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CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR
Subject:
AUTHORIZATION FOR
ADMINISTRATION OF A FEDERAL
GRANT IN THE AMOUNT OF
S 154,204 TO CONTINUE THE
HEADSTARTIPRESCHOOLPROGRAM
AT DELMANN HEIGHTS COMMUNITY
CENTER FOR THE PERIOD
SEPTEMBER 1,1996 THROUGH
AUGUST 31,1997.
Dept: PARKS, RECREATION & COMMUNITY SERVICES
Date: AUGUST 24,1996
ORIGINAL
Synopsis of Previous Council Action:
November 20, 1995 - Authorized Administration of the HeadstartlPreschool Program for 1995-96.
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Recommended Motion:
That the Director of Parks, Recreation and Community Services Department be authorized to administer a Federal
Grant in the amount of $ 154,204 to continue the HeadstartlPreschool Program at Delmann Heights Community
Center for the period September 1,1996 through August 31, 1997.
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Signature
Contact person:
ANNIE F. RAMOS
Phone:
5030
Supporting data attached: Staff Report & Grant Contract
Ward:
6
FUNDING REQUIREMENTS:
Amount:
$ 81,428 /In-kind Servicesl
Source: (Ace!. No,)
(Ace!. Description)
Finance:
Council Notes:
Agenda Item No.
10/7 }q ID
.
1'1
CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
AUTHORIZATION FOR ADMINISTRATION OF
A FEDERAL GRANT IN THE AMOUNT OF
$ 154,204 TO CONTINUE THE HEADSTART/
PRESCHOOL PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER FOR THE PERIOD
SEPTEMBER 1, 1996 THROUGH AUGUST 31, 1997.
The Headstart Preschool Program has been in operation at Delmann Heights Community Center
since 1978, The school began with one class of 15 children and has now grown to four classes
of 15 children each. These 60 children are now receiving education and training opportunities
that would not be available to them were it not for the Delmann Heights Program.
The funding requirements are the same in 1996-97 as they were in 1995-96. The City in-kind
services include thousands of hours of volunteer work by the parents of the children involved
as well as the hours of staff and facilities. This program provides benefits that far outweigh the
costs; therefore, it is recommended that this authorization to administer funding to continue the
program be approved.
9/24/96 amt
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CONTRACT NO. 6050-6
AGREEMENT
FOR DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR
CHILDREN AND FAMILIES
GRANT NO. 09CH-0416/32
This agreement entered into as of September 1, 1996,
including attached conditions and program guidelines, shall
govern all activities of the Preschool Services Department,
financed under D/HHS/ACF NO. 09CH-0416/32 (ACF) Administration
for Children and Families. Funding period for Grant No. 09CH-
0416/32 is September 1, 1996 through August 31, 1997,
Said activities will be carried out by the CITY OF SAN
BERNARDINO PARKS & RECREATION, hereinafter referred to as
"DELEGATE," on behalf of the Preschool Services Department and
the Board of Supervisors of San Bernardino County, hereinafter
referred to as "GRANTEE".
The GRANTEE and the DELEGATE agree as follows:
1, WORK TO BE PERFORMED. The DELEGATE shall, in a
satisfactory manner as determined by the GRANTEE, perform all
activities for the Head Start/State Preschool Program account as
approved in the ACF grant to the GRANTEE, for four (4) classes of
15 children for a period of one hundred seventy (170) days,
2 . COMPLIANCE WITH THE PROGRAM AS APPROVED. The DELEGATE
shall conduct the program to comply with funding sources'
guidelines and requirements, approved budget attached, all
GRANTEE requirements and directives and any special conditions
that may from time to time be requested, Specifically, the
DELEGATES shall comply with 1-30-2, the Parents, as set forth in
the Federal Register, Part II, dated Friday, January 31, 1975, as
pertains to parents in decision-making, In such instances where
Policy Committees and Policy Council must approve before final.
