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HomeMy WebLinkAbout1986-412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-412 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 said City two agreements with the Headstart/State Preschool Department of Human Resources Agency for San Bernardino County relating to the Headstart Program at the Delmann Heights Community Center, copies of which agreements are attached hereto as Exhibits "A" and "B" and are incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly <> adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of OCTohp-r , 1986, by the nt-h following vote, to wit: AYES: rOllnr.il MAmhp.r~ ReillYr Hernandez. Marks. Ouiel NAYS: Nonp. ABSENT: rOl1nr.il Mp-mhp-r~ Ef.;rrndar Frazjer, Strickler ~~g~~~b /' City Clerk The foregoing resolution is hereby approved this 7~A-~ day I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Or.r()hAr Approved as to form: pZ$~) 1/~~tCP City Af'torney , 1986. /' /' ~..'r~ /,': ,-c'.:"j'o"c/,} /' .... ./ !' I /, '/j (' " / / ,/., ../ M~~~:i~ ot/irh'e ~/~( ~~ '~~rdino 2 .. ',_ .. f CONTRACT NO. 6050 AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES GRANT NO. H-0416/22 This agreement entered into as of September 1, 1986, including attached conditions and program guidelines, shall govern all activities of the Head Start/State Preschool Program: financed under D/HHS/ACYF No. H-0416/22 (ACYF) Administration for Children, Youth & Families. Funding period for Grant No. H-0416/22 is September 1, 1986, through August 31, 1987. Said activities will be carried out by San Bernardino City Park & Recreation, hereinafter referred to as "Delegate" on behalf of the Head Start/State Preschool Department Human ... Resources Agency and the Board of Supervisors of San Bernardino County, hereinafter referred to as "Grantee". The Grantee and 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 ACYF and State Preschool grants to the Grantee, for two (2) classes of 15 children each, 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 attached: all Grantee requirements and directives and any special conditions Page 2 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.6050 that may from time to time be requested. Specifically, the Delegate 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 ACYF and directives or by the Grantee, according to, but not limited to the following scheduled: a. Finance Reports - Due lOth day of each month. b. Attendance Reports - Due 5th day of each month. c. Local Contributions - Due lOth day of each4month. 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 ACYF, October 1, annually. g. Audit Report - as 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 Grievance procedures for all program employees - Due January 15, annually. j. Policy Committee By-Laws - Due January 15, annually. k. Affirmative Action Policies - Due January 15, annually. 1. All program and fiscal records must be retained for five (5) years. m. Copy of appropriate Insurance Policy - Due 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 . ' Page 3 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.60S0 grants from ACYF the following records: Head Start/State Preschool Financial and Statistical, as well as other records that may be required by relevant ACYF 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 amendm~nts 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 Fed~ral, Local laws. 6. CALENDAR YEAR. The program year will be standardized to cover (170) days with an approximate beginning date of September 8, 1986. and ending date of June 1, 1987. 7. FINANCIAL STATEMENT AND OTHER REPORTS. All reports must be submitted on 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. Failu~e to provide the report within the scheduled time, will necessitate Grantee performing and audit of Delegate records, cost to be borne by the Delegate. Page 4 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.60S0 8. DAMAGE LIABILITY. The Delegate under this agreement hereby waives all claims against the Grantee, ACYF and State Department of Education for damages to goods, wares in, upon, or about the premises and for injuries to persons in or about the premises, from any cause arising at any time. The Delegate shall provide a copy of Liability Insurance that covers site location to the Grantee. 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 annual 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 f~e, or seek such other remedies as legally may be available. 