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HomeMy WebLinkAbout28-Parks & Recreation I CITY OF SAN BERNARDINO - REQUEST FOR COUNT L From: Kevin Hawkins, Director Subject: Resolution of the City of San Bernardino authorizing the City Manager to execute a Dept: Parks, Recreation& Community Contract with the County of San Services Dept. Bernardino for the Head Start/Preschool Date: July 7, 2008 Program at Delmann Heights Community Center and accepting the proposal amount of $314,860 for the period of August 15,2008 through June 30,2009. M/CC Meeting Date: July 21, 2008 Synopsis of Previous Council Action: 7-15-2008 —Grants Committee recommended for approval. 7-02-2007—Council approved Resolution 2007-228 to continue the Head Start/Preschool Program at the Delmann Heights Community Center for FY 2007-2008. 6-05-2006—Council approved Resolution 2006-163 to continue the Head Start/Preschool Program at the Delmann Heights Community Center for FT 2006-2007. Recommended motion: Adopt Resolution. \Signature Contact person: Aaliyah Harkley Phone: 384-5231 Supporting data attached: Staff Report, Reso,&Agreement Ward: City-wide FUNDING REQUIREMENTS: Amount: $314,860 in grant funding Source: (Acct. No.) 123-524-xxxx (Acct. Description) Q Finance: Council Notes: Agenda Item No. #028 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Contract with the County of San Bernardino for the Head Start/Preschool Program at Delmann Heights Community Center and accepting the proposal amount of$314,860 for the period of August 15, 2008 through June 30, 2009. Background: The Head Start Preschool Program has been in operation at Delmann Heights Community Center for the past thirty-one years. The school began with one class of 15 children and now has sixty children enrolled. The program curriculum includes music, language arts, math, and science. A healthy meal is also provided for each child. There are eleven staff members that coordinate, implement and supervise the program. Staff works 197 days, and each program participant receives 170 days of instructional education. The demographic profile is as follows: 55% Hispanic, 25% African-American, 10% Anglo, 3% Asian-American and 7% other. This program is for low-income children and families who must meet Federal income guidelines in order for the children to participate in this program at no charge. The program is a successful collaboration between the City of San Bernardino Parks, Recreation & Community Services Department and the County of San Bernardino Preschool Services Department. These 60 children are now receiving pre-school education and training opportunities that would not be available to them were it not for the Parks, Recreation & Community Services Program at the Delmann Heights Center. The total amount of the grant is $314,860; however, the contract documents indicate that the amount is $294,860, plus a $20,000 purchase order. The discrepancy exists due to the fact that the contract did not get to the Board of Supervisors prior to the effective date of July 1, 2008. The Board does not approve contracts retroactively; therefore, the County will issue a $20,000 purchase order (for which prior Board approval is not required) to cover any invoices from the City for services performed between July 1, 2008, and the date that the Board approved the contract. Financial Impact: There is no General Fund cash match required; however, $68,643 in City in-kind services is required. The in-kind includes thousands of hours of volunteer work by the parents of the children in the Head Start program as well as the program's proportionate share of administrative staff and operating costs for the Delmann Heights Community Center. Recommendation: Adopt Resolution. 1 RESOLUTION NO. M_. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE HEAD 4 START/PRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER 5 AND ACCEPTING THE PROPOSAL AMOUNT OF $314,860 FOR THE PERIOD OF AUGUST 15, 2008 THROUGH JUNE 30, 2009. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is hereby authorized to execute a Contract for the 9 acceptance of a grant from the County of San Bernardino in the amount of $314,860 for the 10 administration and operation of the Head Start/Preschool Program at Delmann Heights 11 12 Community Center for FY 2008-2009, a copy of which is attached hereto, marked Exhibit "A" 13 and incorporated herein by reference as fully as though set forth at length, and 14 SECTION 2. That the authorization granted hereunder shall expire and be void and of 15 no further effect if the agreement is not executed by both parties and returned to the Office of the 16 City Clerk within sixty(60) days following effective date of the Resolution. 17 18 19 20 /// 21 22 23 24 25 26 27 HI 28 10 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE HEAD 4 STARTIPRESCHOOL PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER 5 AND ACCEPTING THE PROPOSAL AMOUNT OF $314,860 FOR THE PERIOD OF AUGUST 15, 2008 THROUGH JUNE 30,2009. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a Meeting, 8 thereof, held on the day of , 2008, by the following vote to 9 wit: 10 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 11 12 ESTRADA 13 BAXTER 14 BRINKER 15 DERRY_ 16 KELLEY 17 JOHNSON 18 19 MCCAMMACK 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2008. 22 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 26 Approved as to Form: 27 28 es F. Penman, City Attorney FOR COUNTY USE ONLY •� X New Vendor Code Dept. Contract Number nN ee 4iNrUN Change SIC SANBERN772 Cancel County Department Dept. Orgn. Contractor's License No. Preschool Services Department County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Regina Dalton (909) 388-0241 $294,860 F A S Contract Type ❑ Revenue ® Encumbered ❑ unencumbered ❑ Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount August 15, 2008 June 30,2009 $294,860 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount RSC HPS 100 300 3252 $294,860 Fund Dept. Organization Appr, Obj/Rev Source GRC/PROD/JOB No. Amount I I Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Delegate Agency FY Amount I/D FY Amount I/D Food Service 08/09 $294,860 1 THIS CONTRACT—is entered into in the State of California by and between--the County of San Bernardino, Preschool Services Department, hereinafter called the County, and Name City of San Bernardino Parks, Recreation & hereinafter called Delegate Agency Community Services Department Address 600 W. 5th St. San Bernardino, CA 92410 Phone Birth Date (909) 384-5435 Federal ID No.or Social Security No. 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, The County desires to operate Head Start/State Preschool Programs throughout the County; and WHEREAS, County has been allocated funds by the California Department of Education (CDE) and Federal Administration for Children and Families (ACF)to provide such services; and WHEREAS, County finds Delegate Agency qualified to provide these services; and IEREAS, County desires that such services be provided by Delegate Agency and Delegate Agency agrees to orm these services as set forth below; NOW THEREFORE, County and Delegate Agency mutually agree to the following terms and conditions: TABLE OF CONTENTS 1. DEFINITIONS.....................................................................................................................................3 II. DELEGATE AGENCY PROGRAM RESPONSIBILITIES..................................................................4 III. DELEGATE AGENCY CURRICULUM AND CLASSROOM RESPONSIBILITIES ...........................8 IV. DELEGATE AGENCY FOOD SERVICE RESPONSIBILITIES..........................................................9 V. DELEGATE AGENCY PROGRAM ADMINISTRATION RESPONSIBILITIES................................10 V1. DELEGATE AGENCY GENERAL RESPONSIBILITIES .................................................................12 VII. COUNTY RESPONSIBILITIES ........................................................................................................20 VI11. FISCAL PROVISIONS (MANAGEMENT)........................................................................................20 IX. RIGHT TO MONITOR AND AUDIT..........................................................................................................23 X. CORRECTION OF PERFORMANCE DEFICIENCIES............................................................................24 .I. TERM.........................................................................................................................................................25 XII. EARLY TERMINATION ............................................................................................................................25 XIII. GENERAL PROVISIONS .........................................................................................................................26 XIV. CONCLUSION...........................................................................................................................................27 