action can be taken, the DELEGATE shall adhere to amendment to 1-
30-70,2, the Parents, dated October 8, 1980,
3. REPORTS, RECORDS & EVALUATIONS. The GRANTEE shall
supervise, evaluate and provide guidance and direction under this
agreement to the DELEGATE in the conduct of activities delegated
under this agreement, The DELEGATE agrees to submit to the
GRANTEE, such reports as may be required by ACF directives or by
the GRANTEE according to, but not limited to the following
schedule:
Page 2 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-6
a, Finance Reports - Due lOth day of each month,
b, Attendance Reports - Due 5th day of each month,
c, In-kind and Local Contributions - Due lOth day of
each month,
d, Property Inventory - Due January 15, annually.
e, Final Reports, - September 15, annually,
f, Revision to Final Financial Report - for State,
due August 15, for ACF, October 1, annually.
g, Audit Report - requested,
h, Participant's Records (those records without
parental consent to be held for school
information) - Due in GRANTEE Office 10 days
following close of classes.
i. Personnel Policies and Grievances procedure for
all program employees - Due January 15, annually.
j. Policy Committee By-Laws - Due January 15,
annually.
k. Affirmative Action Policy - Due January 15,
annually.
1, All program and fiscal records must be retained
for five (5) years,
m. Copy of appropriate insurance policy, January 15,
annually,
The DELEGATE agrees to prepare and retain, and permit the
GRANTEE to inspect as it deems necessary for grant purposes in
addition to inspections authorized by the conditions in the
grants from ACF the following records:
Head Start/State Preschool Financial and Statistical, as
well as other records that may be required by relevant ACF and
client information. The DELEGATE further agrees that the GRANTEE
may carry out monitoring and evaluation activities in the program
and will effectively ensure the cooperation of the DELEGATE'S
employees and board members in such efforts.
4, CHANGES. The GRANTEE may, from time to time, request
changes in the scope of the services of the DELEGATE to be
performed hereunder, Such changes, including any increase or
decrease in the amount of the DELEGATE'S allocation which are
mutually agreed upon by and between the GRANTEE and the DELEGATE,
must be incorporated in written amendments to this agreement,
5, COMPLIANCE WITH THE LAW. The DELEGATE shall comply with
all applicable laws, ordinances and codes of the Federal
Government and, when there is no conflict with Federal, local
laws.
6, CALENDAR YEAR, The program year will be standardized to
cover (170) days with an approximated beginning date of September
10, 1996 and ending date of June 4, 1997.
Page 3 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-6
7. FINANCIAL STATEMENT AND OTHER REPORTS, All reports must
be submitted at the scheduled time, Failure to comply may result
in the withholding of funds. The audit report must contain a
statement that the auditor has examined the disposition of all
funds advanced under this agreement. Failure to provide the
report within the scheduled time will necessitate the GRANTEE
performing an audit of DELEGATE records, cost to be borne by the
DELEGATE,
8. INDEMNIFICATION AND INSURANCE - The DELEGATE agrees to
indemnify, defend and hold harmless ACF, the GRANTEE, the County
and their authorized agents, Officers, volunteers and employees
against any and all claims or actions arising from DELEGATE'S
acts, errors or omissions and for any costs or expense incurred
by the ACF, the GRANTEE, the County on account of any claim
therefore,
INSURANCE - In order to accomplish the indemnification herein
provided for, but without limiting the indemnification, the
DELEGATE shall secure and maintain throughout the term of the
contract the following types of insurance with limits as shown:
Worker's Comoensation - A program of Worker's Compensation
insurance or a state-approved Self-insurance Program in an
amount and form to meet all applicable requirements of the
Labor Code of the State of California, including Employer's
Liability with $250,000.00 limits, covering all persons
providing services on behalf of the DELEGATE and all risks
to such persons under this Agreement,
Comorehensive General and Automobile Liabilitv insurance -
This coverage to include contractual coverage, products
liability and automobile liability coverage for owned, hired
and non-owned vehicles, The policy shall have combined
single limits for bodily injury and property damage of not
less than one million dollars ($1,000,000.00).
