HomeMy WebLinkAbout16-Parks and Recreation
CITY, OF SAN BERN~DINO - REQUEST IQR COUNCIL ACTION
From: Annie F. Ramos, Director
Subject: RESOLUTION AUTHORIZING THE EXECUTION OF
TWO AGREEMENTS BETWEEN THE HEADSTART STATE
PRESCHOOL DEPARTMENT OF THE COUNTY OF SAN
BERNARDINO AND THE CITY RELATING TO THE
HEADSTART PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER.
Dept: Parks, Recreat ion & Communi ty Servi ces
Date: October 7, 1992
Synopsis of Previous Council action:
February 17, 1992 - Resolution No. 92-52 adopted authorizing agreements between
County Headstart and City relating to the Headstart Program
at Delmann Heights for 1991-1992 school year.
Recommended motion:
Form Motion: Adopt the Resolution.
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Si nature
Contact person:
John A. Kramer
Phone:
5031
Supporting data attached: Staff Report, Reso 1 ut i on & Agree- Ward: 6
ments.
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No
It:,
CITY' OF SAN BERNC;RDINO - REQUEST tOR COUNCIL ACTION
STAFF REPORT
RESOLUTXON AUTHORXZXNG THE EXECUTXON
01' TWO AGREEMENTS BETWEEN THE
HEADSTART STATE PRESCHOOL DEPARTMENT
01' THE COUNTY OF SAN BERNARDXNO
AND THE CXTY RELATXNG TO THE
HEADSTART PROGRAM AT DELMAHN HEXGHTS
COMMUNXTY CENTER.
The city, through the Parks, Recreation and Community
services Department, has operated a Headstart Program at
Delmann Heights Community Center since 1978. These agreements
are essentially the same as those approved in 1991-92.
Approval is recommended.
county/city-headstart-u
10/7/92
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE
HEADS TART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR
4 SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE
5 HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER.
6
SECTION 1.
The Director of Parks, Recreation and Community
7 Services Department of the city of San Bernardino is hereby
8 authorized and directed to execute for and on behalf of said City
9 two agreements with the Headstart/State Preschool Department of
10
Human Resources Agency for San Bernardino County relating to the
11 Headstart Program at the Delmann Heights Community Center, copies
12
of which agreements are attached hereto as Exhibits "A" and "B" and
13 are incorporated herein by reference as though fully set forth at
14 length.
15
16
17
18
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
19
20
21
22
23
24
25
I HEREBY CERTIFY that the foregoing resolution was duly
the Mayor and Common Council of the city of San
ernardino at a
meeting thereof, held on the
, 1992, by the following vote, to
day of
26 10/7/92
27
28
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1 RESOLUTION RE: AUTHORIZING AND DIRECTING THE EXECUTION OF TWO
AGREEMENTS BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
2 BERNARDINO RELATING TO THE HEADS TART PROGRAM AT DELMANN HEIGHTS
COMMUNITY CENTER.
3 COUNCIL MEMBERS:
4 ESTRADA
AYES
NAYS
ABSTAIN
AIEENI'
5 REILLY
6
7
8
9
10
11
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
12
13
14
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
15 day of
, 1992.
16
17
18
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
19 and legal content:
20
JAMES F. PENMAN
21 City Attorney
22 B~Ct?.o, ./
23
24
25
26
27
28
10/7/92
county&city-u
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CONTRACT NO. 6050-2
AGREEMENT
FOR DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR
CHILDREN AND FAMILIES
GRANT NO. 09CH-04l6/28
This agreement entered into as of September I, 1992,
including attached conditions and program guidelines, shall
govern all activities of the Preschool Services Department;
financed under D/HHS/ACF NO. 09CH-04l6/28 (ACF) Administration
for Children and Families. Funding period for Grant No. 09CH-
0416/28 is September 1, 1992, through August 31, 1993.
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 two (2) classes of
15 children for a periOd 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
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Page 2 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
the GRANTEE according to, but not limited to the following
schedule:
a. Finance Reports - Due 10th day of each month.
b. Attendance Reports - Due 5th day of each month.
c. Local Contributions - Due 10th day of each month.
d. Property Inventory - Due January 15, annually.
e. Final Reports, - September 15, annually.
f. Revision to Final Financial Report - for State,
due August 15, for ACF, October 1, annually.
g. Audit Report - requested.
h. Participant's Records (those records without
parental consent to be held for school
information) - Due in GRANTEE Office 10 days
following close of classes.
i. Personnel Policies and Grievances procedure for
all program employees - Due January 15, annually.
j. Policy Committee By-Laws - Due January 15,
annually.
k. Affirmative Action Policy - Due January 15,
annually.
