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HomeMy WebLinkAbout06- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ANNIE F. RAMOS, DIRECTOR Subject: AUTHORIZATION FOR ADMINISTRATION OF A FEDERAL GRANT IN THE AMOUNT OF $ 154,204 Dept: PARKS, RECREATION AND COMMUNITY SERVICES TO CONTINUE THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER Date: NOVEMBER 1, 1995 FOR THE PERIOD SEPTEMBER 1, 1995 THROUGH AUGUST 3 1996 Synopsis of Previous Council action: April 4, 1995 - Authorized Administration of the Headstart/Preschool Program for 1994-95. ),.,--P . lr'^_Cz Recommended motion: That the Director of Parks, Recreation and Community Services Department be authorized to administer a Federal Grant in the amount of $ 154,204 to continue the Headstart/Preschool Program at Delmann Heights Community Center for the period September 1, 1995 through August 31, 1996. Signature Contact person: ANNIE F. RAMOS Phone: 5030 Supporting data attached: Staff Report & Grant Contract Ward: 6 FUNDING REQUIREMENTS: Amount: 81 ,428 (Tn-kinrl Services) Source: (Acct. No.) (Acct. Description) Finance: ,ouncil Notes: Q 75-0262 Agenda Item No CITY OF SAN BERNARDINO - REQUEST FOp COUNCIL ACTION STAFF REPORT AUTHORIZATION FOR ADMINISTRATION OF A FEDERAL GRANT IN THE AMOUNT OF $ 154,204 TO CONTINUE THE HEADSTART/PRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER FOR THE PERIOD SEPTEMBER 1, 1995 THROUGH AUGUST 31, 1996. The Headstart Preschool Program has been in operation at Delmann Heights Community Center since 1978. The school began with one class of 15 children and has now grown to four classes of 15 children each. These 60 children are now receiving education and training opportunities Lhat would not be available to them were it not for the Delmann Heights Program. The funding requirements are the same in 1995-96 as they were in 1994-95. The City in-kind services include thousands of hours of volunteer work by the parents of the children involved as well as the hours of staff and facilities. This program provides benefits that far outweigh the costs; therefore, it is recommended that this authorization to apply for funding to continue the program be approved. I 11/1/95 amt tr4ds=Ude1uwm •0264 z CONTRACT NO. 6050-5 AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR CHILDREN AND FAMILIES GRANT NO. 09CH-0416/31 This agreement entered into as of September 1, 1995, including attached conditions and program guidelines, shall govern all activities of the Preschool Services Department, financed under D/HHS/ACF NO. 09CH-0416/31 (ACF) Administration for Children and Families . Funding period for Grant No. 09CH- 0416/31 is September 1, 1995 , through August 31, 1996 . 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 four (4) classes of 15 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 attached, all GRANTEE requirements and directives and any special conditions that may from time to time be requested. Specifically, the DELEGATES shall comply with I-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 I- 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 : 0 Page 2 Delegation Agreement - - Cont' d. CONTRACT NO. 6050-5 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 from 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 . S . 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 11, 1995, and ending date of June 5, 1996 . 0 Page 3 Delegation Agreement -- Cont' d. CONTRACT NO. 6050-5 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 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, p Page 4 Delegation Agreement - - Cont ' d. CONTRACT NO. 6050-5 employees, contractors and subcontractors except for the negligent acts of 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 - 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 . 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 0 Page 5 Delegation Agreement -- Cont' d. CONTRACT NO. 6050-5 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 $154,204 . 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 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 Page 6 Delegation Agreement -- Cont ' d. CONTRACT NO. 6050-5 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 . 12 . NON-FEDERAL SHARE. The DELEGATE will contribute $81,428 . 00 to the program funds . Such contribution shall be in cash in the amount of $-0- , and in-kind in the amount of $81,428 . 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/In-service/Workshops e. Parent Involvement, T/TA and Monitoring f . Disability Services g. Administration h. Educational Program for Children i . 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 require. Page 7 Delegation Agreement -- Cont' d. CONTRACT NO. 6050-5 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 . 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, marital status, or national origin. This recruitment shall apply to, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or 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, 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 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 Page 8 Delegation Agreement -- Cont' d. CONTRACT NO. 6050-5 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 proselytizing as part of or in connection with performance of this agreement . IN WITNESS WHEREOF, the GRANTEE and the DELEGATE have executed this agreement of the date first above written. CITY OF SAN BERNARDINO PARRS & PRESCHOOL SERVICES DEPARTMENT RECREATION OF SAN BERNARDINO COUNTY BY: BY: MARSHA TUROCI TITLE : TITLE :Chairman, Board of Supervisors DATE : DATE : (6050-5 .DAC) Page 9 Delegation Agreement -- Cont' d. CONTRACT NO. 6050-5 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, 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 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 the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract . STD. 17A(REV. (3-95) PRESCHOOL SERVICES DEPARTMENT 1995-96 SAN BDNO. PARKS & RECREATION GRAND A. PERSONNEL TOTAL. TEACHER DIRECTOR 519.859 TEACHER $17. 165 2 TEACHERS $32,685 2 TEACHER AIDE $13,367 2 TEACHER AIDE 512.804 CLERK $10,694 i TOTAL $106,574 B. FRINGE BENEFITS RETIREMENT $10.332 HEALTH INSURANCE $25.758 WORKERS COMP. $3,730 SUI $1 .545 TOTAL $41,365 E. SUPPLIES CLASSROOM 52. 160 OFFICE $723 POSTAGE $71 EQUIPMENT $500 TOTAL $3,454 F. CONTRACTUAL FIELD TRIP $902 TOTAL $902 H. OTHER PARENT ACTIVITY $200 EQUIP. MAINT/REPAIR $439 FOOD $400 TELEPHONE $620 ADMISSIONS $200 TOTAL $1 .909 GRAND TOTAL $154.204 $154,204 NON FEDERAL SHARE ADMINISTRATION $16.465 VOLUNTEERS 54.590 SPACE COSTS $60.040 TOTAL. 5,,1 .095