HomeMy WebLinkAbout1992-052
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RESOLUTION NO.
92-52
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE
EADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR
4 SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE
5 EADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER AND
EPEALING RESOLUTION NO. 86-412.
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SECTION 1.
The Director of Parks, Recreation and Community
8 ervices Department of the City of San Bernardino is hereby
9 uthorized and directed to execute for and on behalf of said City
10 wo agreements with the Headstart/State Preschool Department of
11 uman Resources Agency for San Bernardino County relating to the
12 eadstart Program at the Delmann Heights Community Center, copies
13 f which agreements are attached hereto as Exhibits "A" and "B" and
14 re incorporated herein by reference as though fully set forth at
ength.
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SECTION 2.
Resolution No. 86-412 is hereby repealed.
SECTION 3.
The authorization to execute the above
18 eferenced agreement is rescinded if the parties to the agreement
19 ail to execute it within sixty (60) days of the passage of this
20 esolution.
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 dopted by the Mayor and Common Council of the City of San
23 ernardino at a r'egu1ar
meeting thereof, held on the
17th
day of
February
, 1992, by the following vote, to
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25 it:
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2/19/91
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92-52 .
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ESOLUTION RE: AUTHORIZING AND DIRECTING THE EXECUTION OF TWO
GREEMENTS BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
ERNARDINO RELATING TO THE HEADS TART PROGRAM AT DELMANN HEIGHTS
OMMUNITY CENTER AND REPEALING RESOLUTION 86-412.
MEMBERS:
AYES
X
NAYS
ABSTAIN
AIlSEm'
X
X
X
X
X
X
G~~
Rachel Krasney, City Cl rk
The foregoing resolution is hereby approved this
/1~
15 ay of February ,1992.
~
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19 pproved as to form
nd legal content:
20 AMES F. PENMAN
ity ~ttorney
r?e~
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y:.~
~: 0
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city of San Berlltdino Res. 92-52
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CONTRACT NO. 6050-1
AGREEMENT
FOR DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR
CHILDREN AND FAMILIES
GRANT NO. 09CH-0416/27
This agreement entered into as of September 1, 1991,
including attached conditions and program guidelines, shall
govern all activities of the Preschool Services Department;
financed under D/HHS/ACF NO. 09CH-0416/27 (ACF) Administration
for Children and Families. Funding period for Grant No. 09CH-
0416/27 is September 1, 1991, through August 31, 1992.
Said activities will be carried out by the City of San
Bernardino Parks & Recreation, hereinafter referred to as
"DELEGATE," on behalf of the Preschool Services Department and
the Board of Supervisors of San Bernardino County, 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 two (2) classes of
15 children for a period 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 attached; all
GRANTEE requirements and directives and any special conditions
that may from time to time be requested. Specifically, the
DELEGATES shall comply with 1-30-2, the Parents, as set forth in
the Federal Register, Part II, dated Friday, January 31, 1975, as
pertains to parents in decision-making. In such instances where
Policy Committees and Policy Council must approve before final
action can be taken, the DELEGATE shall adhere to amendment to 1-
30-70.2, the Parents, dated October 8, 1980.
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:
.' ~" .
92-52
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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.
1. 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 form ACF the following records:
Head start/State 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.
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 an approximated beginning date of September
9, 1991, and ending date of June 4, 1992.
be
in
7. FINANCIAL STATEMENT
submitted on the scheduled
the withholding of funds.
AND OTHER REPORTS. All reports must
time. Failure to comply may result
The audit report must contain a
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92-52
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Page 3 Delegation Agreement --, Cont'd.
CONTRACT NO. 6050-1
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 agents, officers, volunteers and employees
against any and all claims or actions arising from DELEGATE'S
acts, errors or omissions and for any costs or expense incurred
by the ACF, the GRANTEE, the County on account of any claim
therefore.
INSURANCE - In order to accomplish the indemnification herein
provided for, but without limiting the indemnification, 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 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).