I. All program and fiscal records must be retained
for five (5) years.
m. Copy of appropriate insurance policy, January 15,
annually.
The DELEGATE agrees to prepare and retain, and permit the
GRANTEE to inspect as it deems necessary for grant purposes in
addition to inspections authorized by the conditions in the
grants form 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.
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Page 3 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
6. CALENDAR YEAR. The program year will be standardized to
cover (170) days with an approximated beginning date of September
8, 1992, and ending date of June 4, 1993;
7. FINANCIAL STATEMENT AND OTHER REPORTS, All reports must
be submitted on the scheduled time. Failure to comply may result
in the withholding of funds. The audit report must contain a
statement that the auditor has examined the disposition of all
funds advanced under this agreement. 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 Liability insurance _
This coverage to include contractual coverage, products
liability and automobile liability coverage for owned, hired
and non-owned vehicles. The policy shall have combined
single limits for bodily injury and property damage of not
less than one million dollars ($1,000,000.00).
ADDITIONAL NAMED INSURED - All policies, except for the Worker's
Compensation coverage, shall contain additional endorsements
naming the GRANTEE and the County and their employees, agents,
volunteers and officers as additional named insured with respect
to liabilities arising out of the performance of services
hereunder.
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Page 4 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
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, employee,
contractors and subcontractors except for the negligent acts of
the County of San Bernardino.
POLICIES PRIMARY AND NON-CONTRIBUTORY - All policies required
above are to be primary and non-contributory with any insurance
or self-insurance programs carried or administered by the County.
PROOF OF COVERAGE - DELEGATE shall immediately furnish
certificates of insurance to the GRANTEE evidencing the insurance
coverage above 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 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.
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Page 5 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
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 agreeQent or understanding for a commission, percentage
brokerage or contingent fee. For breach or violation of this
warrant, the Department shall have the right to annul this
agreement with liability or, in its discretion, to deduct from
the agreement or otherwise recover the full amount of such
commission, percentage brokerage, or contingent fee, or seek such
other remedies as legally may be available.
10. SCHEDULE PAYMENT. The GRANTEE agrees to reimburse
the DELEGATE for authorized expenditures. The DELEGATE will
submit to the GRANTEE, statements that are sufficient to support
payment under the GRANTEE'S accounting procedures established or
approved by the GRANTEE'S Finance Officer. Within thirty (30)
days the GRANTEE will approved or disapproved payment of the
statements. In no event, however, will the DELEGATE receive
reimbursement cost exceeding $61,450.00,' except as it has
received prior written authorization from GRANTEE, which shall be
incorporated into and attached to this agreement.
11. TERMINATION. The GRANTEE, may, by giving reasonable
written notice specifying the effective date, terminate this
agreement in whole or in part for cause -which includes: (1)
Failure, for any reason, of the DELEGATE to fulfill in a timely
and proper manner, its obligations under this agreement,
including compliance with the approved program and attached
conditions, and such statutes, Executive Orders, and ACF
directives as may become generally applicable at any time; (2)
submission by the DELEGATE to ACF or the GRANTEE of reports that
are incorrect or incomplete in any material respect; (3)
ineffective or improper use of funds provided under this
agreement; and (4) suspension or termination by ACF the grant to
the GRANTEE under which this agreement is made, or the portion
thereof delegated by this agreement. The GRANTEE may also assign
and transfer this agreement when required by ACF direction. If
the DELEGATE is unable or unwilling to comply with such
additional conditions as may be lawfully applied by ACF to the
grants to the GRANTEE, the DELEGATE shall terminate the agreement
by giving a ninety (90) day written notice to the GRANTEE,
signifying the effective date thereof. In such event the GRANTEE
may require the DELEGATE to ensure that adequate arrangements
have been made for the transfer of the delegated activities to
another DELEGATE or to the GRANTEE. In the event of any
termination all property and finished or unfinished documents,
data, studies, and reports purchased or prepared by the DELEGATE
under this agreement, shall be disposed of according to ACF
directives, and the DELEGATE shall be entitled to compensation
for any un-reimbursed expenses reasonably and necessarily
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Page 6 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
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.
12. NON-FEDERAL SHARE. The DELEGATE will contribute
$63,696 to the program funds. Such contribution shall be in cash
in the amount of $-0-, and in-kind in the amount of $63,696,' per
attached Budget.
13. In accordance with the approved grants, GRANTEE will
provide DELEGATE Agency with such supportive monitoring services
as agreed upon to include the following:
a. Health Services: Medical, Dental, Mental and Nutrition
b. Social Services: Social Services Specialist and Family
Services Workers
c. Training: Pre-service/ln-service/Workshops
d. Parent Involvement, T/TA and Monitoring
e. Handicapped Services
f. Administration
g. Educational Program for Children
h. 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
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Page 7 Delegation Agreement -- Cont'd.
