers,
employees, agents and volunteers as additional named insureds with respect to
liabilities arising out of the performance of services hereunder,
WAIVER OF SUBROGATION RIGHTS - SERVICE INSTITUTION shall require the carriers
or self insurance administrators of the above required coverages to waive all rights of
subrogation against the SPONSORING AGENCY, the County, its officers, employees,
agents, volunteers, contractors and subcontractors.
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.
PROOF OF COVERAGE - SERVICE INSTITUTION shall immediately furnish certificates
of insurance to the SPONSORING AGENCY 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 SPONSORING
AGENCY, and SERVICE INSTITUTION shall maintain such insurance from the time
SERVICE INSTITUTION commences performance of services hereunder until the
completion of such services. Within sixty (60) days of the commencement of this
Agreement the SERVICE INSTITUTION shall furnish certified copies of the policies and
endorsements, The insurance requirements set forth in this paragraph herein shall be
satisfied by evidence of a bona fide self insurance program.
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 insurance 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.
Any such reduction or waiver for the entire term of the Agreement and any changes
Page 4 of 7
1999-238
Food Services Agreement -- Cont'd.
Contract No. 7050-9
requiring additional types of insurance coverage or higher coverage limits must be
made by amendment to this Agreement, SERVICE INSTITUTION agrees to execute
any such amendment within thirty (30) days of receipt.
THE SPONSORING AGENCY AND SERVICE INSTITUTION MUTUALLY AGREE THAT:
1. Site location for the 1999-2000 school year is as follows:
San Bernardino Parks/Recreation Head Start
2969 Flores Street
San Bernardino, CA 92405
(Sites may be added or deleted).
2, Food delivery dates will correspond with the SERVICE INSTITUTION'S annual
calendar of operational days and holidays/non-operational days. Lunches will
be delivered at or before the lunch hour each operational day when children
are present at the specified site location.
3. The SPONSORING AGENCY shall promptly notify the SERVICE INSTITUTION
of any change in the minimum meal requirements or in the assigned rates of
reimbursement.
4. This agreement may be terminated upon sixty (60) days written notice on the
part of either party hereto, and the SPONSORING AGENCY may terminate
this agreement immediately after receipt of evidence that the terms and
conditions of this agreement by the regulations governing the program have
not been fully complied with by the SERVICE INSTITUTION. Any termination
of this agreement by the SPONSORING AGENCY shall be in accordance with
applicable laws and regulations. No termination or expiration of this
agreement, however, shall effect the obligation of the SERVICE INSTITUTION
to maintain and retain records available for audit.
5. The terms of this agreement shall not be modified or changed in any way
other than by the consent in writing of both parties hereto. The
SPONSORING AGENCY shall
provide such supervisory and monitoring assistance to the SERVICE
INSTITUTION that shall include, but is not limited to:
a. Consultative and technical assistance to ensure meals meet the
requirements, required records are being maintained and that all other
applicable program requirements are met.
b. Training of personnel responsible for food service where needed,
Page 5 of 7
1999-238
Food Services Agreement -- Cont'd,
Contract No, 7050.9
c, Periodic visits to sites to monitor compliance.
d. Documentation of such visits shall be maintained on file by the
SPONSORING AGENCY.
6. NONDISCRIMINATION CLAUSE. During the performance of this contract,
contractor and its subcontractor shall not unlawfully discriminate, harass or
allow harassment, against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, disability
(including HIV and AIDS), medical condition (cancer), age, marital status, and
denial of family and medical care leave and denial of pregnancy disability
leave. Contractors and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from
such discrimination and with the provisions of the Fair Employment and
Housing Act (Government code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulation, Title 2,
Section 7285,0 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code, Section 12990 (a-
f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations are incorporated into this contract by reference and made a part
hereof as if set forth in full. Contractor and its subcontractor shall give
written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement. This
contractor shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under the contract.
7, CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD
SUPPORT COMPLIANCE PROGRAM - CONTRACTOR 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 CONTRACTOR'S duty under
this contract to comply with all applicable provisions of law, CONTRACTOR
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 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).
CONTRACTOR hereby certifies that it has submitted to the COUNTY a
completed Principal Owner Information (POI Form) and Child Support
Compliance Program Certification (CSCP Certification),
Page 6 of 7
1999-238
Food Services Agreement -. Cont'd.
Contract No. 7050-9
******
******
This Agreement shall be effective with respect to meals served during the period
commencing the October 1, 1999 and ending September 30, 2000, unless terminated
early as herein provided.