ADDITIONAL NAMED INSURED - All policies, except for the Worker's
Compensation coverage, shall contain additional endorsements
naming the GRANTEE and the County and their employees, agents,
volunteers and officers as additional named insured with respect
to liabilities arising out of the performance of services
hereunder,
WAIVER OF SUBROGATION RIGHTS - DELEGATE shall require the
carriers or self insurance administrators of the above required
coverages to waive all rights of subrogation against ACF, the
GRANTEE, and the County and their officers, volunteers,
employees, contractors and subcontractors except for the
negligent acts of the County of San Bernardino.
Page 4 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-6
POLICIES PRIMARY AND NON-CONTRIBUTORY - All policies required
above are to be primary and non-contributory with any insurance
or self-insurance programs carried or administered by the County.
PROOF OF COVERAGE - DELEGATE shall immediately furnish
certificates of insurance to the GRANTEE evidencing the required
insurance coverage prior to the commencement of performance of
services hereunder, which certificates shall provide that such
insurance shall not be terminated or expire without thirty (30)
days written notice to the GRANTEE, and shall maintain such
insurance from the time DELEGATE commences performances of
services hereunder until the completion of such services, Within
sixty (60) days of the commencement of this Agreement, the
DELEGATE shall furnish certified copies of the policies and
endorsements.
INSURANCE REVIEW - The above insurance requirements are subject
to periodic review by the County. The County's Risk Manager is
authorized, but not required, to reduce or waive any of the above
insurance requirements whenever the Risk Manager determines that
any of the above insurance is not available, is unreasonably
priced, or is not needed to protect the interests of the County,
In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or
coverage limits become reasonably priced or available, the Risk
Manager is authorized, but not required, to change the above
insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change
is reasonable in light of past claims against the County,
inflation, or any other item reasonably related to the County's
risk,
Any such reduction or waiver for the entire term of the Agreement
and any changes requiring additional types of insurance coverage
or higher coverage limits must be made by amendment to this
Agreement, DELEGATE agrees to execute any such amendment within
thirty (30) days of receipt,
The County agrees to indemnify and hold harmless the DELEGATE and
their authorized agents, officers, volunteers and employees
against any and all claims or actions arising from County's
negligent acts or omissions on account of any claim therefore,
9, COVENANT AGAINST CONTINGENT FEES. The DELEGATE warrants
that no person or selling agency or other organization has been
employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage brokerage
or contingent fee. For breach or violation of this warrant, the
GRANTEE shall have the right to nullify this agreement with
liability or, in its discretion, to deduct from the agreement or
otherwise recover the full amount of such commission, percentage
brokerage, or contingent fee, or seek such other remedies as
legally may be available,
Page 5 Delegation Agreement -- Cont'd,
CONTRACT NO. 6050-6
10, SCHEDULE PAYMENT, The GRANTEE agrees to reimburse
the DELEGATE for authorized expenditures. The DELEGATE will
submit to the GRANTEE statements that are sufficient to support
payment under the GRANTEE'S accounting procedures established or
approved by the GRANTEE'S Controller. Within thirty (30) days,
the GRANTEE will approve or disapprove payment of the statements.
In no event, however, will the DELEGATE receive reimbursement
cost exceeding $154,204.00, except as it has received prior
written authorization from GRANTEE, which shall be incorporated
into and attached to this agreement.
11, TERMINATION, The GRANTEE, may, by giving reasonable
written notice specifying the effective date, terminate this
agreement in whole or in part for cause which includes: (1)
failure, for any reason, of the DELEGATE to fulfill in a timely
and proper manner, its obligations under this agreement,
including compliance with the approved program and attached
conditions, and such statutes, Executive Orders, and ACF
directives as may become generally applicable at any time; (2)
submission by the DELEGATE to ACF or the GRANTEE of reports that
are incorrect or incomplete in any material respect; (3)
ineffective or improper use of funds provided under this
agreement; and (4) suspension or termination by ACF the grant to
the GRANTEE under which this agreement is made, or the portion
thereof delegated by this agreement, The GRANTEE may also assign
and transfer this agreement when required by ACF direction. If
the DELEGATE is unable or unwilling to comply with such
additional conditions as may be lawfully applied by ACF to the
grants to the GRANTEE, the DELEGATE shall terminate the agreement
by giving a sixty (60) day written notice to the GRANTEE,
signifying the effective date thereof, In such event the GRANTEE
may require the DELEGATE to ensure that adequate arrangements
have been made for the transfer of the delegated activities to
another DELEGATE or to the GRANTEE, In the event of any
termination, all property and finished or unfinished documents,
data, studies, and reports purchased or prepared by the DELEGATE
under this agreement, shall be disposed of according to ACF
directives, and the DELEGATE shall be entitled to compensation
for any un-reimbursed expenses reasonably and necessarily
incurred in satisfactory performance of the agreement,
Notwithstanding the above, the DELEGATE shall not be relieved of
liability to the GRANTEE for damages sustained by the GRANTEE by
virtue of any breach of the agreement by the DELEGATE and the
GRANTEE may withhold any reimbursement to the DELEGATE for the
purpose of set-off until such time as the exact amount of damages
due to GRANTEE from the DELEGATE is agreed upon or otherwise
determined.
