HomeMy WebLinkAbout10 Parks and RecsC!TY OF SAN, BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR
Dept: PARKS, RECREATION AND COMMUNITY
SERVICES
ORIGINAL
Date: November 18, 1998
Synopsis of Previous Council Action:
Subject: AUTHORIZATION FOR
ADMINISTRATION OF A FEDERAL GRANT IN
THE AMOUNT OF $170,480 TO CONTINUE THE
HEADSTART/PRESCHOOL PROGRAM AT
DELMANN HEIGHTS COMMUNITY CENTER
FOR THE PERIOD SEPTEMBER 1, 1998
THROUGH AUGUST 31, 1999
9/21/98 - Council approved Resolution 98 -267 to provide delivery of lunches and snacks by San Bernardino
Unified School District for the 1998 -99 school year.
Recommended motion:
Adopt Resolution
Signature
Contact Person: ANNIE F. RAMOS Phone: X5030
Supporting data attached: STAFF REPORT & GRANT CONTRACT Ward: 6TH
FUNDING REQUIREMENTS: Amount: $83,802 IN -KIND SERVICES)
Council Notes:
Source: (Acct No.)
Agenda Item No. ��
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
AUTHORIZATION FOR ADMINISTRATION OF
A FEDERAL GRANT IN THE AMOUNT OF
$170,480 TO CONTINUE THE HEADSTART/
PRESCHOOL PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER FOR THE PERIOD OF
SEPTEMBER 1, 1998 THROUGH AUGUST 31,1999
Background:
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 that would not be available to them were it
not for the Delmann Heights Program.
Financial Requirements:
The funding requirements are $170,480 federal share and $83,802 non - Federal share of City in -kind services
which include thousands of hours of volunteer work by the parents of the children involved as well as the hours
of staff and facilities.
Recommendation:
This program provides benefits that far outweigh the costs; therefore, it is recommended that this authorization
to administer funding to continue the program be approved.
0FO 1 R SOL N O.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
3 TO ADMINISTER A FEDERAL GRANT IN THE AMOUNT OF $170,480.00 TO
CONTINUE THE HEADSTART /PRESCHOOL PROGRAM AT DELMANN HEIGHTS
4 COMMUNITY CENTER AND TO EXECUTE THE AGREEMENT FOR DELEGATION
OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO PRESCHOOL SERVICES
5 DEPARTMENT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The Director of Parks, Recreation and Community Services Department is
9
hereby authorized to administer a federal grant in the amount of One Hundred Seventy Thousand
10
Four Hundred Eighty Dollars ($170,480.00) to continue the Headstart/Preschool Program at
11
Delmann Heights Community Center and to execute the Agreement for Delegation of Activities
12
with the County of San Bernardino Preschool Services Department, a copy of which is attached
13
hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
14
15 length.
�
SECTION 2. The authorization granted hereunder shall expire and be void and of no
16
further effect if the Agreement is not executed by both parties and returned to the Office of the
17
City Clerk within sixty (60) days following the effective date of the resolution.
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2P
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO ADMINISTER A FEDERAL GRANT IN THE AMOUNT OF $170,480.00 TO
CONTINUE THE HEADSTART /PRESCHOOL PROGRAM AT DELMANN HEIGHTS
COMMUNITY
OF ACTIVITIES WITH THE COUNTY OF SAN BERNARDINO PRESCHOOL SERVICES
DEPARTMENT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting
thereof, held on the day of , 1998, by the following vote, to wit
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
MILLER
CITY CLERK
The foregoing Resolution is hereby approved this day of
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
n
By:
2
JUDITH VALLES, Mayor
City of San Bernardino
"-1
0 CONTRACT NO. 6050 -8
County of San Bernardino - PRESCHOOL SERVICES DEPARTMENT
250 S. Lena Road
San Bernardino, CA 92408
AGREEMENT FOR
DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH FOR CHILDREN AND HUMAN AND
ADMINISTRATION AND FAMILIES
GRANT NO. 09CH- 0416/34 - FEDERAL
(P.Y. 1998 -99)
This agreement entered into as of September 1, 1998 including attached
conditions and program guidelines, shall govern all activities of the County of San
Bernardino Preschool Services Department, financed under DP u
09CH- 0416/34 (ACF) Administration for Children and Families. Funding ng period
for grant is September 1, 1998 through August 31, 1999.