ON BEHALF OF SERVICE INSTITUTION:
ON BEHALF OF SPONSORING AGENCY:
CITY OF SAN BERNARDINO
PARKS & RECREATION DIVISION
COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT
~olJ ·
Sig, re ~~
.......-~JUDl H VALLES, MAYOR
City of San Bernardino
Type or Print Name and Title
JON D, MIKELS
Chairman. Board of SUDervisors
Type or Print Name and Title
C'9~~?
Date I
st.? '2 8 \9<.\9
Date
. tI"'r'f:~t'7 "'::"':"!~~'>);':"'1~
.~~,
AS
, ' ,
o J~U~8,...es 10 Alu"rioo aY1lil ,
'J ^Ja~!llo pJeoa a4110 \lalJ ii
, "'".,1ltO!ldS 3N3~:lt3 ;'
a\tOlr:3Hi~0 N\f1\l~llfHJ 3Hl 01
03!l3 '13Q, "1338 SltH iNgl"';nJOO SIHl
~O AdOJ~~Hl a31~U!l3J pN\1 03N81S
"'''''-;'~'...~j;.:~'j<'''
Page 7 of 7
1999-238
ATTACHMENT A
CALIFORNIA DEPARTMENT OF EDUCATION
NUTRTlON SERVICES DIVISION
DAY CARE CENTERS
OUTSJDE-SCHOOL-HOURS.CARE CENTERS
FEDERAL REIMBURSEMENT RATES
The new federal rates to be used for food service payments in the Child Care
Food Program will be In effect from July 1, 1999 through June 30, 2000.
BREAKFAST
Base ..,............. ................. ....,..... ...$0.21
Reduced Price.............................,$O,79
FrBB........,.......................,......... ..,.$1.09
SUPPLEME.NTS
8a5e..............................................$0.05
Reduced Price.........................."..$0.27
Free...................... .........................$0.54
LUNCH/SUPPER
Base...................................... ........$0.19
Reduced Prlce..............................$1.58
Free .............____.................... ..,......,$1.98
The rates listed above do not include the value of cash-In-lieu of commodities.
Sponsors who elect to receive cash-in-fieu of commodities should add $0.1475
cents to !he relmburRement rates for each reimbursable lunch or supper served
to enrolled children.
STATE MEAL REIMBURSEMENT RA1ES - Child Care Only
Each free and/or reduced price breakfasl/lunch served to eligible children earns
state meal reimbursement. The rates are as follows:
Pubfic Schools and community colleges
BreakfaStlLunch $0: 1229
Private nonprofit agencies and other public institutions
BreakfaslJLunch $0.1335
. ,
CHIcO CARE FOOD PROGRAM
C~FJ)D 2050-6 (Rev, 6/99)
MEAL PATTERNS FOR OLDER CHILDRE~
1999-238
ATTACHMENT B
\ '
, ',.' , .. ' ,
'Aga on'~ 10 AgtS (hra 10 sir AgtS six through
DREAKFA'ST ,hru ytars ytars ,,,,dvt yttirs
, I cup
. Milk, nuid 1/2 cup 3/4 cup
. Vegetable, fruit or rull-strength (100'/.) Juice 1/4 cup 1/2 cup 1/2 cup
. Gnins/brc::lds (whole grain or enriched): bread 1/2 slice 1/2 slice " I slice
or rolls, mumns, ctc. In serving 1/2 serving I serving
or cold dry cereal (yolume or weighl. whichever is less) : 1/4 cup or,l/3 oz 1/3 cup or 1/2 oz 3/4 cup or I oz
or cooked cereal. pasta. noodle products, or cereal grains. 1/4 cup 1/4 cup 1/2 cup
LUNCH OR SUPPER
. Milk, nuld 1/2 cup 3/4 cup I cup
. Vegetable :and/or rrult (lwO or more kinds) 1/4 cup 101.1 1/2 cup 101.1 3/4 cup tOl.1
. Gralnslbre::ld (whole grain or enriched): bread 1/2 slice 1/2 slice I slice ..
or rolls, muffins: etc. ." . In serving 1/2 serving I serving
or cooked pasl~ noodle ProduclS. or cereal grains. ' .' 114 cup 1/4 cup 1/2 cup
,"
. Mcat/m'ut alternaces
Lean meal, fish, or poultry (edible pan ion as served) loz 1-1/2 oz 20z
or cheese (natural or processed) loz )-1/2 oz 20z
or couage cheese, cheese rood/cheese spread substitute 1/4 cup or 2 oz 3/g cup or 3 oz 1/2 cup or 4 oz
or egg I egg I egg I egg
or cooked dried beans or dried peas" " 1/4 cup 3/8 cup 1/2 cup
or peanut butter, reduced-fat peanut buner: soynul buner 2Tbsp 3 Tbsp 4 Tbsp
or. other nut ar seed buners
or peanuts, soynuts, tree nuts, roasted peas, or seeds" 112 oz.... 3/4oz.... I DZ....
or yogun. plain or navored, unsweelened or sweetened 1/2 cup 3/4 cup I cup
or an equivalent quantity of any combination or the above
meat/meat altemales.