ATTACHMENT A- CHILD AND ADULT CARE FOOD PROGRAM ATTACHMENT B- BUDGET I. DEFINITIONS A. Acuscreen — A one-on-one activity based assessment, including direct observation and caregiver input, to provide a complete picture of each child. This includes assessments of cognitive, perceptual-motor, language and social development. B. Administration for Children and Families (ACF) — The federal agency that provides funding and guidelines for the operation of the Head Start program. C. California Department of Education (CDE1 — The State of California funding source for the State Preschool Program. D. Child and Adult Care Food Program (CACFP) — Child and Adult Care Food Program provides the requirements for student's nutritional needs set by the United States Department of Agriculture and the Head Start Program Performance Standards (See Attachment A). E. Delegate Agency — Organization performing services for the County of San Bernardino Preschool Services Department under the oversight of a local Policy Committee. F. Department of Health and Human Services (DHHS) —The federal agency that protects the health of all Americans and provides essential human services, especially for those who are least able to help themselves. G. Desired Results Developmental Profile — Revised Edition (DRDP — R) — An assessment tool used to determine children's developmental strengths. H. Early Childhood Environmental Rating Scale (ECERS) — Provides an overall picture of the -- -----surroundings that have been created for the children and adults who share an early childhood setting. I. Eligibility, Recruitment Selection, Enrollment and Attendance (ERSEA)— Refers to Head Start Performance Standards. J. Head Start Program — Head Start is a comprehensive child development program that serves children from ages 3 to 5 and their families. K. Head Start Program Performance Standards — Rules and regulations governing the Federally funded Head Start Program. L. Human Services (HS) — A system of integrated services, where the programs and resources of eight (8) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort. M. Individualized Educational Plan (IEP) — A plan designed to meet the unique educational needs of one child. The IEP must be tailored to the individual student's needs as identified by the evaluation process and must help teachers and related service providers understand the student's disability and how the disability effects the learning process. N. In-kind — A contribution of services, goods or cash expended for an allowable Head Start program cost. In-kind must be verifiable from a Delegate Agency's records, must not be used as a match for any other federally funded program, must be allowable under applicable cost principles, and must not be funds received under any other federal program. O. Local Education Agency (LEA)—A school district. P. Parent Involvement — Parents of enrolled children must be encouraged to become involved in the program as volunteers and decision-makers. Each Delegate Agency must have a Policy Committee, which approves the budget and any hiring/firing of staff. Delegate Agencies must also ensure that a representative from the Policy Committee participates in the meetings of the County Policy Council. Q. Program Information Report (PIR) — An annual source of comprehensive data on Head Start programs at the national, regional, and program levels. R. Policy Committee — A committee at a Delegate Agency composed of at least 51% parents of enrolled children, and community representatives. This committee is responsible for approving Delegate Agency budgets, approving the hiring or firing of Delegate Agency program staff, approving the criteria for recruitment, selection and enrollment of children at the Delegate Agency site, and electing a parent representative from the Committee to serve on the County Policy Council. S. Policy Council — A Policy Council is a group composed of elected parent representatives from each Head Start site in the County, including Delegate Agencies, and community representatives. T. Preschool Services Department (PSD) — Has operated the Head Start/State Preschool program in San Bernardino County since 1965. PSD administers the federally funded Head Start/Early Head Start/State Preschool Programs and Home Based Services at sites throughout the County. The primary function of the department is to provide subsidized child care and educational instruction for children 0 to 5 years of age from low-income families. U. Snacks — An A.M. or P.M. meal supplement that must meet Child and Adult Care Food Program requirements. V. Site Locations: City of San Bernardino Parks, Recreation & Community Services Department-- 2969 Flores Street San Bernardino, CA 92405 W. United States Department of Agriculture (USDA) — The federal agency that oversees food safety, regulates school breakfasts and lunches, and administers the Food Stamp Program, in addition to numerous other responsibilities. II. DELEGATE AGENCY PROGRAM RESPONSIBILITIES Delegate Agency agrees to: A. Perform all activities for the Head Start/State Preschool Program, as approved in the ACF/State Preschool grants to the County, in accordance with the Federal Performance Standards, Funding Terms and Conditions and State of California and/or Community Care Licensing regulations, for 4 classes of 15 children each (60 children), for a period of one hundred seventy (170) days in a satisfactory manner. B. Comply with Head Start Program Performance Standards (45 C.F.R. §1304.50 and Appendix A.). The program shall be conducted in compliance with Head Start/State Preschool Program funding sources' guidelines and requirements, approved Budget (Attachment B), all County requirements and directives, and any special conditions that may from time to time be requested. 0 C. Allowable costs for developing and administering the Head Start program may not exceed fifteen (15) percent of the total approved costs of the program. Costs in excess of the fifteen (15) percent limitation may be disallowed at the discretion of the County. (45 C.F.R. §1301.32.) D. Maintain copies of the following documents on-site for the current program year (July 1 to June 30) to be reviewed by the County at the time of on-site monitoring: 1. ERSEA Delegate Agency will have available copies of all documents used to verify age and income. The Head Start Performance Standards specify which documents are allowed to be used for age and income qualifying. Family files shall include: a. Documents used to verify income (Individual Income Tax Form 1040, W-2 forms, pay stubs, pay envelopes, written statements from employers, documentation showing current status of public assistance, or signed self declaration of income in the event income can not be documented.) (45 C.F.R. §1305.4(d).) b. Documents used to verify the age of the child (birth certificate, etc). (45 C.F.R. §1305.4(a).) C. Proof of need (when providing full-day opportunity to family) documenting that parents are employed or in job training with no caregiver at home. 2. Health a. Delegate- Agency-agrees to attend bi-annual Health Advisory and monthly Family Community Partnership (FCP) meetings conducted by the County, unless the Delegate Agency can provide verification of a Health Advisory in accordance with the Head Start Performance Standards. Verification will include Advisory Board composition, sign-in sheets, agenda and meeting minutes to be submitted to the County within 10 business days of each meeting. b. The County Health Specialist will notify the Delegate Agency via formal invitation of the above meetings. C. The Health Education Specialist will make site visits to review and track health services. d. The following items will be reviewed by the County during an on-site monitoring visit: 1) Children's files. 2) Health and Policy Procedures Manual (Include all health forms). 3) Documents to verify each child has an ongoing source of continuous, accessible healthcare. (45 C.F.R. §1304.20(a)(1)(i).) 4) Documents used to verify children are up to date on a schedule of age appropriate preventive and primary health care, which includes medical and dental utilized by the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT). This includes physicals, medical history profile, blood lead questionnaire, hemoglobin, T.B., vision, hearing screenings and dental. (45 C.F.R. §1304.20(a)(1) (ii).) 5) Document to track provision of health care services. (45 C.F.R. §1304.20(a)(1)(ii)(C).) 6) Procedure on prescription medication, and who trains designated staff to administer medication if necessary. 7) Documentation of medication kept at site. 8) Documentation on staff training regarding Health related issues. 9) Parent board for evidence of available health resources for parents. 