CONTRACT NO. 6050-2
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 required.
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 no-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, all
copyrighted material and all material which can be copyright
resulting from this agreement.
17, PATENTS. Any discovery or invention arising out of or
developed in the course of work aided by this agreement shall be
promptly and fully reported to the GRANTEE and to the Director of
ACF for determination as to whether patent protection on such
invention or discovery shall be sought and how the rights in the
invention or discovery, including rights under any patent issued
thereon, shall be disposed of and administered in order to
protect public interest.
18. DISCRIMINATION IN EMPLOYMENT PROHIBITED. The DELEGATE
shall not discriminate against any employee in the performance of
this agreement or against any applicant for employment because of
race, creed, color, sex, medical condition, physical handicap,
marital status, age or national origin. The DELEGATE will take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment. without regard to
their race. creed, sex. medical condition. physical handicap.
martial status. or national origin. This recruitment shall apply
to, but not 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, martial status, or national
origin. be excluded from participation in, be denied the proceeds
of, or be subject of discrimination in the performance of this
agreement. Program regulations promulgated in Chapter 13 of
Title 45 of the Code of Federal Regulations, Part 80, Non-
Discrimination under program s 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
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Page 8 Delegation Agreement -_ Cont'd.
CONTRACT NO. 6050-2
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.
IN WITNESS WHEREOF, the Department and the DELEGATE have
executed this agreement of the date first above written.
CITY OF SAN BERNRDINO PARKS &
RECREAT~
PRESCHOOL SERVICES DEPARTMENT
OF SAN BERNARDINO COUNTY
BY:
BY:
TITLE:
TITLE:
DATE:
DATE:
6050-2.ADC
8-2S-92
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PRESCHOOL SERVICES DEPARTMENT OF
SAN BERNARDINO COUNTY
686 EAST MILL STREET - ROOM 2077
SAN BERNARDINO, CALIFORNIA 92408-1610
CONTRACT NUMBER
NAME OF AGENCY
ADDRESS
7050-2
SAN BERNARDINO CITY P~RKS & RECREATION
2969 FLORES STREET
SAN BERNARDINO. CALIFORNIA 92405
3..0.
~
NUMBER OF CHILDREN
NUMBER OF SITES
In order to serve meals to the Head Start/State Preschool
enrollees in San Bernardino County, the PRESCHOOL SERVICES
DEPARTMENT (hereinafter referred to as the "SPONSORING AGENCY")
AND DELEGATE AGENCY whose name and address appear above
(hereinafter referred to as the "SERVICE INSTITUTION"), acting on
behalf of the number of site listed above, agree as follows:
THE SPONSORING AGENCY AGREES THAT: To the extent of
reimbursement received from State Department of Education, Food
and Nutrition Services, it shall make payment to the SERVICE
INSTITUTION. These payments shall be in accordance with
pertinent reports received from the SERVICE INSTITUTION as
required by the SPONSORING AGENCY. Payments will be based on the
SERVICES INSTITUTION'S report of total meals served times
reimbursement rates; or total cos.t of food; whichever is less and
not to exceed $12,394.00.
THE SERVICES INSTITUTION REPRESENTS AND WARRANTS THAT: It is a
non-profit agency that is exempt, or moving towards being exempt,
from income tax under the Internal Revenue Code, as amended and
is the agency with delegated authority for the operation of food
services for the site(s) listed above, and in order to qualify
for reimbursement under this agreement, agrees it will:
1. Conduct a non-profit food service operation and use
income accruing to its food service operations only for
program purposes.
2. Serve meals which meet the minimum requirements as
prescribed in meal patterns for children in child care
programs of this agreement during a period designated
as the attendance period by the SERVICE INSTITUTION.
3. Maintain, in storage, preparation, and service of food,
proper sanitation and health standards in conformance
with applicable State and local laws and regulations;
maintain necessary facilities for sorting, preparing
and serving food.
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Page 3 Food Services Agreement -- Cont'd.
Contract No. 7050-2
as long as required for resolution of the issues raised
by the audit,
14. Provide adequate supervisory and operational personnel
for overall monitoring and management of each food
service operation under its jurisdiction and promptly
take such actions as are necessary to correct
deficiencies.
15. Paper or styrofoam tumblers are unacceptable.
16. The SERVICE INSTITUTION hereby certifies that it now
complies with, and shall for the entire term of this
contract comply with all requirements imposed by or
pursuant to SPONSORING AGENCY, as now or hereafter
amended (7 CFR Part 15), to the end no person in the
United States shall, on the grounds of race, color, or
national origin be excluded by discrimination under
this program operated by the SERVICE INSTITUTION.