10. SCHEDULE OF PAYMENT. The Grantee agrees to reimburse the Delegate for authorized expenditures. An advance of $4,811 for estimated expenditures for one (months) will be made to the Delegate, who 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 30 (days) the Grantee will approve or disapprove payment of the vouchers, and will make additional payments equal to the amount of such approved expenditures to the Delegate. In no event, however, will the Delegate receive reimbursement for cost exceeding $43,301 except as it has received prior written Page 5 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.6050 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, such statutes, Executive Orders, and ACYF directives as may become generally applicable at any time: (2) submission by the Delegate to ACYF or to 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 ACYF grant to the Grantee under which this agreement is made, or the portion thereof delegated by this agreement. The Grantee may also assign and t~nsfer this agreement when required by ACYF direction. If the Delegate is unable or unwilling to comply with such additional conditions as may be lawfully applied by ACYF to the grants to the Grantee, the Delegate shall terminate the ~greement 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 ACYF directive, and the Delegate Page 6 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.6050 shall be entitled to compensation for any unreimbursed 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 the Grantee from the Delegate is agreed upon or otherwise determined. 12. NON-FEDERAL SHARE. The Delegate will contribute $29,149 to the program funds. Such contribution shall be in cash in the amount of $-0-, and in-kind in the amount of $29,149, per attachment. 13. In accordance with approved grants, Grantee will provide Delegate Agency with such supportive monitoring services as agreed upon to include the following: 4 a. Health Services: Medical, Dental, Mental and Nutrition b. Social Services: Social Services and Program Service Aides c. Training: pre-service/Inservice/Workshops d. Parent Involvement, T/TA and Monitoring e. Handicapped Services 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: (10 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 annuallY1 T- Page 7 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.6050 (4) disposal, loss of or destruction of property shall be properly documented, with copies of such documenting furnished the Grantee within 30 days following the occurrence causing the same. Non-expendable property is any article have a service life in excess of one (1) year and which cannot be correctly describe as either materials or supplies. Title to this property, whether purchased or donated as a non-Federal share contribution, shall be determined in accordance with ACYF guidelines. Any purchase in excess of five hundred dollars ($500) not approved in 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 acknowledge that the program is supported by funds granted by ACYF, and that five (5) copies of each~~blication be furnished to ACYF, plus copies to the Grantee as the Grantee may reasonably require. 16. COPYRIGHTS. If this agreement result in a book or other copyrightable material, the author is free to copyright the work, but the Administration for Children, Youth and Families reserves a roualty-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 copyrighted 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 Page 8 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.60S0 ACYF 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 the 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, 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 be limited to the following: employment, upgrading, demotion, or transfer: recruitment advertising; leyoff 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 ground of race, creed, color, sex, medical condition, physical handicap, marital 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 Regulations, Part 80, Non-Discrimination under programs 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 Page 9 DELEGATION AGREEMENT -- Cont'd. CONTRACT NO.6050 81, Practice and Procedures for hearings under Part 84, Non-discrimination 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. 21. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this agreement. IN WITNESS WHEREOF, The Grantee and the Delegate have executed this agreement of the date first above written. Title: Director HEAD START/STATE PRESCHOOL DEPARTMENT OF HU MA"N , RESOURCES AGENCY $\N BERNARDINO ~ Bv: ~~~ ~ IJOA HORTENSE Title: DIRECTOR HRA-HEAD START I STATE PRESCHOOL DEPT. CITY OF SAN BERNARDINO PARKS, RE REATION AND COMMUN ERVICES DEP By: Dated: October 8, 1986 Dated: ATTESTED: ~-~ Clerk of th~ Board Dated: Approved~ to Legal Form: ) / {.. , / //} . J ~--r::,- -A' /.:::./I7'-7 -~1---- County Copnsel Dated: -' 0-) . '.." -:;, //'",-7 / ./' L.- ....... ~" - .... , -- ~. ....... ~-- - I .. i ':;( ----.-. ~ ,",,:" .,....- 'J: -....r. . -.. '---..------- .--------.-- -'-- r,.. _. ---.----.- . ~~ ,.. - .~.s ---......--.--...-.------- ----- ...---..------ --.------------ ------ -,.._-----~._--- :/~-!/~[ .. o. : ( _' _ ) ..="" -:...-....: . -~- ~~- r-...., 2-:~ s - - -.,. ~-- --. :- ~',.::-";""....-":". -~.._.__.- s~:z :-'::7;...1 ~_ - .. - ~. --------.------ - _~2' Sl':;' :C:i\L S S ..... '- . .,.. :'7':..:'" ~ h_____ ______ --------.- -..-- .. . ~, ...: _ . t 1 . - r.. !:' ""',_ ST.\~:: ~)!;:7 s $ s .. s s :.j ;"; iC?;\L ~~.---- ~--:.-- "7 #:,-C :::. ~f""'" -. -..-- 4'::- ---0..-- -' .: -- . ." "- ~- ,~ ,....:--" . FEIJ - Sl'.