3. Mental Health The following documents will be reviewed when the County or its designee conducts on-site monitoring: a. Resource books identifying community mental health services. These need to be readily available to parents. b. Documentation of a regular schedule of on-site visits made by a mental health professional involving program staff and parents. C. Evidence of the following screenings completed for each child within 45 calendar days of enrollment: behavioral, social, cognitive, and emotional skills. d. Documentation that the results of the above screenings were discussed with the parents, when appropriate resources made available, and appropriate activities included in the child's individual classroom education plan. e. Documentation that defines opportunities for each child to develop feelings of competence, self-esteem, and positive attitudes toward learning. f. Documentation of mental health services and training opportunities being made available for program staff. g. Documentation of mental health services and training being made available to families of enrolled children. 4. Disabilities The following documentation will be reviewed when the County or its designee conducts on- site monitoring: a. Evidence of the following screenings completed for each child within 45 calendar days of enrollment: developmental, sensory, cognitive, perceptual, behavioral, and emotional. b. Completion of a formal evaluation of a child who has been identified as possibly having a disability. _ -c. When a determination is made that a child needs special education and related services an IEP involving staff and parents will be developed within 30 calendar days. d. When appropriate goals from the IEP will be included in the child's individual classroom education plan. e. Evidence of formal partnerships with Focal agencies serving children with disabilities to include local LEAs. f. Evidence that at least ten percent of the Delegate Agency's funded slots are used for children with disabilities. g. Evidence that appropriate consents are obtained from parents for services to be provided to their child prior to services being rendered. h. Evidence that the Delegate Agency's recruitment material includes information about serving children with disabilities. 5. Education The following items will be reviewed when the County of its designee conducts on-site monitoring: a. Evidence of documentation and recordation of ongoing observations of children's strengths, concerns, interests, and progress per Head Start Program Performance Standards. Evidence of complete DRDP-R Assessments (hard copies in child's file) and data input on Genesis conducted three (3) times during a full program year that is documented and recorded on an ongoing basis. b. Evidence of Child Observations written on the instrument and in Genesis under Child Observations. C. Evidence of Lesson Plans for Planned Activities and Individualization. d. Evidence of Children with Disabilities Follow-up. E. Submit to the County, such reports as may be required by ACF and State Preschool directives, or by the County, according to, but not limited to, the following schedule: 1. Attendance Reports—Due 5th day of each month 2. Meal Count Reports— Due 5th day of each month 3. Audit Report— required annually 4. Child Outcomes Analysis and Action Plan — Due March 15th and June 15`h of each year 5. Final Financial Reports, for ACF— Due annually on August 315` 6. Final Financial Reports, for State—Due annually on July 15th 7. Monthly Finance Reports— Due by the 201h day of the month following the reporting period 8. Local Contributions (In-kind) 10% of annual total — Due 10th day of each month 9. Participant's -Records (those records without parental consent to be held for school information)— Due within 10 days following close of classes 10. Personnel Policies and Grievances procedure for all program employees — Due annually on January 15th 11. Policy Committee by-laws— Due annually on January 15th 12. Property Inventory— Due annually on January 15th 13. Revision to Final Financial Report, for ACF— Due annually on October 1St 14. Revision to Final Financial Report, for State— Due annually on August 15th II1. DELEGATE AGENCY CURRICULUM AND CLASSROOM REQUIREMENTS Delegate Agency agrees to comply with the Head Start Performance Standards requirements for developmentally appropriate curriculum. (45 C.F.R. §1304.20, et seq.) Delegate Agency shall: A. Ensure that each child is screened within forty-five days of enrollment, completing both the Acuscreen and the PSD speech screen. Results of screens indicating areas of concern should be referred to appropriate professionals for further observation and possible evaluation. B. Ensure that individual goals for each child are developed by both the teacher and parent and are properly documented per Head Start Performance Standards. C. Document and record on-going observations of children's strengths, concerns, interests, and progress, per Head Start Performance Standards. D. Be responsible for Weekly Lesson Plans. Lesson Plans should be developed based on observations of children's interests, their goals, and parent input to the curriculum. The current Weekly Lesson Plan form, as well as the separate Small Group Planning Sheet, should be posted in the classroom on Monday morning of each week. Plan should include both indoor and outdoor activities. E. Ensure that a minimum of four individual parent conferences are completed for each child per program year. At least two of those conferences should be in the form of a home visit; the other two may be set up as parent conferences at the school site. Each contract should be documented on a Home Visit/Parent Conference form. Suggested timelines are September, December, March, and May. F. Provide educational field trips. Field trips should be planned regularly to support and extend classroom learning. Field Trip requests are submitted at least one month prior to the date by completing the Field Trip Planning Sheet. Field trips will be approved if they are found to be educational and appropriate. G. Be responsible for completing the Kindergarten Transition Progress Summary on each child who is scheduled to attend kindergarten the following year. The KTPS is completed twice: the 1st one is done in December and the 2nd one is done in April or May. H. Be responsible for arranging the classrooms into distinct learning areas with adequate amounts and variety of material and equipment for the number of children. Materials should be stored in labeled containers on shelves that are accessible to children. Classrooms-should-be free of clutter and - -_ obstructions, and should be kept clean, neat, and orderly. Delegate Agency shall maintain licensing requirements regarding square footage per child in the classroom. I. Provide a "soft and cozy" area in every classroom for the children. This "quiet area" can be accomplished with the use of small area rugs, pillows, stuffed animals, the use of fabric on the walls, curtains, plants, etc. J. Establish and follow a consistent daily routine. IV. DELEGATE AGENCY FOOD SERVICE RESPONSIBILITIES Delegate Agency agrees to: A. Provide and deliver breakfast, lunch and snacks to Head Start/State Preschool site locations within the County of San Bernardino as listed in Section I of this contract as follows: 1. Meals shall comply with Child and Adult Care Food Program (CACFP) requirements for student's nutritional needs set by the USDA and the Head Start Program Performance Standards (45 C.F.R. §1304.23, subd. (b) 1-2, and (c) 1-4, and Attachment A.) Morning classes require breakfast and lunch, afternoon classes require lunch and snack, and full day classes require all three meals. All meals will be served family style. Meal components shall consist of: a. Breakfast — 3/4 cup of 1% milk, '/2 cup vegetable or fruit, and a bread or bread/alternate. b. Lunch — % cup of 1% milk, 1 1/2 oz. edible portion of meat/meat alternate, 1/2 slice bread or bread/alternate, 1/2 cup total fruit and vegetable. C. Snack — shall consist of two of the following components; Y2 cup of 1% milk, '/2 cup vegetable, fruit or full strength juice and a meat/meat alternate. In addition, low fat chocolate milk can be provided at least 1-2 times a month 2. Provide food that is low in fat, salt and sugar and is culturally diverse. 3. Ensure the temperature and quality of all meals, up to and including the time of delivery, meet the requirements of federal, state and local sanitation laws. 4. On a yearly basis, provide a nutritional analysis of a month's menu to the PSD Administrative Office to ensure that meals are meeting children's daily nutritional needs. 5. Meet with small committees of parents of children enrolled in the Program in order to solicit input on menu planning. 6. Provide food substitutions for children with physician-documented allergies, e.g. juice for milk, chicken or beef for pork, etc. 7. Provide invoice slips/records for each meal, with the site name, and total amount of meals served, etc. 8. Adjust meal quantities to accommodate enrollment fluctuations. 9. -Provide the PSD Administrative Office copies of-food specifications for any commercially prepared items and standardized recipes for food cooked from scratch. 