HomeMy WebLinkAboutS07-Parks and Recreation
, CIO OF SAN .I:RNARDOo - RI:QU," FOR COUNCIL ACWON
From:
Annie F. Ramos
Subject:
Resolution authorizing Director of Parks,
Recreation and Community Services Dept.
as designated agent to sign Headstart
agreements
Dept:
Parks, Recreation and Community Services
Date: September 22, 1986
Synopsis of Previous Council action:
None
Recommended moti.on:
Adopt the resolution.
d!;; l~~
SignatJe
Contact person: ,lohn Kr~m"r
Phone: 1R1_~n11
Supporting data attached:
Y"~
Ward:
FUNDING REQUIREMENTS:
Amount:
pi
Source:
Finance:
Council Notes:
7 5.0262
Agenda Item No
5..1
. CIO OF SAN BERNARDOo - REQU.Qr FOR COUNCIL ACt?oN
STAFF REPORT
The Headstart Program has been provided under City sponsorship at Delmann
Heights Community Center since 1978. This program is fully funded by
federal appropriations and is administered through the County Human Resources
Agency.
The Headstart Program runs on an annual schedule of the first week of Sept-
ember through the end of June. The authorization of the Director of Parks,
Recreation and Community Services Department as the designate agent will
facilitate the completion of the two agreements for this program. These
agreements are for the Headstart Program and for food services for lunches and
snacks for the participants.
The agreements are generally not provided to the City for signature until after
the program start date. The authorization for designate agent will expedite
the agreement process. The agreements are standard for all Headstart programs
and are consistant from year to year.
JUSTIFICATIDN FOR PLACEMENT ON THE SUPPLEMENTAL AGENDA
The Headstart Preschool has already begun. These agreements need to be signed
expeditiously so that reimbursement of expenses may begin.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING T8B EXECUTION OF TWO AGREEMENTS BETWEEN THE HEADS TART/
STATE PRESCHOoL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN
BERNARDINO COONTY AND THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE
HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Parks, Recreation and Community
Services Department of the City of San Bernardino is hereby
authorized and directed to execute for and on behalf of said City
two agreements with the Headstart/State Preschool D~
;:;~,::~l',~'"
Human Resources Agency for San Bernardino County reI', ',:r"
. .:.~~';': . .
Headstart Program at the De1mann Heights Community Center, copies
of which agreements are attached hereto as Exhibits RAft and ftB-
and are incorporated herein by reference as though fully set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1986, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
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or
The foregoing resolution is hereby approved this day
, 1986.
Approved as to form:
ci1~~efa;~cP
Mayor of the City of San Bernardino
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CONTRACT NO. 7050
HEAD START/ STATE PRESCHOOL DEPARTMENT OF
HUMAN RESOURCES AGENCY SAN BERNARDINO COUNTY
686 East Mill Street - Room 2077
San Bernardino, California 92408
(714) 387-2363
NAME OF AGENCY San Bernardino
City Park & Recreation
ADDRESS2969 Flores Street
San Bernardino, CA 92485
NO. CHILDREN ~NO. SITES 1
In order to serve meals to the Head Start/State Preschool enrollees 1n San
Bernardino County, the Head Start/State Preschool 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 sites listed above, agree
as follows:
THE SPONSORING AGENCY AGREES THAT: to extent of reimbursement received for
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 Service Institution's
report of (1) total meal served times reimbursement rates: or , (2) total
cost of food: whichever is less.
THE SERVICE 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 quality 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 purpose.
2. Serve meals which meet the minimum requirements as prescribed in
meal patterns for children in child care programs of this agreement during
EXHIBIT A
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'pagJ:i 2
FOOD SERVIQ AGREI;MENT -- Qnt 'd.
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CONTRACT NO. .7050
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.
4. Purchase in as large quantities as may be effectively utilized in
its food service, food designated as plentiful by the department.
5. 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.
6. Submit claims for reimbursement in accordance with procedures
established by the sponsoring agency.
7. Submit claims for number of meals served and not for number of
meals delivered.