\T! .....-...-., eo:rtU~"1VJJ. rit le '!'ri~ SV'TOTAL ottl!1l PC.r~~~ Activit"9' ~"~ai::t.":)f~i,~C' Etr~;~~ Ad.",:,.:" '" -:; ~ en Fo~:~ :; 't.t" ~ ~ ":r_-.. '?~~ : , ':"'~ :'-"'-~.~r;" SliS TOtAL GltAh"D 'tOTAL 'EO . JOl!I".. $ $ $ $ , ~-'I!J"'!I!!l.~__ NOcl-r!nL~'APP10VED SUDGtr C~~uni~v Resources C:assroom Vclu~t~ers -2- C:'as.':'r':~~ & '?la...~rou.."'ld taci:i ties % -- --- ''-- ........ San .ernarc1ne ~arks , P..e. StArz ..,r.,"; ... .....A;.;.;, . . $ 'S $ ~..-:.I " . -. - ,tD 1W: .tOtA I ~. 1...__ , 2 t'I{) $ 1 .'ftn ~ Ion , "'1'\ ., "n 2~" '')~ 4'6 $ 1 ." 2~ $ ~3 30~ -. WI!Il.,_"-_ _ III" :0';1\1. $ ;,68Q !. .eOSt :1.66: ;:'1":.1. ~,::;::-FE:- ~ -.:~~-:- - -$ $ s s ....---..--- -. . .., . I CONTRACT NO. 7050 HEAD START/ STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY SAN BERNARDINO COUNTY 686 East Mill Street - Room 2077 San Bernardino, California 92408 (714) 387-2363 NAME OF AGENCY San Bernardino City Park & Recreation ADDRESS2969 Flores Street San Bernardino, CA 92405 NO. CHILDREN 30 NO. SITES 1 In order to serve meals to the Head Start/State Preschool enrollees in San Bernardino County, the Head Start/State Preschool 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 extent of reimbursement received for State Department of Education Food and Nutrition Services, 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 ~~rvice Institution's report of (l) total meal served times reimbursement rates; or , (2) total cost of food; whichever is less. 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 quality 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 purpose. 2. Serve meals which meet the minimum requirements as prescribed in meal patterns for children in child care programs of this agreement during Page 2 FOOD SERVICE AGREEMENT -- Cont'd. CONTRACT NO. 7050 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. 4. Purchase in as large quantities as may be effectively utilized in its food service, food designated as plentiful by the department. 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. Maintain a financial management system prescribed by the ~ sponsoring agency. (See attached added addendum which is a part of this agreement.) 9. Temperature of food will meet local, State and health standards when food is delivered to site(s). 10. Substitutions may be made 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 with 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. Chairs, tables and eating utensils will be suitable for the size I Page 3 FOOD SERVICE AGREEMENT -- Cont'd. CONTRACT NO. 7050 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. 14. Provide adequate supervisory and operational personnel for overall monitoring and management of each food service operation under it jurisdiction and promptly take such actions as are necessary to correct deficiencies. 15. Paper, styrofoam tumblers or disposable plastic flatware are unacceptable. The Service Institution hereby certifies that it now complies with, and shall in the future comply with all requirements imposed by or pursuant to Department, as now or hereafter amended (7CFR Part 15), to the end that no person in the United States shall, on the grounds or race, color or national origin be excluded to discrimination under the program by the Department. The Service Institution agrees to indemnify, defend and save harmless BRA-Head Start/State Preschool Department and the County of San Bernardino, its agents and representatives from any negligent or wrongful act or omission of its officers, agents or employees in the performance of this contract. This nondiscrimination assurance shall oblige the Service Institutions to comply with this nondiscrimination assurance, the Department has the right to seek its enforcement by judicial or other means. THE SPONSORING AGENCY AND THE SERVICE INSTITUTION MUTUALLY AGREE THAT: 1. Sites may be added or deleted. Page 4 FOOD SERVICE AGRE~MENT -- Cont'd. CONTRACT NO. 7050 2. The sponsoring agency shall promptly notify the Service Institution of any change 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 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. 4. 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: Sponsoring Agencies 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. c. Periodic visits to sites to monitor compliance. d. Documentation of such visits shall be maintained on file by sponsoring organizations. This agreement shall be effective with respect to meals served during the Period commencing the 1st day of September, 1986, and ending June 30, 1987, unless terminated early as herein provided. -, ',.'~ .. ..... FOOD SERVICE AGREl:HENT -- Cont' d. Page 5 SIGNATURE ON BEHALF OF SERVICE I~~~UTI_ON By: ~_( j_ Q~ Title: Di rector Dated: October 8, 1986 HEAD By: Title: Dated: ATTESTED: Dated: CONTRACT NO. 7050 START/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY SAN BEFNARDINO COUN~I '2/~~ -/~ ,- HORTENSE HUNN DIRECTOR HRA.HEAD START JSTATE. PRESCHOOL DE-Pl. QJ~~ ~- Clerk of trve Board Approved as to Legal Form: L;?J2~~. _ County counse.1(s Dated: ? If //t , ...