10. Supply all necessary serviceware e.g. serving bowls, spoons, forks, cups, etc. and equipment needed to provide the food service requested in this contract.- 11. Provide copies of the monthly menu to the PSD Administrative Office two weeks prior to the beginning of the month, and provide sufficient copies of the menu for each family. 12. Implement a cooking experience once a month. The cooking experience shall be developmentally appropriate, where the child is an active participant, and benefits from a hands-on interaction with food. 13. Conduct a non-profit food service operation and use income accrued to its food service operations only for program purposes. 14. Maintain storage, preparation and service areas of food within proper sanitation and health standards in conformity with applicable state and local laws and regulations. 15. 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. 16. Ensure that chairs, tables and eating utensils will be suitable for the size and developmental level of the children. V DELEGATE AGENCY PROGRAM ADMINISTRATION RESPONSIBILITIES A. Self-Assessment — Delegate Agency agrees to conduct an annual program self-assessment which at a minimum will cover all items specified in 45 Code of Federal Regulations part 1304.51(1)(1), and provide training to the self- assessment team which must include parents and community members. The most current version of the Federal Review protocol, in conjunction with the Early Childhood Environment Rating Scale are the recommended assessment instruments. A written copy of the results of this assessment and any necessary corrective action will be submitted to the County within 30 calendar days of completion of the assessment. Delegate Agency will inform the County of the scheduled date and process to be used for the self-assessment no later than October 1St of the Contract year and include a representative from the County in the Self-Assessment process. B. Ongoing Monitoring — Delegate Agency shall conduct ongoing monitoring of their program to ensure that all applicable Head Start administrative and program Performance Standards are met. Delegate Agency will utilize the County's system of ongoing monitoring as defined in the County's Service Area Plans, Policies and Procedures, as adapted to fit the Delegate Agency's organizational structure. Delegate Agency will provide the County with a report of all non- compliance issues and corresponding corrective action plans within 45 days of the monitoring activity. C. Community Assessment — Delegate Agency will participate in the planning and design of the Community Assessment. Delegate Agency will provide on a timely basis such information as requested by the County and referenced in 45 Code of Federal Regulations part 1305.3(c) regarding the Delegate Agency's assigned service/recruitment area(s) as well as data on child outcomes and family characteristics. D. Transportation Monitoring — If the Delegate Agency is providing transportation, Delegate Agency shall monitor transportation vendors at least annually and provide a copy to the County within 10 business days. E. Delegate Agency agrees to use County automated record keeping and tracking system (currently GenesisEarth), and keep the information updated at all times. County may grant Delegate Agency specific permission to use another system upon written request by the Delegate Agency. If this request is granted, the County must have access at all times to real-time reports to all information regarding all delegated children and families. F. Community Care Licensing Reports — Delegate Agency agrees to immediately (within 24 hours) notify the County of any unusual incident reported to Community Care Licensing and submit a copy of the written report to the County within 3 business days. G. Training and Technical Assistance (T&TA)—As stated in 45 Code of Federal Regulations part 1304.52, subdivisions (k) (1), (2), (3), and (4), the County and Delegate Agency must provide training for all Head Start staff. T&TA shall be available to the Delegate Agency and shall be provided by the County to enhance program quality. Delegate Agency agrees to have appropriate staff attend any offered pre- service and in-service training provided by the County for items that are mandated by either the Head Start or CDE regulations. In addition, T&TA monies will be allocated to Delegate Agency for individualized training for staff as Delegate Agency deems necessary upon submission of an approved T&TA plan. Funds will be disbursed upon submittal of a request for payment only after the T&TA plan has been submitted. H. Pre-Employment Procedures—Before employing any staff member, the Delegate Agency shall: 1. Conduct an interview of such individual. 2. Verify the personal and employment references provided by such individual. 3. Obtain either of the following: (A) a state, tribal, or federal criminal record check covering all jurisdictions where the County provides Head Start services to children; (B) a state, tribal, or federal criminal record check as required by the law of the jurisdiction where the County provides Head Start services; or (C) a criminal record check as otherwise required by federal law. 4. Ensure a pre-employment physical is conducted which includes a tuberculosis test. 5. Obtain hiring approval from the Policy Committee I. Program Governance — Policy Committee — Delegate Agency shall establish a Policy Committee within 30 days of the beginning of the program year or within 30 days of the contract start date. The Policy Committee shall be elected by the parents of children who are currently enrolled in the Head Start program and be composed of a majority of parents of children who are currently enrolled in the Head Start program and members at large of the community served by Delegate Agency, who may include parents of children who were formerly enrolled in the Head Start program of the agency. Policy Committee meetings will be held at least quarterly. All parent members of Policy Committee must stand for election or re-election annually. J. Program Governance— Parent Committee—Every center and/or program option that is operated by the Delegate Agency must have a Parent Committee that must be comprised of parents of all children currently enrolled at the center level for center-based programs or at the equivalent level for other program options. Parent Committee meetings shall be held at least monthly during the program year. K. Program Governance— Governing Board — Each Delegate Agency, before commencing services, shall establish and implement a governance program that ensures successful and efficient operations of the Head Start program, effectively monitors the management of the agency, provides reliable financial reporting, and meets or exceeds all criteria set forth by the Code of Federal Regulations. (45 C.F.R. § 1304.50, subd. (g)(2), 45 C.F.R. §74.21(b)(3), 45 C.F.R. § 92.20(b)(3), and other applicable sections of +ho Wonri Ctart PPrfnrmnnrP Rtandards ) Thic inrhides involvinn nnrents in the decision-making process via the Policy Council and Parent Committees. The Governing Board shall have legal and fiscal responsibility for the Head Start agency. The Governing Board shall be composed as follows (unless exempted by Head Start regulations): 1. At least 1 member shall have a background and expertise in fiscal management or accounting. 2. At least 1 member shall have a background and expertise in early childhood education and development. 3. At least 1 member shall be a licensed attorney familiar with issues that come before the governing body. L. The Governing Board must ensure that appropriate internal controls are in effect to protect the assets of the Head Start program it operates. The following requirements are specifically identified as governing Ibody responsibilities and will be monitored by the County for compliance. The governing body shall: 1. Meet at least quarterly to review approval items, program operations and the Delegate Agency's financial status. 2. Maintain monthly governance reports with agendas, minutes and attachments (including copies of financial reports). These reports must be readily available for review by a representative of the County. 3. Resolve all prior and current independent audit and PSD/San Bernardino County Monitoring I Review findings with the development and implementation of appropriate corrective actions. 4. Ensure that the Delegate Agency employs, or obtains the services of, a qualified fiscal officer. In addition, Delegate Agency must endeavor to recruit one or more Governing Board members who possess sufficient financial background and expertise to provide appropriate oversight and review of financial reports of the Delegate Agency, as well as the Independent Audit. 5. Ensure that Delegate Agency is utilizing an appropriate cost allocation plan that is based on actual staffing patterns, program usage, or other appropriate methodology. 