ADDITIONAL NAMED INSURED - All policies, except for the Worker's
Compensation coverage, shall contain additional endorsements
naming the GRANTEE and 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 - 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, volunteers, employee,
contractors and subcontractors except for the negligent acts of
the County of San Bernardino.
, -. 92-52
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Page 4
Delegation Agreement -~ Cont'd.
CONTRACT NO. 6050-1
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 insurance
coverage 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 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.
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. DELEGATE agrees to execute any such amendment within
thirty (30) days of receipt.
The County agrees to indemnify and hold harmless the DELEGATE and
their authorized agents, officers, volunteers and employees
against any and all claims or actions arising from County's
negligent acts or omissions on account of any claim therefore.
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 Department shall have the right to annul this
agreement with liability or, in its discretion, to deduct from
the agreement or otherwise recover the full amount of such
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92-52
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Page 5 Delegation Agreement --.Cont'd.
CONTRACT NO. 6050-1
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 Finance Officer. within thirty (30)
days the GRANTEE will approved or disapproved payment of the
statements. In no event, however, will the DELEGATE receive
reimbursement cost exceeding $58,860, 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 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.
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. 92-52
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Page 6 Delegation Agreement --.Cont'd.
CONTRACT NO. 6050-1
12. NON-FEDERAL SHARE. The DELEGATE will contribute
$63,696 to the program funds. Such contribution shall be in cash
in the amount of $-0-, and in-kind in the amount of $63,696, 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: Social Services Specialist and Family
Services Workers
c. Training: Pre-service/In-service/Workshops
d. Parent Involvement, T/TA and Monitoring
e. Handicapped Services
f. Administration
g. Educational Program for Children
h. Qualifications for Staff.
14. 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 non-Federal share
contribution, shall be determined in accordance with ACF
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.
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 required.
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 no-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, all
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92-52
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Page 7 Delegation Agreement --.Cont'd.
CONTRACT NO. 6050-1
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. DISCRIMINATION IN EMPLOYMENT PROHIBITED. The DELEGATE
shall not discriminate against any employee in the performance of
this agreement or against any applicant for employment because of
race, creed, color, sex, medical condition, physical handicap,
marital status, age or national origin. The DELEGATE will take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to
their race, creed, sex, medical condition, physical handicap,
martial status, or national origin. This recruitment shall apply
to, but not limited to the following: employment, upgrading,
demotion, or. transfer; recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship.
19. DISCRIMINATION PROHIBITED. No person in the united
States shall, on the grounds of race, creed, color, sex, age,
medical condition, physical handicap, martial status, or national
origin, be excluded from participation in, be denied the proceeds
of, or be subject of discrimination in the performance of this
agreement. Program regulations promulgated in Chapter 13 of
Title 45 of the Code of Federal Requlations, Part 80, Non-
Discrimination under program s receiving Federal assistance
through the Department of Health and Human Services, and Welfare
effectuation of Title VI of the Civil Rights Act of 1964; Part
81, Practice and Procedures for hearing under Part 84,
Nondiscrimination on the basis of handicap in programs.
20. 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.
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92-52
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Page 8 Delegation Agreement -~ Cont'd.
CONTRACT NO. 6050-1
21. RELIGIOUS ACTIVITY PROHIBITED. There shall be no
religious worship, instruction or proselytizing as part of or in
connection with performance of this agreement.
IN WITNESS WHEREOF, the Department and the DELEGATE have
executed this agreement of the date first above written.
CITY OF SAN BERNRDINO PARKS &
RECREATION
BY: Cfi.u;" 1. ~ d_
TITLE:_~'~"/-,,
DATE: JI,/t;"\,,-
7 I
PRESCHOOL SERVICES DEPARTMENT
B OF S BERN~NO UNTY
LARR IALKER
Chai an, Board of Supervisors
DATE:
APR 2 u 1992
92-284
6050-1.ADC
APPROVED AS TO FORM
;",.;0 LES.~L CONTENT.