17. INDEMNIFICATION AND INSURANCE - The SERVICE INSTITUTION
agrees to indemnify, defend and hold harmless the
SPONSORING AGENCY, the County and their authorized
agents, officers, volunteers and employees against any
and all claims or actions arising from SERVICE
INSTITUTION acts, errors or omissions and for any costs
or expense incurred by the SPONSORING AGENCY, the
County, on account of any claim therefore.
INSURANCE - In order to accomplish the indemnification
herein provided for, but without limi ting the
indemnification, the SERVICE INSTITUTION shall secure
and maintain throughout the term of the contract the
following types of Insurance with limits as shown:
Worker I S COlI!pensation 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 SERVICE INSTITUTION and all
risks to such persons under this Agreement.
Comprehensive General and Automobile Liability
insurance This coverage to include contractual
coverage, products liability and automobile liability
coverage for owned, hired and non-owned vehicles. The
policy shall have combined single limits for bodily
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Page 4 Food Services Agreement -- Cont'd.
Contract No. 7050-2
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 SPONSORING AGENCY, 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 - SERVICE INSTITUTION shall require
the carriers or self insurance administrators of the above
required coverages to waive all rights of subrogation against the
SPONSORING AGENCY, the County their officers, volunteers,
employee, contractors and subcontractors except for the negligent
acts of the, SPONSORING AGENCY, the County of San Bernardino.
POLICIES PRIMARY AND NON-CONTRIBUTORY - All pOlicies required
above are to be primary and non-contributory with any insurance
or self-insurance programs carried or administered by the County.
PROOF OF COVERAGE - SERVICE INSTITUTION shall immediately furnish
certificates of insurance to the SPONSORING AGENCY evidencing the
insurance coverage above required prior to the commencement of
performance of services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire
wi thout thirty (30) days written notice to the SPONSORING AGENCY,
and shall maintain such insurance from the time SERVICE
INSTITUTION commences performances of services hereunder until
the completion of such services. Within sixty (60) days of the
commencement of this Agreement the SERVICE INSTITUTION 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.
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Page 5 Food Services Agreement -- Cont'd.
Contract No. 7050-2
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. SERVICE INSTITUTION agrees to execute any such
amendment within thirty (30) days of receipt.
The SPONSORING AGENCY, the County agrees to indemnify and hold
harmless the SERVICE INSTITUTION and their authorized agents,
officers, volunteers and employees against any and all claims or
actions arising from SPONSORING AGENCY'S, the County, negligent
acts or omissions on account of any claim therefore.
THE SPONSORING AGENCY AND THE SERVICE INSTITUTION MUTUALLY AGREE
THAT:
1. Sites may be added or deleted.
2. The SPONSORING AGENCY shall promptly notify the SERVICE
INSTITUTION of any change in the minimum meal
requirements or in the assigned rates of reimbursement.
3. This agreement may be terminated upon sixty (60) days
written notice on the part of either party hereto, and
the SPONSORING AGENCY may terminate this agreement
immediately after receipt of evidence that the terms
and conditions of this agreement by the regulations
governing the program have not been fully complied with
by the SERVICE INSTITUTION. Any termination of this
agreement by the SPONSORING AGENCY shall be in
accordance with applicable laws and regulations. No
termination or expiration of this agreement, however,
shall effect the obligation of the SERVICE INSTITUTION
to maintain and retain records available for audit.
4. The terms of this agreement shall not be modified or
changed in any way other than by the consent in writing
of both parties hereto. The SPONSORING AGENCY shall
provide such supervisory and monitoring assistance to
the SERVICE INSTITUTION that shall include, but is not
limited to:
a. Consultative and technical assistance to ensure
meals meet the requirements, required records are
being maintained and that all other applicable
program requirements are met.
b. Training of personnel responsible for food
service where needed.
c. Periodic visits to sites to monitor compliance.
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Page 6 Food Services Agreement -_ Cont'd.
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Contract No. 7050-2
d. Documentation of such visits shall be maintained
on file by the SPONSORING AGENCY.
This Agreement shall be effective with respect to meals served
during the period commencing the 1st day of October, 1992, and
ending September 30, 1993, unless terminated early as herein
provided.
ON BEHALF OF SERVICE INSTITUTION:
Date
.----
Signature
ANNIE F. RAMOS, DIRECTOR
Parks. Recreation & Community Services
Type or Print Name and Title
ON BEHALF OF SPONSORING AGENCY:
Date
Signature
Type or Print Name and Title
7050-2.FSC
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