6. Ensure that all governing body policies and procedures are revised and updated as new laws and regulations are enacted or promulgated or due to changing economic conditions. 7. Ensure that all requests for advance approval or budget adjustments are submitted to the County and receive appropriate approvals by the County (and ACF, when necessary) prior to taking any programmatic or fiscal actions. VI. DELEGATE AGENCY GENERAL RESPONSIBILITIES A. In the performance of this Contract, Delegate Agency, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino. Delegate Agency certifies that neither it nor its principals is presently disbarred, suspended, I proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency as required by Executive Order 12549 and implemented as 45 Code of Federal Regulations part 76. B. Without the prior written consent of the Assistant County Administrator for Human Services, this Contract is not assignable by Delegate Agency either in whole or in part. C. Delegate Agency agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Delegate Agency. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Delegate Agency. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. D. If during the course of the administration of this Contract, the County determines that the Delegate Agency has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this I Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. E. All activities authorized by this Agreement shall be performed in accordance with the approved work program and the approved budget as set forth in the grant conditions and relevant DHHS directives or other directives as stipulated by the County. Failure to comply with any of the above may result in termination of this Agreement or other remedies available to the County of San Bernardino. F. Delegate Agency agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Assistant County Administrator for Human Services. Any subcontractor shall be subject to the same provisions as Delegate Agency. Delegate Agency shall be fully responsible for the performance of any subcontractor. G. Delegate--Agency shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the County of San Bernardino. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. Records, should include,-but are not limited to, monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Office of Management and Budget (OMB) Circulars that state the administrative requirements, cost principles and other standards for accountancy. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. H. Delegate Agency shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers. I. Delegate Agency shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Delegate Agency shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. - - - ---- J. Delegate Agency shall designate an individual to serve as the primary point of contact for the Contract. n..i..... 4- n. no %i chn0 .,-+;fig tho (.ni inty WHIMn tho nrimary rnntnrt will ha unavailable/out of the office for one (1) or more workdays. Delegate Agency or designee must respond to County inquiries within two (2) County business days. K. Delegate Agency shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and posted in clear view of all recipien'Ls. L. Delegate Agency shall notify the County of all upcoming meetings of the Board of Directors or other governing party and shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. All Board of Directors' minutes shall be submitted to the County with the monthly report submitted in the month following approval of the minutes. Further, a County representative shall have the option of attending Board meetings during the term of this Contract. M. If Delegate Agency is a nonprofit organization, proof of current nonprofit status must be submitted to the County concurrent with Delegate Agency's execution of this Agreement. Any change in such status shall be submitted by Delegate Agency to the County on or before the date the change is effective. N. Delegate Agency shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Delegate Agency shall not use or disclose any identifying information for any other purpose other than carrying out the Delegate Agency's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract. O. Delegate Agency shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. This_responsi ` hall include:_ 1. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code sections 11164, et seq. to report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. 2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency. 3. Provision for or arrangement of training in child abuse reporting laws for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity. (Pen. Code section 11164 et seq.) 4. Delegate Agency shall ensure that any written report of known or suspected instances of child abuse or neglect and/or any unusual incident reports submitted to Community Care Licensing are submitted within five business days of filing the report to: County of San Bernardino Preschool Services Department Attn: Licensing Analyst 662 South Tippecanoe Ave. San Bernardino, CA 92415-0630 P. Delegate Agency shall obtain from the Department of Justice (DOJ) records of all convictions nffcrcri cmnimimcnt or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3 prior to providing any services. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California is sufficient proof. The County must be immediately notified of any records showing a conviction. The County may instruct Delegate Agency to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services. Q. Delegate Agency shall notify the County of any staff member, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Delegate Agency shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code section 11105.3 and shall notify the County. In the County's discretion, the County may instruct Delegate Agency to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services. Delegate Agency shall immediately notify the County concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Delegate Agency. R. Delegate Agency shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds-for_-termination of the Contract.. This provision shall not be construed to prohibit employment of persons with whom Delegate Agency's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. S. Delegate Agency shall not engage in any inherently religious activities, such as worship or religious instruction, as part of or while carrying out the funded programs or services as required in 5 California Code of Regulations 18017. T. Delegate Agency will comply with the County's ongoing monitoring of the Delegate Agency in accordance with the PSD Monitoring Procedures. The County shall perform ongoing monitoring of the Delegate Agency as required in 45 Code of Federal Regulations parts 1304.51(1)(2) and 74.51. If ongoing monitoring results in a designation of "deficiency" of the Delegate Agency, the Delegate Agency may be subject to termination of this Contract, defunding, or any other remedy available to the County. U. Delegate Agency will submit their self-assessment report of findings and corrective action plans for non- compliance items to the County no later than 45 calendar days from the completion of the self- Assessment and with Governing Board and Policy Committee approvals. V. Delegate Agency may request technical assistance from the County to develop appropriate corrective plans for non-compliance items identified during the assessment process. W. Delegate Agency agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification — The Delegate Agency agrees to indemnify, defend (with counsel ___L_1.. _____.._a L.., tl-..-h A ­4 k-1a knrmIPCS tha ((minty and Its 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 person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Delegate Agency's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or"willful misconduct" within the meaning of Civil Code Section 2782. 2. Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. 3. Waiver of Subrogation Rights — The Delegate Agency shall require the carriers of required coverage's to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Delegate Agency and Delegate Agency's employees or agents from waiving the right of subrogation prior to a loss or claim. The Delegate Agency hereby waives all rights of subrogation against the County. 4. Policies Primary and Non-Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. 5. Severability of Interests — The Delegate Agency agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Delegate Agency and the County or between the County and any other insured or additional insured under the policy. 6. Proof of Coverage — The Delegate Agency shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as 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 Department, and Delegate Agency shall maintain such insurance from the time Delegate Agency commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Delegate Agency shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 7. Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A- VII". 8. Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in excess of$10,000 shall be declared to and approved by Risk Management. 9. Failure to- Procure Coverage — In the event that any policy of insurance required under this --- -.-. contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or _-.•--�-- :c a r..,...•... --A -nnv nrcmn imp nnili h1V thP_ rni inty will hP. promptly reimbursed by the Delegate Agency or County payments to the Delegate Agency will be reduced to pay for County purchased insurance. 10. Insurance Review - Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee 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 change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Delegate Agency agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. 11. The Delegate Agency agrees to provide insurance set forth in accordance with the requirements herein. If the Delegate Agency uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Delegate Agency agrees to amend, supplement or endorse the existing coverage to do so. The --- - ---type(s) of insurance required is determined by the scope of the contract services. Without in anyway affecting the indemnity herein provided and in addition thereto, the Delegate Agency shall secure and maintain throughout the contract term the following types of insurance with limits as shown: a. Workers' Compensation/Emplovers Liability - A program of Workers' 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 limits covering all persons including volunteers providing services on behalf of the Delegate Agency and all risks to such persons under this contract. If Delegate Agency has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management. With respect to Delegate Agencies that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. b. Commercial/General Liability Insurance - The Delegate Agency shall carry General Liability Insurance covering all operations performed by or on behalf of the Delegate Agency providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: 11 r,----'--- --A ..,.,hilo nni dnmanf 2) Products and completed operations. 3) Broad form property damage (including completed operations). 4) Explosion, collapse and underground hazards. 5) Personal injury 6) Contractual liability 7) $2,000,000 general aggregate limit. C. Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If the Delegate Agency is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If the Delegate Agency owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. d. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. e. Professional Liability — Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim or occurrence and two million ($2,000,000) aggregate limits or Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits or Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County. If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the start of the contract work. The claims made insurance shall be maintained or "tail" coverage provided for a minimum of five (5) years after contract completion. X. Delegate_Agency shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Delegate Agency shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. Y. Delegate Agency shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. Z. Use of Head Start or state funds to influence legislation or appropriations is prohibited. No part of any funds under this agreement shall be used to pay the salary or expenses of any contractor, or agent acting for the Delegate Agency or the Delegate Agency's Governing Board, staff or other representative to engage in any activity designed to influence legislation or appropriation pending before the Congress, or for the election of, or defeat of, any governmental official or candidate at any local, county, state or federal level. AA. Delegate Agency agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: 1. Equal Employment Opportunity Program: The Delegate Agency agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and all rules and regulations adopted pursuant thereto: Executive Orders 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250; Title VII of the Civil Rights Act of 1964; Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000), the California Fair Employment and Housing Act; and other applicable federal, state, and county laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. The Delegate Agency shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, gender, marital status, sexual orientation, age, political affiliation or disability. Information on the above rules and regulations may be obtained from the County Human Services Contracts Unit. 2. Civil Rights Compliance: The Delegate Agency shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with the County Human Services Contracts Unit within 30 days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, the County shall supply a sample of the Plan format. The Delegate Agency shall be monitored by the County for compliance with provisions of its Civil Rights Plan. BB. Delegate Agency agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). CC. Delegate Agency shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (California Code of Regulations title 20, section 1401 et seq.). DD. If the amount available to Delegate Agency under this Contract, as specified in Section VIII, Paragraph A, exceeds $100,000, Delegate Agency agrees to comply with the Clean Air Act (42 U.S.C. Section `�. 7606), section 508 of the Clean Water Act (33 U.S.C. section 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C.F.R. section 1.1 et seq.). EE. Delegate Agency shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled mafiArial r FF. Delegate Agency understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Delegate Agency's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. VII. COUNTY RESPONSIBILITIES The County shall: A. Supervise, evaluate, and provide guidance and direction to the Delegate Agency in the conduct of activities performed under this agreement. B. Compensate Delegate Agency per the provisions outlined in Section VIII of this contract. C. Monitor and evaluate contract performance, on an on-going basis, by scheduling periodic meetings with Delegate Agency to discuss performance, problem areas, procedures, and recommended changes. D. Provide a County Human Services staff member who will act as a liaison between the County and Delegate Agency. E. In accordance with the approved grants, the County will provide to the Delegate Agency such E supportive services and monitoring as agreed upon, to include the following: 1. Administration ----- - 2. Disability Services 3. Educational Program for Children 4. Eligibility Services 5. Health Services: Medical, Dental, Mental and Nutrition 6. Parent Involvement, Training & Technical Assistance and monitoring 7. Qualifications for Staff 8. Social Services 9. Training: Pre-service/In-service/Workshops VIII. FISCAL PROVISIONS (MANAGEMENT) A. The maximum amount of reimbursement under this Contract shall not exceed $294,860, of which $274,573 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Delegate Agency, as provided herein, shall be in full payment for all Delegate Agency's services and expenses incurred in the performance hereof, including travel and - per diem.— -- B. The Delegate Agency will contribute $68,643 to the program funds. Such contributions shall be in cash or in-kind in the amount of$68,643, per Attachment B. C. Delegate Agency must meet the standards for a sound financial management system as set forth in 45 Code of Federal Regulations parts 74.1 et seq., 92.1 et seq., 1301.10 through 1301.21, 1304.23(b)(1)(i), 1304.50(f) and (g)(2), 1304.52(d)(8), and1305.9, and other applicable federal and state regulations. D. Financial Reporting System — Accurate, current and complete disclosure of the results of the Head Start program shall be made in accordance with the provisions of this section. Financial reporting shall comply with commercial auditing standards for Head Start funded programs and shall be maintained in such a manner as will minimize audit exceptions. Delegate Agency shall produce monthly financial reports for the Governing Board and Policy Council Head Start activities. (45 C.F.R. part 1304.51, subds. (h)(1) and (2).) These reports shall be submitted to the Accounting Department of the County and as an attachment to the minutes of their respective meetings. E. In support of the financial management system, Delegate Agency shall have written accounting procedures, which follow federal and state Regulations and provide for consistent reporting of financial transactions. F. Delegate Agency is expected to use the funds for the purpose stated in the grant award. Guidance on allowable and non-allowable costs is outlined in 2 Code of Federal Regulations part 230.5, et seq. (formerly OMB Circular A-122). G. The County agrees to reimburse the Delegate Agency for authorized