Notwithstanding the foregoing termination for cause
provision, upon sixty (60) days written notice, delivered in
person or by registered or certified mail, either the GRANTEE or
the DELEGATE may terminate this agreement without cause,
Page 6 Delegation Agreement -- Cont'd,
CONTRACT NO. 6050-6
12. NON-FEDERAL SHARE. The DELEGATE will contribute
$81,428.00 to the program funds. Such contribution shall be in
cash in the amount of $-0-, and in-kind in the amount of
$81,428.00, per attached Budget,
13, In accordance with the app~oved grants, GRANTEE will
provide DELEGATE Agency with such supportive monitoring services
as agreed upon, to include the following:
a, Health Services: Medical, Dental, Mental and Nutrition
b. Social Services
c. Eligibility Services
d, Training: Pre-service/In-service/Workshops
e. Parent Involvement, T/TA and Monitoring
f. Disability Services
g, Administration
h, Educational Program for Children
i, Qualifications for Staff.
14. ACCOUNTING FOR PROPERTY. DELEGATE will maintain record
control over all non-expendable property purchased, including all
office machinery and office furniture, regardless of value,
Record control means: (1) Written records furnishing at least
item description, serial and/or model number, acquisition cost
and document number and date; (2) all pieces of property shall
be tagged for purpose of identification; (3) an inventory of
property shall be submitted to the GRANTEE annually; (4)
disposal, loss or destruction of property shall be properly
documented, with copies of such documentation furnished the
GRANTEE within thirty (30) days following the occurrence causing
the same. Non-expendable property is any article having a
service life in excess of one (1) year and which cannot be
correctly described as either materials or supplies. Title to
this property, whether purchased or donated as non-Federal share
contribution, shall be determined in accordance with ACF
guidelines, Any purchase in excess of five thousand dollars
($5,000) not approved in the original budget must be approved in
writing by the funding sources,
15. PUBLICATION AND PUBLICITY. The DELEGATE may publish
results of its function and participation in the approved program
without prior review by the GRANTEE, providing that such
publication acknowledges that the program is supported by funds
awarded by ACF, and that five (5) copies of each publication be
furnished to ACF, plus copies to the GRANTEE as the GRANTEE may
reasonably require,
16, COPYRIGHTS. If this agreement results in a book or
other copyrightable material, the author is free to copyright the
work, but the Administration for Children and Families reserves a
royalty-free non-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, all
Page 7 Delegation Agreement -- Cont'd,
CONTRACT NO. 6050-6
copyrighted material and all material which can be copyright
resulting from this agreement,
17, PATENTS, Any discovery or invention arising out of or
developed in the course of work aided by this agreement shall be
promptly and fully reported to the GRANTEE and to the Director of
ACF for determination as to whether patent protection on such
invention or discovery shall be sought and how the rights in the
invention or discovery, including rights under any patent issued
thereon, shall be disposed of and administered in order to
protect public interest.