AM OR PM SUPPLEMENT (Select two of .hese four componenls)."
. J\1iIk, nuid 1/2 cup 1/2 cup I cup
. Vegetable, fruit, or (ull.strength (IOO-J.) juice 1/2 cup 1/2 cup 3/4 cup~: i
. Gr:zins or breads (whole grain or enriched): bread 1/2 slice 1/2 slice I slice
or rolls, muffins, elc. 1/2 serving 1/2 serving I serving
or cold dry cereal (volume or weight. whichever is less) 1/4 cup or It) ot 1/3 cup or 1/2 oz )/4 cup or I oz
or cooked cereal. pasca. noodle products. or cerei11 grains. 1/4 cup 1/4 cup 1/2 cup
. Meal/meal alternates
Lean meat, fish, or poultry (edible portion 015 served) 1/2 oz I/loz 1 oz
or cheese (natunl or processed) 1/2 oz 1120z I oz
or COlli1ge cheese, cheese rood/cheese sprei1d substitule 118 C\Jp or I oz 1/8 cup or I OZ 1/4 cup or 2 oz
or egg 1/2 egg 1/2 egg 1 egg
or yogun, plain or navorcd, unsweelened or sweetened..... 1/4 cup 1/4 cup 112 cup
or cooked dried be::!.ns or dried pe:lS'" 1/8 cup J/8 cup 114 cup
or peanut buner. rcduc:cd.fat pe:mUI buner, soynul buner, I Tbsp I Tbsp 2 Tbsp
or other nut or sc~d buners
or pe::!.nuts, soynuls, lr~e nuts, roasled pe:l.S. or seeds 1/2 oz 1/20z I oz
or an equivalent quantiry or any combination of thc abovc
mC:Jt/me::!.c ahcm::!.les.
.
...
Dri~d buns or dried pus may b~ uud as a mul altcrnatc or 11 a ntuablt c~mpan~nl; but rllll"~' b~ toURlcd 11 bath compontnts in tht
umemnl. .
No mon than 50 percenl orth~ requiremenl shall be met wllh nuls or suds. NUls or seeds shall be combined ".lch 'ROlher mul/me.t
alternate 10 rulrilllhe r~ulnmenL To dctcrmine tGmhlnatlons., leu.o' nuls or suds Is equal 10 I OL or cooked lun meat. poultry, or fhh.
Roaslcd pus can count 11 a mut alternale or v~el2ble component, but unnol be counled as both In Ihe same mcal.
Juice c."lfol be served.. hen milk Is tef"Yed as Ihe only 01 her compontnt.
If )'ocurlls uud as the mul componenl in supplemenls. milk e"'''.' be used 10 satisfy (he uClfnd component nquinmnl. Commtrcialf~.
addtd rrllil ",. "uh I" """....... "......"" ......_..#~. n....... ...1................ ____.___. ... .!_____.. '_ ...__'
..
.....
"
.
1999-238
,/:T ,I!,j-:3 "f '1
Attachment B
PRINCIPAL OWNER INFORMATION FORM
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support Compliance Program. This
Program requires the County to provide certain information to the District Attorney concerning its employees and business licenses,
It further requires that bidders or proposers for County contracts provide, directly to the District Attorney, information concerning
their "Principal Owners," that is, those natural persons who own an interest of 10% or more in the Contractor. For each "Principal
Owner," the information which must be provided to the District Attorney is: I) the Principal Owner's name; 2) his or her title, and; 3)
whether or not the Contractor has made a payment of any sort to the Principal Owner.
IN ORDER TO COMPLY WITH TillS REQUIREMENT, COMPLETE THIS FORM AND MAIL OR FAX IT DIRECTLY
TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE
YOU SUBMIT A BID OR PROPOSAL TO A COUNTY DEPARTMENT.
MAINTAIN DOCUMENTATION OF SUBMISSION.