Said activities will be carried out by SAN BERNARDINO CITY PARKS AND
RECREATION DIVISION, hereinafter referred to
SDLEGA" Board behalf of the
Preschool Services Department and County of anBernardino
Supervisors, hereinafter referred to as "GRANTEE ". The GRANTEE and the
DELEGATE agree as follows:
1. WORK TO BE PERFORMED. The DELEGATE shall, in a satisfactory
ead
manner as determined by the GR AounEtEas approved all in fACF grant Ho the
Start /State Preschool Program
GRANTEE, for sixty (60) children for a period of one hundred seventy (170) days.
2. COMPLIANCE WITH THE PROGRAM dASgAPoPRO SE . ThneDs and ATE
shall conduct the program to comply with
requirements, approved budget (see attachment) all GRANTEE requirements and
directives and any special conditions that may from time to time be requested.
Specifically, the DELEGATE shall comply with Head Start Program Appendix Performance
Standards 45 CFR Part
Management
Respons Responsibilities Governance and
November 5, 1996) as it
Governance an
pertains to parents in decision - making.
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:
Page 1 of 8
EXHIBIT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
a. Finance Reports - Due 10th day of each month.
b. Attendance Reports - Due 5th day of each month.
c. Local Contributions - Due 10th day of each month.
d. Property Inventory - Due January 15, annually.
e. Final Reports, - September 15, annually.
f. Revision to Final Financial Report - for State, due August 15, for
ACF, October 1, annually.
g. Audit Report - requested.
h. Participant's Records (those records without parental consent to be
held for school information) - Due in GRANTEE Office 10 days
following close of classes.
i. Personnel Policies and Grievances procedure for all program
employees - Due January 15, annually.
j. Policy Committee By -Laws - Due January 15, annually.
k. Affirmative Action Policy - Due January 15, annually.
I. All program and fiscal records must be retained for five (5) years.
m. Copy of appropriate insurance policy, January 15, annually.
The DELEGATE agrees to prepare and retain, and permit the GRANTEE to
inspect as it deems necessary for grant purposes in addition to inspections
authorized by the conditions in the grants from ACF the following records:
Head 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 beginning date of September 8, 1998 and ending date of June 3,
1999.
Page 2 of 8
EXHIBIT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
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
ANTEE
provide the report within the scheduled will
to necessitate the be borne by theRDELEGATE.
performing an audit of DELEGATE r ecords, cost
8. INDEMNIFICAhoOdN ANDIeNSUACFNthe GRANTEEEGheTCo agrees
nty and their
indemnify, defend and
authorized officers, employees, agents and volunteers from any and all claims,
actions, losses, damages and /or liability arising out of this contract from any
cause whatsoever, including the acts, errors or omissions of any persons and for
any costs or expenses incurred by ACF, the GRANTEE, the COUNTY on account
of any claim therefore, except where such indemnification is prohibited by law.
INSURANCE - Without in anyway affecting the indemnity herein provided and in
addition thereto, the DELEGATE shall secure and maintain throughout the term of
the contract the following types of insurance with limits as shown:
Worker's Compensation - A program of Worker's Compensation insurance or
a state - approved Self- insurance Program in an amount and form to meet all
applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000.00 nd allsrisks to such persons under this
services on behalf of the DELEGATE
Agreement.
Comprehensive General & 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 officers, employees, agents and volunteers
as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
WAIVER OF SUBROGATION RIGHTS - DELEGATE shall require the carriers or self
insurance administrators of the above required coverages to waive all rights of
subrogation against ACF, the GRANTEE, and the COUNTY and their officers,
employees, agents, volunteers, contractors and subcontractors.
Page 3 of 8
EYHIBIT "A"
0 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
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 services hereunder,
or expire without thirty (30)
provide that such insurance shall not be
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 6 copies of the policies and of this
Agreement, the DELEGATE shall furnish certified
endorsements. The insurance requirements set forth in section 8 herein shall be
satisfied by evidence of a bona fide self
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
determines t e
addition, if the Risk Manager ed es at heretofore unreasonably priced or
unavailable types of insurance coverage or coverage limits become reasonably
priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable
in light of past claims against the County, inflation, or any other item reasonably
related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any
change requiring additional types insurance coverage
DELEGATE agrees to executes
must be made by amendment to this Agreement.
any such amendment within thirty (30) days of receipt.
9. COVENANT AGAINST CONTINGENT FEES. The DELEGATE warrants
that no person or selling agency or other organization has been employed or
retained to solicit or secure this contract upon an agreement or understanding for
a commission, percentage brokerage or contingent fee. For breach or violation of
this warrant, the GRANTEE shall have the right to nullify this agreement with
liability or, in its discretion, to deduct from the agreement or otherwise recover
Page 4 of 8
BXHTBTT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
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 oved under GRANTEE'S
GRANTEE'S accounting procedures established or app b Y
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 $170,480.00, 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 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.