Jc:m83 F. Penman,;
::~.,
/~
By
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92-52
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PRESCHOOL SERVICES DEPARTMENT OF
SAN BERNARDINO COUNTY
SAN BDNO PARKS & RECREATION 1991-92
DETAIL BREAKDOWN
A. PERSONNEL
TOTAL
TEACHER
TEACHER
2 TEACHER AIDE
CLERK
$15,943.00
$10,384.00
$10,728.00
$5,364.00
$42,419.00
TOTAL
B. FRINGE BENEFITS
RITIREMENT
HEALTH INSURANCE
WORKERS COMPo
MEDICARE
$3,949.00
$5,724.00
$424.00
$615.00
$106.00
SUI
TOTAL
$10,818.00
E. SUPPLIES
CLASSROOM
OFFICE
POSTAGE
EQUIPMENT
$1,017.00
$500.00
$41.00
$1,283.00
$2,841.00
TOTAL
F. CONTRACTUAL
FIELD TRIP
$1,119.00
$1,119.00
TOTAL
H. OTHER
PARENT ACTIVITY
EQUIP. MAINT!REPAIR
FOOD
TELEPHONE
ADMISSIONS
$100.00
$803.00
$200.00
$360.00
$200.00
$1,663.00
$58,860.00
TOTAL
GRAND TOTAL
NON FEDERAL SHARE
ADMINISTRATION
VOLUNTEERS
SPACE COSTS
$16,212.00
$9,180.00
$38,304.00
$63,696.00
TOTAL
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ATTACHEMENT "BUDGET"
~u
I,:' ,'or,
City of San Bernardino Res. 92-52
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PRESCHOOL SERVICES rEPl,R':X,::::' OF
SAN BERNA2DINO CCUNTY
586 EA~T MILL STREET ~- ROOM 2077
SAN BERNARDINO, CJ..:'IFO?:iIJl. 9240:!-1610
CONTRACT NUMBER
NAME OF AGENCY
l>.DDRESS
7050-1
SAN BERNARDINO CITY PARKS & RECREATION
2969 FLORES STREET
SAN BERNARDINO. CALIFORNIA 92405
30
1
NUMBER OF CHILDREN
NUH3ER OF SITES
Irl /~,l"~~~l:- to serve meals to the :-:2a,:3. St3.r":/State Presc:-iool
ecr2~lees ,r Sac Bernardino County, the PRESCHOOL SERVICES
DEPARTMENT (:lereinafter referred to as tl1e "SPONSORING AGENCY")
A:;:; DELEGATE AGENCY whc.3e "aIT.e and address appear above
(:l2::eir.::;.:':~::- l-2::e::::re:: to as the "SERVICE INSTITUTION") I acting on
behalf of ~he nu~ber of sites listed abeve, agree as follows:
THE SPONSORING AGENCY AGREES THAT: To the eztent of
rei~bursement received from State tspartment of Educatio~1 Food
and Nutri,:i::;} Services I it shall l.~a.~e pal~;'lE:nt tc tte SERVICE
INSTITUTION. These pay~ents sha:l be in a2cordance with
pertinent reports received rr08 the SERVICE INSTITUTION as
re~~ired by the SPONSORING AGENCY. Payments wil~ be based on the
SERVICES INSTITUTION'S report of tetal meals served times
reimbursement rates; sr tQt~: ~cs~ == =s:~; ~~ic~ever ~s less a~~
nc~ t:J ~.-~-~. $12 ~12
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'::'HE SERVICES INSTITUTION REPRESENTS AND WARRANTS Till.T: c:t is 3-
nCG-profit agency that is exempt, or ~o~ing towards bei~3 exempt,
from income tax under the I~~erna: ?2';s~ue :c~e, as a~Endej a~d
is the a;e~cy witt delegated authority for the c;era~i:n of ~~~G
-~r"l.'ce'" "rr the -it"'(-\ "s;-"::1 ah-"" a'" in ~r,::1er ~.~ qualify
;:::,__....v ~ _...J.. ;:>.... __ ':;'J ...l..l.. L.__\.. .o.-''-'~I .~....."j,....... ~--' -
for reirr,t~rsement ~nder this agree~E~tJ agrees it will:
1. Conduct a non-profit food servi.::e operati2:l and use
i~C0~9 a:cruing to its focd servicE operations only for
program purposes.