In addition, bidders or proposers must certify to the soliciting County department that they are in full compliance with the Program
requirements by submitting the Child Support Compliance Program Certification, along with the bid or proposal.
To:
District Attorney Child Support Division
Ombudsman Program
10417 Mountain View Avenue
Lorna Linda, CA 92354-2030
FAX: (909) 478-7470
PHONE: (909) 478-7300
Contractor Name as Shown on Bid or Proposal:
Contractor Address: 547 SOUTH SIERRA WAY_
JUDllH VALLES, MAYOR
CITY OF SAN BERNARDINO
SAN RERNARflINO. C'.A Q11a.10
Contractor Phone: (909) 384-5233 Fax: (909) 384-5160
County Department Receiving Bid or Proposal: SAN BERNARDINO COUNTY PRESOIJOL SERVICES OEPARlMENT
Type of Goods or Services to be Provided: OELEGATlON OF ACTIVITIES Py 1999-2000
Contract or Purchase Order Number (if applicable): PSO 60509
Principal Owners: Please check appropriate box. If Box I is checked, no further information is required. Please sign and date the
form below,
I. 13 No natural person owns an interest of 10% or more in this Contractor.
II. 0 Required Principal Owner information is provided below. (Use a separate sheet, if necessary)
NAME OF PRINCIPAL OWNER
TITLE
PAYMENT
RECEIVED FROM
CONTRACTOR
YES NO
1.
2.
3,
I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORJ."\1ATION IS TRUE At~'D
CORRECT.
Judith Va
'~ Date:
wner, an Officer, or ,'-fanager responsible/or submission of the bid or proposal to the County).
SEP 2 3 1999
By:
(Signature of a Pr
Mayor, City of San Bernardino
""""Printed Name
Title I Position
, ~,
~
1999-238
A~/ "1,-- f" Lj
Attachment C
:;
SOLICITING DEPARTMENT: -SAll...RFRNARIlINO COUNTY PRESOIJOL SERVICES IlEPARlMENT
ADDRESS: l~O SOUTH I FHA ROAD, SAN BERNARDINO. CA. 92~08
CONTACT NAME & PHONE NO.: PAMFIA o. _, SUPERVISING PRIK'.RAM SPECIAliST
CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support
Compliance Program, This Program requires the County to provide certain information to the District Attorney
concerning its employees and business licenses. It further requires that bidders or proposers for County contracts
submit certifications of Program compliance to the soliciting County department, along with their bids or
proposals. (In an emergency procurement, as detennined by the soliciting County department, these certifications
may be provided immediately following the procurement),
IN ORDER TO COMl'LY WITH nns REQUIREMENT, COMPLETE THIS FORM AND SUBMIT iT
DIRECTLY TO THE SOLICITING COUNTY DEPARTMENT, ALONG WITH YOUR BID OR
PROPOSAL. IN ADDITION, THE SOLICITING DEPARTMENT WILL PROVIDE A COPY TO THE
DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW.
JIJOITH VALLES, MAYOR
I, (print name) CITY OF SAM BERNARDINO
proposal)
hereby certify that (contractor name as shown on bid or
, located
at (contractor's address) 547 SOUTH SIERRA WAY. SAN BERNARDINO, CA 92~1O
is in compliance with San Bernardino County's Child Support Compliance Program and has met the following
requirements:
1. Submitted a completed Principal Owner Infonnation Form to the District Attorney, Child Support Division;
2. Fully complied with employment and wage reporting requirements (42 USC Section 653a and California
Unemployment Insurance Code Section 1088.5), and will continue to comply with such rep0l1ing
requirements;
3, Fully complied with all lawfully-served Wage and Earnings Withholding Orders or District Attorney Notices
of Wage and Earnings Assignment, [Code of Civil Procedure Section 706.031 and Family Code Section
5246(b)], and will continue to comply with such Orders or Notices.
I declare, under penalty of perjury, that the foregoing is true and correct.
Executed this d3/W1' day of Sya/?.#7 d?,;e.. /9'fl?
(i\lonth & Year)
By:
J::i---
"ltJ9-3?~-S-/.3.3
(Telepnone Number)
at 5ari
I
(SigfJalllre of a mer, an Officer, or Manager responsible for submission of the bid or proposal (0 the COllllty).
Soliciting Den Send
Copy to: Dis rict Attorney, Child Support Division FAX: (909) 478-7470
,--.9 budsman Program
10417 Mountain View Avenue PHONE: (909) 478-7300
Lorna Linda, CA 92354-2030