Page 5 of 8
EXHIBIT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
12. NON - FEDERAL SHARE. The DELEGATE will contribute $83,802.00 to
the program funds. Such contribution shall be in cash in the amount of $ -0 -, and
in -kind in the amount of $83,802.00, per attached budget.
13. In accordance with the approved grants, GRANTEE will provide
DELEGATE Agency with such supportive monitoring services as agreed upon, to
include the following:
a. Health Services: Medical, Dental, Mental and Nutrition
b. Social Services
c. Eligibility Services
d. Training: Pre - service /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 no- Federal share contribution, shall be
determined in accordance with ACF guidelines. Any purchase in excess of five
hundred dollars ($500) not approved in the original budget must be approved in
writing by the funding sources.
15. PUBLICATION AND PUBLICITY. The DELEGATE may publish results of
its function and participation in the approved program without prior review by the
GRANTEE, providing that such publication acknowledges that the program is
supported by funds awarded by ACF, and that five (5) copies of each publication
be furnished to ACF, plus copies to the GRANTEE as the GRANTEE may
reasonably require.
16. COPYRIGHTS. If this agreement results in a book or other copyrightable
material, the author is free to copyright the work, but the Administration for
Page 6 of 8
EXHIBIT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
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 9 from this
agreement.
17. PATENTS. Any discovery or invention arising out of or developed in the
course of work aided by this agreement shall ebmination promptly
as toand
whefully
therreported
patentto the
GRANTEE and to the Director of ACF for det
protection on such invention or discovery shall be sought and how the rights in
the invention or discovery, including rights under any patent issued thereon, shall
be disposed of and administered in order to protect public interest.
18. POLITICAL ACTIVITY PROHIBITED. OGRANTEE or the DELEGATE under this
property or services contributed y the
agreement shall be used in the
hc on performance
or d feat of agreement
any candidate fo apubl c
political activity, or to further t e ele
office.
19. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship,
instruction or proselytizing as part of or in connection with performance of this
agreement.
20. NONDISCRIMINATION C A and itsD subcontractor acto performance
II not unlawfully
contract, the DELEGATE, contractor
discriminate, harass or allow harassment, against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin,
disability (including HIV and AIDS), medical condition (cancer), age, marital
status, and denial of family and medical care leave and denial of pregnancy
disability leave. The DELEGATEcontractors applicants subcontractors sh at
the evaluation and treatment of their and foemployment
are free from such discrimination and with the provisions of the Fair Employment
and Housing Act (Government code,
Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulation, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 12990 (a -f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part hereof as if set forth
in full. Contractor and its subcontractor shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This DELEGATE, contractor shall
include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
Page 7 of 8
EXHIBIT "A"
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
This Agreement shall be effective with respect to the delegation of activities,
during the period commencing for program year September 1, 1998 and ending
August 31, 1999 unless terminated early as herein provided.
IN WITNESS WHEREOF, the GRANTEE and the DELEGATE have executed this
agreement of the date first above written.
ON BEHALF OF SERVICE INSTITUTION:
CITY OF SAN BERNARDINO
PARKS & RECREATION DIVISION
Signature
ANNIE F. RAMOS
Parks & Recreation Director
Type or Print Name and Title
Date
(Contract \6050- 8da.CON)
ON BEHALF OF SPONSORING AGENCY:
COUNTY OF SAN BERNARDINO
PRESCHOOL SERVICES DEPARTMENT
Signature
JERRY EAVES
Chairman, Board of supervisors
Type or Print Name and Title
Page 8 of 8
EXHIBIT "A"
Date
98 -339
CONTRACT NO. 6050 -8
County of San Bernardino - PRESCHOOL SERVICES DEPARTMENT
250 S. Lena Road
San Bernardino, CA 92408
AGREEMENT FOR
DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES AND
ADMINISTRATION FOR CHILDREN AND FAMILIES
GRANT NO. 09CH- 0416/34 - FEDERAL
(P.Y. 1998 -99)
This agreement entered into as of September 1, 1998 including attached
conditions and program guidelines, shall govern all activities of the County of San
Bernardino Preschool Services Department, financed under DEPT. HHS /ACF No.
09CH- 0416/34 (ACF) Administration for Children and Families. Funding period
for grant is September 1, 1998 through August 31, 1999.