2. Serve meals which meet the mininum requirements as
prescribed in meal patter~3 for children in child sare
programs of this agreement during a period designated
as the attendance period by tl1e SERVICE INSTITUTION.
3. llaintain, in storage, prepa::-at ion, and service of food,
pr~per sanitation and health standards in conformance
with applicable State and lecal laws and regulations;
maintain necessary facilities fo:- sorting, preparing
a~d ser';~ng food.
92~52
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?age 2 Food Services Agreement -- Cont'd.
Contract No. 7050-1
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Purchase in as large quantities as may
utilized ir; its food serVlce, food
plentif~l by the SPONSORING AGENCY.
be effecti\rely
designated as
5. Accept c2st-in-lieu of commodities lD the afficun~
es tablished for the f isca: ye 3r i:1 accordance Hi th
regulations. Total payment to ar. ~:.~:'~:'J.tio:1 incL::ling
cash for cornmoditie,,: shall not Exceed tctal program
costs less cash inccme to the program.
6. Submit claims for ce~mburseme:1t in accordance with
procedures established by the SPONSORING AGENCY.
~ Submit claims for number of mea:s served and not for
number of meals delivered.
8. The SERVICE INSTITUTION shall keep full and accurate
records of its food service operation to serve as a
basis for claim for reimbursement, and for audit and
review purp:ses. 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 bj;' ir,voice3, rece ip':: S, or other proof of
expenditures for feod and laber.
9. Temperature of foed will meet local, State and health
standards when food is delivered to site(s).
10. Substit1...:.ticr-iS :r.3Y be made OL foods if individua:
participating children are unable to consume such foods
because of rnecical and other speoie.: dietary needs.
S-u.ch subs~i t'Cticns s~all be made 8:-~1:{ ',.;~en supported t~-
a statement frcm a ~ecognized mecica~ a~thority which
includes recommended alternate feeds.
11
..;.....L.
Maintain wasting of eating and servi~g ut~~sil3 which
~eets local health department s~3~da~ds.
12. Chairs, tables and eating utensils ....:111 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.
"
92-52
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Page 3
Feed Services Agreement
u Cont'd.
Contract
..~ -
.i _' .
7050-1
14. Provide adequate surervisory and opera~:onal pers~~n21
for overall monitc!'ir.g and management of each food
ser~!ice cp~ration u~der its jurisdic~~~n a~j prc~ptly
take sU2h actions as are necessary to correct
deficie:1cies.
15. Parer 0= s~yrcfoam tumblers are unacce~table.
16. The SERVICE INSTITUTION hereby certifies that it now
:omplies 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.
17. 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 V~ actions arising from SERVICE
INSTITUTION acts, errors or omissions and for any costs
or expense incurred by the SPONSORING AGENCY or County
on account of any claim therefore.
INSURANCE - In order to accomplish the indemnification
~erein provided for / but witte'..::: limiti::g' t::-le
indemnification, the SERVICE INSTITUTION shall secure
and maintain throughout the term of the contract the
following types of Insurance with li~its as shown:
Worker's Compensation A pr.cgrar, 0= WQ::ker' s
Compensation insurance or a state-apprQved Self-
insura~c2 Program in an amount and :0rm 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 providin;
services on behalf of the SERVICE INSTITUTION and all
risks to such persons under this A;reement.
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).
ADDITIONAL NAMED INSURED - All policies, except for the Worker's
Compensat ion coverage, shall contain additional endorsements
naming the SPONSORING AGENCY, the County and their employees,
'.
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92-52
.
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Page 4 Food Services Agreement -- Cent'd.
Contract No.