expenditures as detailed in the Budget (Attachment B). No later than the twentieth calendar day of each month following the month of service, Delegate Agency shall submit to the County a claim for payment for the reporting month in a format acceptable to the County and that is sufficient to support payment under the County's accounting procedures established or approved by the County's Controller. Within thirty (30) days, the County shall approve or disapprove payment of the claims. In no event will the Delegate Agency receive reimbursement exceeding the amount stated in Paragraph A of this Section, except if it has received prior written authorization from the County, which shall be incorporated into and attached to this agreement. H. Delegate Agency shall provide invoices for food services once a month to PSD Finance Department no later than the twentieth calendar day of each month for the previous month's activities. Invoices shall include and be based upon the actual number of meals delivered at the negotiated rate per meal. I. Delegate Agency 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 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 County annually; (4) disposal, loss or destruction of property shall be properly documented, with copies of such documentation furnished to the County 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 and State Preschool 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 source(s). J. Delegate Agency shall establish, implement, and maintain a property management system that meets the requirements of 45 Code of Federal Regulations part 74.30-37. Disposition or transfer of property purchased with Head Start funds shall be determined by the County when such equipment _1-� — I I_ _ , ni_..a ... ,....._ -.- .. kw Mhor forlorml rimnte nr activities not federally assisted that have purposes similar to Head Start. Such determination shall be in accordance with the provisions of 45 Code of Federal Regulations part -74.34 and must be approved by the County. K. Delegate Agency must take a physical inventory at least once every two (2) years. In addition to the asset listing, the inventory report must include: (1) the date of the physical inventory; and, (2) the name and signatures of employees who performed the inventory. This report shall be maintained by Delegate Agency and used to confirm Delegate Agency's physical asset listing. L. Delegate Agency 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 purposes. The records to be kept must include the following: 1. Daily attendance records 2. Daily meal count, by types of meals served for both children and adults. 3. Menu planning worksheet, including specific type and amount of food used. 4. Monthly inventory records to determine cost of food. 5. Program expenditures supported by invoices, receipts, or other proof of expenditures for food and labor. M. Compensation may be reduced or withheld in the event that Delegate Agency fails to comply with the provisions of this contract or does not perform in accordance with the terms of this Contract. N. Delegate Agency shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Delegate Agency's designated checking or other bank account. Delegate Agency shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments. O. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Delegate Agency shall not use current year funds to pay prior or future year obligations. P. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Delegate Agency shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Delegate Agency agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. Q. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. R. Delegate Agency is responsible for collecting child outcomes and Head Start Program Information Report (PIR) data. Delegate Agency must submit the Head Start PIR to the County at least ten (10) days prior to the submission of the national contractor. County will review all necessary PIR information for accuracy and will officially transmit the document to the national contractor. S. Upon written demonstration of need by Delegate Agency and at the option of County, funds may be advanced to Delegate Agency by County upon approval of the Assistant County Administrator for u'Imon co.,,,,-oc An" ci trh arivnnr.P will ray mP the amounts navahle to Deleaate Aoencv in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the Contract term. No advance will increase the amount shown in Paragraph A of this Section. T. The Delegate Agency shall request a budget amendment, in writing with Policy Council and Governing Board approval, in advance of expenditures: 1) when aggregate expenditures are expected to exceed an approved budgeted line item by more than ten (10%) percent; or 2) to add a new budget line item. No budget revision may result in an increase of the maximum dollar amount stated in Paragraph A, of this Section. The written request must specify the changes requested, by line item and amount, and must include justification. Prior to implementation of a budget revision, the County shall approve (or deny) the budget revision request. The County has the authority to approve line item budget changes to the budget herein, as long as these changes do not exceed the total contract amount. County shall notify the Delegate Agency in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Delegate Agency's written request. The County reserves the right to deny the Delegate Agency's invoice for expenditures in excess of the approved budgeted line item amount. IX. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Delegate Agency in the delivery of services provided under this Contract. The Delegate Agency shall permit planned and unplanned site visits by County, state and federal Head Start representatives. B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shallbaYe-absolute_right to monitor the performance of Delegate Agency in the delivery of services provided under this Contract. Full cooperation shall be given by Delegate Agency in any auditing or monitoring conducted. C. Delegate Agency shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by county, federal and state representatives for a period of three years after final payment under the Contract or until all pending county, state, and federal audits are completed, whichever is later. Records of the Delegate Agency which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Delegate Agency may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Delegate Agency shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Delegate Agency. F. Upon County request, Delegate Agency shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within 60 days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit. G. Pursuant to OMB Circular A-133, Delegate Agencies expending $500,000 or more in federal funds within the Delegate Agency's fiscal year must have a single audit or program-specific audit performed. A copy of the audit performed in accordance with OMB Circular A-133 shall be submitted to the County within thirty (30) days of completion, but no later than nine months following the end of the Delegate Agency's fiscal year. H. The following closely related programs identified by the Catalog of Federal Domestic Assistance (CFDA) number are to be considered as an "Other cluster" for purposes of determining major programs or whether a program specific audit may be elected. The Delegate Agency shall communicate this information to the independent auditor conducting the organization's single audit. US Department of Health and Human Services: 93.600 Head Start 10.558 Child and Adult Care Food Program X. CORRECTION OF PERFORMANCE DEFICIENCIES A. Failure by Delegate Agency to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. B. Delegate Agency must demonstrate compliance with the federal and state requirements such that no deficiency exists in its program. An area or areas of performance in which a Delegate Agency is not in compliance with state or federal requirements, including but not limited to, the Head Start Act or one or more of the regulations under title 45 Code of Federal Regulations parts 1301 through 1310 of the Performance Standards, describe non-compliance conditions that may result in a "deficiency designation" and include: 1. A threat to the health, safety or civil rights of children or staff, including a ]apse in supervision of any child; 2. A denial to parents of the exercise of their full roles and responsibilities related to program governance; 3. A failure to substantially perform the Head Start requirements related to Early Childhood Development and Health Services, Family and Community Partnerships, or Program Design and Management; or 4. The misuses of Head Start grant funds; 5. The loss of legal status or financial viability, as defined in 45 Code of Federal Regulations part 1302.1, et seq. of the Performance Standards, loss of permits, debarment from receiving federal grants or contracts or the improper use of federal funds; or 6. Any other violation of federal or state requirements including, but not limited to, the Head Start Act or one or more of the regulations under title 45 Code of Federal Regulations parts 1301.1 through 1310.23, and the CDE regulations of which the Delegate Agency has shown an unwillingness or inability to correct within the period specified by the County. C. In. the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: 1. Afford Delegate Agency thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or 2. Discontinue reimbursement to Delegate Agency for and during the period in which Delegate Agency is in breach, which reimbursement Delegate Agency shall not be entitled to later recovery; and/or 3. Withhold funds pending duration of the breach; and/or 4. Offset against any monies billed by Delegate Agency but yet unpaid by County those monies disallowed pursuant to Item"2"of this paragraph; and/or 5. Terminate this Contract immediately and be relieved of the payment of any consideration to Delegate Agency. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Delegate Agency under this Contract and the balance, if any, shall be paid by the Delegate Agency upon demand. D. Delegate Agency agrees that in the event of an administrative action for the violation of a licensing or operating regulation initiated by the state against a facility named in this Contract and operated by the Delegate Agency, the County will retain complete control over the defense of said administrative action. The term "administrative action" includes but is not limited to an action seeking the revocation of the facility's license, the institution of a probationary license or the enforcement of a compliance plan. Delegate Agency agrees to fully comply with all requests of the County for information concerning the incident(s) giving rise to the administrative action in a timely manner. Additionally, Delegate Agency acknowledges and agrees that the County retains sole authority to accept settlement terms offered by the state concerning the facility at issue. The County agrees to inform Delegate Agency of the progress of any administrative action and will notify Delegate Agency of the terms of any proposed settlement; however, the acceptance of a proposed settlement is not conditioned upon approval by Delegate Agency and is within the sole discretion of the County. Should the County determine that it does not desire to defend the administrative action, upon submission of a written waiver, Delegate Agency will have full power and authority to defend the administrative action on the facility's behalf. XI. TERM This Contract is effective as of August 15, 2008, and expires June 30, 2009, but may be terminated earlier in accordance with provisions of Section XII of the Contract. The Contract term may be extended for two additional one-year periods by written mutual agreement of the parties. XII. EARLY TERMINATION A. The County may terminate the Contract immediately under the provisions of Section X, Paragraph C, Item 5 of the Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Delegate Agency thirty (30) days in advance of termination. The Assistant County Administrator for Human Services is authorized to exercise the County's rights with respect to any termination of this Contract. B. Delegate Agency shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Delegate Agency shall not be reimbursed for costs incurred after the date of termination. X. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Delegate Agency: City of San Bernardino Parks, Recreation & Community Services Department 600 W. 5`h St. San Bernardino, CA 92410 County: County of San Bernardino Human Services Attn: Contracts Unit 150 S. Lena Road San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C. Delegate Agency shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. - — The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. Delegate Agency shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Delegate Agency. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. D. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Delegate Agency in the event debts and wages have not been paid on a current basis. E. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. F. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. G. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. H. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts. XIV. CONCLUSION A. This Contract, consisting of 28 pages and Attachments A and B, is the full and complete document describing services to be rendered by Delegate Agency to County including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Delegate Agency has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. APPROVED AS TO FORM: James F. Penman, City Attorney By: City of San Bernardino Parks, Recreation & COUNTY OF SAN BERNARDINO Community Services Department (Print or type name of corporation,company,contractor,etc.) ► By 11N- Paul Biane, Chairman, Board of Supervisors (Authorized signature-sign in blue ink) Dated Name Fred Wilson (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager CHAIRMAN OF THE BOARD (Print or Type) Dena M. Smith Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 600 W. 5th St. Deputy San Bernardino, CA 92410 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► Kristina Robb, Deputy County Counsel Lory Klopfer,HS Contracts Unit Ron Griffin,Director Date Date Date Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS Input Dat Keyed By .y L y 0 M r C T > Q1 O 0 � N a0 y a N a o V � a H Q Q "' Q M Q 1- Q W p o, a 3 T a a >. a� c -a T a o i 10 7 n 'O U 7 'O 7 �O U +' p U U p N O O U p U 7 — 7 to 'IT M N y N y Q � �n � U N U en =3 M N N r U 2 w Q Q On c Q Q an s d U' o O a> 0 'CCU > a s T N m M Q U. O N �_ O _ U to 7 r, U en � = e+f _ 2 ` 7 U d N N O t p U U p M N O U ° N 7 ° U LL U .+ N '�T y N U) U N W a — � N a m w r Q C Q Q Q Q On an r U E J L M Q � C Q G C t0 •L V Ci to N 2 a � ,� c s 0 ` C t O u o m v r. a, L .� �_ E a, 7 0 N y, > 7 7 L O �+ V N N d 'a LL O W p p C N Z �- 00 w L N > > .+'r GI 'p V_ Q O li W N N p 0 3 "a U.. 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N O a3 N r E C p Q a a) cu Z y p y c O d > O Co p O a C C r E � c +O+ w y m 7 a) C O U O 7 (9 C •C U Y a N « O to N O = , L E o `y O a? 3 N vi p co V o a c ,� m c ENS >, 0c C E o v v ate, o 2 ° a0i NLn a°i, -0 Z v o w n(n a, a, 3 w >, ar c c 0 a L o v vi a E a) m uu)) a) 0 d L H d 0) C C C rj a� V oc.0 > Z 6 Er o m E ; C (D W m X 0 w 'o a) (6 N C M 0 o Ec co L d u a l E Z ! > Y u) o 0 E °o o m 3 o v c vi a a ` C V Z y U c 0 a E o � `9 0 C a) O O 4 O 0 > O a) a) a) O CT 0 0 W N o O 4) C y N a+ w C < c C 0 U = O a°J O o E a) coi o C 0 � z° 7 � m _# fn C ATTACHMENT B - BUDGET SB City-Parks-DA FY 2008-09 Budget (Funded Slots: 60 Federal Part-Day Slots) Federal USDA Total Head Start Nutrition Budget GABI Description Funds Funds FY 2008-09 A. Personnel A01 Program Managers&Content Area Experts 26,721 - 26,721 A02 Teachers/Infant Toddler Teachers 93,211 - 93,211 A05 Teacher Aides&Other Education Personnel 38,461 - 38,461 A09 Other Child Services Personnel 22,493 - 22,493 A19 Maintenance Personnel 8,900 - 8,900 Total Personnel 189,786 - 189,786 B. Fringe Benefits B01 Social Security(FICA), State Disability,Unemployment 6,159 6,159 B02 Health/Dental/Life insurance 43,321 43,321 B03 Retirement 23,027 23,027 B04 Other Fringe 2,380 2,380 Total Fringe Benefits 74,887 74,887 E. Supplies E01 Office Supplies 1,400 - 1,400 E02 Child and Family Service Supplies 3,500 - 3,500 E03 Food Services Supplies 300 - 300 E04 Other Supplies 1,400 - '' 1,400 Total Supplies 6,600 - 6,600 F. Contractual F04 Child Transportation Services - F08 Other Contracts Total Supplies - - �W H. Other H04 Utilities,Telephone 900 - 900 H08 Local Travel 1,200 - 1,200 H13 Parent Services 1,200 1,200 Total Other 3,300 - 3,300 Sub Total 274,573 274,573 Food Program - 40,287 40,287 Grand Total Budget 274,573 40,287 314,860 Less Purchase Order Amount 17,441 2,559 20,000 rt Revised Contract Amount 257,132 37,728 294,860 In-Kind Match Required 68,643 - 15� 68,643 -- Page 1 of 1 HUMAN SERVICES COUNTY OF SAN BERNARDINO a.H eenruw Nd Linda Haugan Assistant County Administrator Reply to: Human Services Administration 150 S Lena Road San Bernardino,CA 92415-0515 June 26, 2008 Aaliyah Harkley City of San Bernardino 600 W. 5th St. San Bernardino, CA 92410 Subject: Contract to provide Delegate Agency Services Dear Ms. Harkley: Enclosed are three (3) copies of your contract to provide Delegate Agency Services. Please have Fred Wilson sign and date in blue ink page 28 (flagged) of all three copies of the contract and return them to me no later than noon on Thursday, July 24, 2008. Please don't hesitate to call me if you have any questions of if I can be any further assistance. Thank you for your prompt attention to this matter! Sincerely, Regina Dalton, Contract Analyst HS — Administrative Support Division Contracts Unit Ph: 909-388-0241 E-mail: rdalton(cD-hss.sbcounty.gov