Said activities will be carried out by SAN BERNARDINO CITY PARKS AND
RECREATION DIVISION, hereinafter referred to as "DELEGATE," on behalf of the
Preschool Services Department and the County of San Bernardino Board of
Supervisors, hereinafter referred to as "GRANTEE ". The GRANTEE and the
DELEGATE agree as follows:
1 . WORK TO BE PERFORMED. The DELEGATE shall, in a satisfactory
manner as determined by the GRANTEE, perform all activities for the Head
Start /State Preschool Program account as approved in the ACF grant to the
GRANTEE, for sixty (60) children for a period of one hundred seventy (170) days.
2. COMPLIANCE WITH THE PROGRAM AS APPROVED. The DELEGATE
shall conduct the program to comply with funding sources' guidelines and
requirements, approved budget (see attachment) all GRANTEE requirements and
directives and any special conditions that may from time to time be requested.
Specifically, the DELEGATE shall comply with Head Start Program Performance
Standards 45 CFR Part 1304.50 (Program Governance and Appendix A-
Governance and Management Responsibilities dated November 5, 1996) as it
pertains to parents in decision - making.
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:
Page 1 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd.
CONTRACT NO. 6050 -8
a. Finance Reports - Due 10th day of each month.
b. Attendance Reports - Due 5th day of each month.
c. Local Contributions - Due 10th day of each month.
d. Property Inventory - Due January 15, annually.
e. Final Reports, - September 15, annually.
f. Revision to Final Financial Report - for State, due August 15, for
ACF, October 1, annually.
g. Audit Report - requested.
h. Participant's Records (those records without parental consent to be
held for school information) - Due in GRANTEE Office 10 days
following close of classes.
i. Personnel Policies and Grievances procedure for all program
employees - Due January 15, annually.
j. Policy Committee By -Laws - Due January 15, annually.
k. Affirmative Action Policy - Due January 15, annually.
I. All program and fiscal records must be retained for five (5) years.
m. Copy of appropriate insurance policy, January 15, annually.
The DELEGATE agrees to prepare and retain, and permit the GRANTEE to
inspect as it deems necessary for grant purposes in addition to inspections
authorized by the conditions in the grants from ACF the following records:
Head 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 beginning date of September 8, 1998 and ending date of June 3,
1999.
Page 2 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd. CONTRACT NO. 6050 -8
7. FINANCIAL STATEMENT AND OTHER REPORTS. All reports must be
submitted at the scheduled time. Failure to comply may result in the withholding
of funds. The audit report must contain a statement that the auditor has
examined the disposition of all funds advanced under this agreement. Failure to
provide the report within the scheduled time will necessitate the GRANTEE
performing an audit of DELEGATE records, cost to be borne by the DELEGATE.
8. INDEMNIFICATION AND INSURANCE - The DELEGATE agrees to
indemnify, defend and hold harmless ACF, the GRANTEE, the County and their
authorized officers, employees, agents and volunteers from any and all claims,
actions, losses, damages and /or liability arising out of this contract from any
cause whatsoever, including the acts, errors or omissions of any persons and for
any costs or expenses incurred by ACF, the GRANTEE, the COUNTY on account
of any claim therefore, except where such indemnification is prohibited by law.
INSURANCE - Without in anyway affecting the indemnity herein provided and in
addition thereto, the DELEGATE shall secure and maintain throughout the term of
the contract the following types of insurance with limits as shown:
Worker's Compensation - A program of Worker's Compensation insurance or
a state - approved Self- insurance Program in an amount and form to meet all
applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000.00 limits, covering all persons providing
services on behalf of the DELEGATE and all risks to such persons under this
Agreement.
Comprehensive General & Automobile 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 officers, employees, agents and volunteers
as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
WAIVER OF SUBROGATION RIGHTS - DELEGATE shall require the carriers or self
insurance administrators of the above required coverages to waive all rights of
subrogation against ACF, the GRANTEE, and the COUNTY and their officers,
employees, agents, volunteers, contractors and subcontractors.
Page 3 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd. CONTRACT NO. 6050 -8
POLICIES PRIMARY AND NON - CONTRIBUTORY - All policies required above are
to be primary and non - contributory with any insurance or self- insurance programs
carried or administered by the County.
PROOF OF COVERAGE - DELEGATE shall immediately furnish certificates of
insurance to the GRANTEE evidencing the required insurance coverage prior to the
commencement of performance of services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without thirty (30)
days written notice to the GRANTEE, and shall maintain such insurance from the
time DELEGATE commences performances of services hereunder until the
completion of such services. Within sixty (60) days of the commencement of this
Agreement, the DELEGATE shall furnish certified copies of the policies and
endorsements. The insurance requirements set forth in section 8 herein shall be
satisfied by evidence of a bona fide self insurance program.