7050-1
agents, volunteers and officers as additional na~ed insured with
respect to liabilities arising out of the performance of services
hereunder.
WAIVER OF SUBROGATION RIGHTS - SERVICE INSTITUTION shall require
tte 2c:rriers or self insurance administrato::s ef the above
required coverages to ~aive all ::ights of subr8gation against the
SPONSORING AGENCY, the County their office::s, vol~nteers,
e~ployee, cont~actcrs and subcontract0~s except fc~ the negligent
acts of the, SPONSORING AGENCY, the Co~nty 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 carr ied or administered by the County.
PROOF OF COVERAGE - SERVICE INSTITUTION shall immediately furnish
ce::tificates ef i"sura:-:s,o to the SPONSORING AGENCY evidencing the
insura:-:ce coverage above required prior to the commencement of
perfor~2:-:ce -~ services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire
without thirty (30) day~ written notice to the SPONSORING AGENCY,
and shall maintain such insurance from the time SERVICE
INSTITUTION commences performances 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 ins~rance 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 abeve
insuran=e requirements ~h2neVE~ the Risk Manager determines that
a:1Y of the:d:ove insl:r-ance is not 3~,~ailable J is unreasonabl:l
priced, or is not needed to protect the interest: of the County.
In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance co~erage or
coverage limits beco~e reasoDably priced O~ 3vailable, the Risk
Manager is a'...(tl-.crize:~, bc.t r.ot required, tc change the above
insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change
is reasona~le 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.
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
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92-52
.
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Page 5 Food Services Agreement ~- Cont'd.
Contract No. 7050-1
3ctians arising from SPONSORING AGENCY and County's negligent
acts or omissions on account 0: any claim therefore.
THE SPONSORING AGENCY AND THE SERVICE INSTITUTION MUTUALLY AGREE
THAT:
1.
Sites may be added or d~leted.
~
The SPONSORING AGENCY shall promptly Doti::.. t;.e SERVICE
INSTITUTION of any ohange in the minimum meal
requirements or in the assigned rates of reimbursement.
3.
This agreement may be terminated upon sixty (60) days
written notice on the part of either party hereto, and
the SPONSORING AGENCY may terminate t!:is agreement
immediately after receipt of evidence that the terms
and conditions af this agreement by the regulations
governing the program have not been fully cc,,,.pl ied wi th
by the SERVICE INSTITUTION. Any termination of this
agreement by the SPONSORING AGENCY shall be in
accordance with appli::-J.b:e la\-v"s a~d ::e;ulations. No
terminaticn or expiration of this agreement, however,
shall effect the obligation of the SERVICE INSTITUTION
to maintaiL and retai~ records available for audit.
4.
The terms of this agreement shall not be mcdified 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 tc
the SERVICE INSTITUTION that shall include, but is net
limite.:} tc:
a. Ccnsultative a~d ~echnical assistance ~o ensure
~;Eals meet the ~equirements, re~uire~ rs:ords are
being rr.air:tained and that all ,:,:;:-=~ -3.~plic:~ble
program requirements are met.
b. Training of personnel responsible for food
service where needed.
C. periodic visits tc sites to moni~or co~pliance.
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 :he 1st day of Oc:ober, 1991, and
ending September 30, 1992, unless terminated early as herein
provided.
, .
92-52
.
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Page 6 Food Services Agreement -- Cont'd.
Contract No. 7050-1
ON BEHALF OF SERVICE INSTITUTION:
March 9, 1992
Date
/2 ~ "
.; ... ~^,r
c... ""Ufo" -I .-,"'.--_- <If\,
- 'I
Signature
Annie F. Ramos, Director of Parks,
Recreation & Community Services Dept.
Type or Print Name and Title
ON BEHALF OF SPONSORING AGENCY:
APR 2 0 1997
Date 92-285
~i~aJJUJL
LARRY WALKER
r.h~irman. Board of Supervisors
Type or Print Name and Title
7050-1. FSC
APPROVED AS TO FORM
,.,ND LEGAL CONTENT.
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