18, DISCRIMINATION IN EMPLOYMENT PROHIBITED. The DELEGATE
shall not discriminate against any employee in the performance of
this agreement or against any applicant for employment because of
race, creed, color, sex, medical condition, physical handicap,
marital status, age or national origin. The DELEGATE will take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to
their race, creed, sex, medical condition, physical handicap,
marital status, or national origin. This recruitment shall apply
to, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship,
19, DISCRIMINATION PROHIBITED. No person in the United
States shall, on the grounds of race, creed, color, sex, age,
medical condition, physical handicap, marital status, or national
origin, be excluded from participation in, be denied the proceeds
of, or be subject of discrimination in the performance of this
agreement, Program regulations promulgated in Chapter 13 of
Title 45 of the Code of Federal Reoulations, Part 80, Non-
Discrimination under programs receiving Federal assistance
through the Department of Health and Human Services, and Welfare
effectuation of Title VI of the Civil Rights Act of 1964; Part
81, Practice and Procedures for Hearing under Part 84,
Nondiscrimination on the basis of handicap in programs.
20. POLITICAL ACTIVITY PROHIBITED, None of the funds,
materials, property or services contributed by the GRANTEE or the
DELEGATE under this agreement shall be used in the performance of
this agreement for any partisan political activity, or to further
the election or defeat of any candidate for public office.
21. RELIGIOUS ACTIVITY PROHIBITED, There shall be no
religious worship, instruction or proselytizing as part of or in
connection with performance of this agreement,
Page 8 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-6
IN WITNESS WHEREOF, the GRANTEE and the DELEGATE have executed
this agreement of the date first above written,
CITY OF SAN BERNARDINO
PARKS & RECREATION
,PRESCHOOL SERVICES DEPARTMENT
OF SAN BERNARDINO COUNTY
BY:
BY:
MARSHA TUROCI
TITLE:
TITLE: Chairman. Board of SU1>ervisors
DATE:
DATE:
(6050-6,DAC)
Page 9 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-6
NONDISCRIMINATION CLAUSE (OCP-1)
1, During the performance of this contract, contractor and its
subcontractor shall not unlawfully discriminate, harass or
allow harassment, against any employee or applicant for
employment because of sex, race, color, ancestry, religious
creed, national origin, disability (including HIV and AIDS),
medical condition (cancer), age, marital status, and denial of
family and medical care leave and denial of pregnancy
disability leave, Contractors and subcontractors shall insure
that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and
harassment. Contractor and subcontractor shall comply with the
provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq,) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title
2, Section 7285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government
Code, Section 12990 (a-f), set forth in Chapter 5 of Division
4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part
hereof as if set forth in full, Contractor and its
subcontractor shall give written notice of their obligations
under this clause to labor organizations with which they have
a collective bargaining or other agreement,
2,
This contractor shall include the
compliance provisions of this clause
perform work under the contract,
nondiscrimination and
in all subcontracts to
STD.17A(REV. (3-95)
PRESCHOOL SERVICES DEPARTMENT
1996-97
SAN BDNO, PARKS & RECREATION
A, PERSONNEL
GRAND
TOTAL
TEACHER DIRECTOR
TEACHER
2 TEACHERS
4 TEACHER AIDE
CLERK
$19.859
$17,165
$32,685
$26,733
$10,693
TOTAL
$107,135
B, FRINGE BENEFITS
RETIREMENT .1285%
MEDICARE .0145%
HEALTH INSURANCE
WORKERS COMP,
SUI
$10,332
$1,553
$25,758
$3,750
$268
TOTAL
$41,661
E, SUPPLIES
CLASSROOM $1,503
OFFICE $623
POSTAGE $71
EQUIPMENT $500
TOTAL $2,697
F, CONTRACTUAL
FIELD TRIP $902
TOTAL $902
'-
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SAN BONO. PARKS & REC 96-7
H, OTIlER
PARENT ACfIVITY
EQUIP. MAINT/REPAIR
FOOD
TELEPHONE
ADMISSIONS
TOTAL
GRAND TOTAL
NON FEDERAL SHARE
ADMINISTRATION
VOLUNTEERS
SPACE COSTS
TOTAL
50-96-7
GRAND
TOTAL
$200
$389
$400
$620
$200
$1,809
$154,204
$16,798
$4,590
$60,040
S81,428