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Home My WebLink About1994-374 _J . .. . 1 2 3 4 5 6 7 8 RESOLUTION NO. 94-374 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE HEADSTART/sTATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER. SECTION 1. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of 9 said City an agreement with the HeadstartlState Preschool 10 11 12 13 14 15 16 17 18 19 Department of Human Resources Agency for San Bernardino County relating to the Headstart Program at the Delmann Heights Community Center, a copy of which agreement is attached hereto as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a rpg"l ~r meeting thereof, held on the 22 December , 1994, by the following vote, 19th day of 23 to wit: 24 II 25 II 26 11/29/94 27 28 -1- 94-374 to 1 RE: RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF 2 SAN BERNARDINO RELATING TO THE HEADS TART PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Approved as to form and legal content: 20 JAMES F. PENMAN 21 City Attorney 22 By~j//~,kk/ 23 . II 24 II 25 II 26 delH.headstartCo 27 11/29/94 -2- 28 ~. ;Jk '- / t"-::?Yl. /[11ff\.. ~om Min r, Mayor City of San Bernardino ., 'f} No. qi-f~?/7~ ne..-S . PRESCHOOL SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY 250 SOUTH LENA ROAD SAN BERNARDINO, CALIFORNIA 92408 NUMBER OF CHILDREN NUMBER OF SITES 7050-4 SAN BERNARDINO CITY PARKS & RECREATION 2969 FLORES STREET SAN BERNARDINO, CALIFORNIA 92405 .2.Q ~ CONTRACT NUMBER NAME OF AGENCY ADDRESS In order to serve meals to the Head Start/State Preschool enrollees in San Bernardino County, the 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 State Department of Education, Food and Nutrition Services (Amendment #1), 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 $25,195.00. 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. 2. Serve meals, including milk, which meet the minimum requirements as prescribed in meal patterns for children In child care programs of this agreement during a period designated as the attendance period by the SERVICE INSTITUTION. 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. 94 '374 Page 2 Food Services Agreement -- Cont'd. Contract No. 7050-4 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 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. 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. 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. 94 374 Page 3 Food Services Agreement -- Cont'd. Contract No. 7050-4 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. Refrain from using paper or styrofoam tumblers because they are unacceptable. 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, the County and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from SERVICE INSTITUTION acts, errors or omissions and for any costs or expense incurred by the SPONSORING AGENCY, the County, on account of any claim therefore. INSURANCE - In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the SERVICE INSTITUTION 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 SERVICE INSTITUTION and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability 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 ($1,000,000.00). 94 374 Page 4 Food Services Agreement -- Cont'd. Contract No. 7050-4 ADDITIONAL NAMED INSURED - All policies, except for the Worker's Compensation coverage, shall contain additional endorsements naming the SPONSORING AGENCY, '. the. County and their employees, agents, volunteers and officers as additional named insured 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, their officers, volunteers, employees, contractors and subcontractors except for the negligent acts of the SPONSORING AGENCY, the County of San Bernardino. 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 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 SPONSORING AGENCY, and 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. 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 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. 94 Page 5 374 Food Services Agreement -- Cont'd. Contract No. 7050-4 The SPONSORING AGENCY, the County, agrees to indemnify and hold harmless the SERVICE INSTITUTION and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from SPONSORING AGENCY'S, the County, negligent acts or omissions on account of any claim therefore. THE SPONSORING AGENCY AND THE SERVICE INSTITUTION MUTUALLY AGREE THAT: 1. Site location for the 1994-95 school year is as follows: San Bernardino City Parks/Recreation Head Start 2969 Flores Street San Bernardino, California 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: 94 3'74 Page 6 Food Services Agreement -- Cont'd. Contract No. 7050-4 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. c. Periodic visits to sites to monitor compliance. d. Documentation of such visits shall be maintained on file by the SPONSORING AGENCY. This Agreement shall be effective with respect to meals served during the period commencing the 1st day of October, 1994, and ending September 30, 1995, unless terminated early as herein provided. NONDISCRIMINATION - The sheet marked "Nondiscrimination Clause" is attached hereto and by this reference incorporated herein. ON BEHALF OF SERVICE INSTITUTION: ON BEHALF OF SPONSORING AGENCY SAN BERNARDINO CITY PARKS & RECREATION PRESCHOOL SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY j- '3 -75 Date JAN 24 1995 Date 95-74 t$uA{ ~-12~/ Sigture ~-1(~ ~~.I Signature ~~ f.. ANNIE F. RAMOS. Director Type or Print Name and Title 39N~D~-Hr~b5 MARSHA TUROCI Chairman. Board of Sunervisors Type or Print Name & Title 7050-4.FSC 94 3i4 Page 7 Food Services Agreement -- Cont'd. Contract No. 7050-4 NONDISCRIMINATION CLAUSE (OCP-1) 1. 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractor shall comply 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 Regulations, 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. 2. This contractor shall include compliance provisions of subcontracts to perform work the nondiscrimination this clause in under the contract. and all STD. 17A(REV. 2/92) " , ~. . .. . 'CALIFORNIA DEPARTMENT OF EDUCATION CHILD NUTRITION AND FOOD DISTRIBUTION DIVISION C: JULY 1, ATTACHMENT i1 94 374 CHILD CARE CENTERS OUTSIDE-SCHOOL-HOURS CARE CENTERS FEDERAL REIMBURSEMENT RATES The rates for food service payments in the Child Care Food Program will be in effect from July 1, 1 ~ through June 30, 1995. BREAKFAST Base ............... $0.1925 Reduced Price .. . . . . . . $0.6750 Free. . . . . . . . . . . . . . . . $0.9750 (191/4 cents) (67 1/2 cents) (97 1/2 cents) SUPPLEMENTS Base ............... $0.0450 Reduced Price ..... . . . $0.2400 Free . . . . . . . . . . . . . . . . $0.4825 ( 4 1/2 cents) (24 cents) (48 1/4 cents) LUNCH/SUPPERS Base ............... $0.1700 Reduced Price ........ $1.3575 Free. . . . . . . . . . . . . . . . $1.7575 (17 cents) ($1.35 3/4 ) ($1.75 3/4) The rates listed above do not include the value of commodities or cash-in-lieu of commoc Sponsors who elect to receive cash-in-lieu of commodities should add $0.1450 (14 1/2 cents) te reimbursement rates of each reimbursable lunch or supper served to enrolled children. - STATE MEAL REIMBURSEMENT PRIVATE NON-PROFIT For each reimbursable breakfast and lunch served to children eligible for free and reduced meals, $0.1301 is provided in addition to the above federal rates. PROPOSITION 98 - PUBLIC SCHOOL DISTRICTS For each reimbursable breakfast and lunch served to children eligible for free and reduced meals, $0.1135 is provided in addition to the above federal rates.