INSURANCE REVIEW - The above insurance requirements are subject to periodic
review by the County. The County's Risk Manager is authorized, but not
required, to reduce or waive any of the above insurance requirements whenever
the Risk Manager determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the County. In
addition, if the Risk Manager determines that heretofore unreasonably priced or
unavailable types of insurance coverage or coverage limits become reasonably
priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable
in light of past claims against the County, inflation, or any other item reasonably
related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any
change requiring additional types of insurance coverage or higher coverage limits
must be made by amendment to this Agreement. DELEGATE agrees to execute
any such amendment within thirty (30) days of receipt.
9. COVENANT AGAINST CONTINGENT FEES. The DELEGATE warrants
that no person or selling agency or other organization has been employed or
retained to solicit or secure this contract upon an agreement or understanding for
a commission, percentage brokerage or contingent fee. For breach or violation of
this warrant, the GRANTEE shall have the right to nullify this agreement with
liability or, in its discretion, to deduct from the agreement or otherwise recover
Page 4 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd. CONTRACT NO. 6050 -8
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 $170,480.00, 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 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.
Page 5 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd. CONTRACT NO. 6050 -8
12. NON - FEDERAL SHARE. The DELEGATE will contribute $83,802.00 to
the program funds. Such contribution shall be in cash in the amount of $ -0 -, and
in -kind in the amount of $83,802.00, per attached budget.
13. In accordance with the approved grants, GRANTEE will provide
DELEGATE Agency with such supportive monitoring services as agreed upon, to
include the following:
a. Health Services: Medical, Dental, Mental and Nutrition
b. Social Services
c. Eligibility Services
d. Training: Pre - service /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 no- Federal share contribution, shall be
determined in accordance with ACF guidelines. Any purchase in excess of five
hundred dollars ($500) not approved in the original budget must be approved in
writing by the funding sources.
15. PUBLICATION AND PUBLICITY. The DELEGATE may publish results of
its function and participation in the approved program without prior review by the
GRANTEE, providing that such publication acknowledges that the program is
supported by funds awarded by ACF, and that five (5) copies of each publication
be furnished to ACF, plus copies to the GRANTEE as the GRANTEE may
reasonably require.
16. COPYRIGHTS. If this agreement results in a book or other copyrightable
material, the author is free to copyright the work, but the Administration for
Page 6 of 8
EXHIBIT "A"
98 -339
Delegation Agreement -- Cont'd. CONTRACT NO. 6050 -8
Children and Families reserves a royalty -free non - exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, all
copyrighted material and all material which can be copyright resulting from this
agreement.
17. PATENTS. Any discovery or invention arising out of or developed in the
course of work aided by this agreement shall be promptly and fully reported to the
GRANTEE and to the Director of ACF for determination as to whether patent
protection on such invention or discovery shall be sought and how the rights in
the invention or discovery, including rights under any patent issued thereon, shall
be disposed of and administered in order to protect public interest.
18. POLITICAL ACTIVITY PROHIBITED. None of the funds, materials,
property or services contributed by the GRANTEE or the DELEGATE under this
agreement shall be used in the performance of this agreement for any partisan
political activity, or to further the election or defeat of any candidate for public
office.
19. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship,
instruction or proselytizing as part of or in connection with performance of this
agreement.
20. NONDISCRIMINATION CLAUSE. During the performance of this
contract, the DELEGATE, contractor and its subcontractor shall not unlawfully
discriminate, harass or allow harassment, against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin,
disability (including HIV and AIDS), medical condition (cancer), age, marital
status, and denial of family and medical care leave and denial of pregnancy
disability leave. The DELEGATE, contractors and subcontractors shall insure that
the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and with the provisions of the Fair Employment
and Housing Act (Government code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulation, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 12990 (a -f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part hereof as if set forth
in full. Contractor and its subcontractor shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This DELEGATE, contractor shall
include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
Page 7 of 8
EXHIBIT "A"
delegation Agree
nient __ Co
nr , d.
during is Agreernent
August 3; Period shall be effe CANT RACT Np• 6
IN 1999 unless errng for Pro With resPe�t 050_8
agreemVVI I ESS HERE m'nated ea IY Sher SePternbede legation o
Of
the date firs F" GRANTS rein Provided 1, 1998 and �nvities
ore Written ding '
pN BEH E and the �E�EG
CIT ALF OF SERVICE ATE have execute
PARKS &SAN BERN I NSTI TUTIO/V d this
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Signature
'4NNIE F
Parks R AM0S
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and T �reotor
e
Date
7act16050_gda. CON)
Page 8 of 8
EXHIBIT rrn If
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Signature
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Date