8. Maintain a financial management system prescribed by the
sponsoring agency. (See attached added addendum which is a part of this
agreement. )
9. Temperature of food will meet local, State and health standards
when food is delivered to site(s).
10. Substitutions may be made on foods if individual participating
children are unable to consume such foods because of medical and other
special dietary needs. Such substitutions shall be made only with
supported by a statement from a recognized medical authority which includes
recommended alternate foods.
11. Maintain washing of eating and serving utensils which meets local
health department standards.
12. Chairs, tables and eating utensils will be suitable for the size
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FOOD SERVICE AGREEMENT
Cont'd.
CONTRACT NO. 7050
and developmental level of the children.
13. Upon request, make all accounts and records pertaining to the
program available to the sponsoring agency and to the Food and Nutrition
Service of the USDA, for audit or review, at a reasonable time and place.
Such records shall be retained beyond the five year period 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. Shall not use paper, styrofoam tumblers or disposable plastic
flatware.
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16. The Service Institution hereby certifies that it now complies
with, and shall in the future comply with all requirements imposed by or
pursuant to Department, as now or hereafter amended C7CFR Part 15), to the
end that no person in the United States shall, on the grounds or race,
color or national origin be excluded to discrimination under the program by
the Department. This nondiscrimination assurance shall oblige the Service
Institution to comply with this nondiscrimination assurance, the Department
has the right to seek its enforcement by judicial or other means.
17. The Service Institution agrees to indemnify, defend and save
harmless HRA-Head Start/State Preschool Department and the County of San
Bernardino, its agents and representatives from any negligent or wrongful
act or omission of its officers, agents or employees in the performance of
this contract.
THE SPONSORING AGENCY AND THE SERVICE INSTITUTION MUTUALLY AGREE THAT:
1. Sites may be added or deleted.
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FOOD SERVICE AGREI,MENT -- Cont 'd.
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CONTRACT NO. 7050
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:
Sponsoring Agencies 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.
d. Documentation of such visits shall be maintained on file by
sponsoring organizations.
This agreement shall be effective with respect to meals served during the
Period commencing the 1st day of September, 1986, and ending June 30, 1987,
unless terminated early as herein provided.
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FOOD SERV~ AGREEMENT --~ont'd.
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CONTRACT NO. 7050
SIGNATURE ON BEHALF OF SERVICE
INSTITUTION '
HEAD START/STATE PRESCHOOL DEPARTMENT
OF HUMAN RESOURCES AGENCY
SAN BERNARDINO COUNTY
By:
By:
Title:
Title:
Dated:
Dated:
ATTESTED:
Clerk of the Board
Dated:
I
Approved as to Legal Form:
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Dated: "5 /of /d'('
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CONTRACT NO. 6050
AGREEMENT
FOR DELEGATION OF ACTIVITIES
UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR
CHILDREN, YOUTH AND FAMILIES
GRANT NO. H-04l6/22
This agreement entered into as of September 1, 1986,
including attached conditions and program guidelines, shall
govern all activities of the Head Start/State Preschool Program:
financed under D/HHS/ACYF No. H-04l6/22 (ACYF) Administration
for Children, Youth & Families. Funding period for Grant No.
H-04l6/22 is September 1, 1986, through August 31, 1987.
Said activities will be carried out by San Bernardino City
Park & Recreation, hereinafter referred to as "Delegate" on
behalf of the Head Start/State Preschool Department Human
Resources Agency and the Board of Supervisors of San Bernardino
County, hereinafter referred to as "Grantee".
The Grantee and 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 ACYF and State Preschool grants to the Grantee,
for two (2) classes of 15 children each, 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
EXHIBIT
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DELEGATION AG~EMENT -- cont~
CONTRACT NO.6050
C)
that may from time to time be requested. Specifically, the
Delegate shall ~omply with I-30-2. The Parents, as set forth in
the Federal Register, Part II, dated Friday, January 31, 1975, as
pertains to parents in decision-making. In such instances where
Policy Committees and Policy Council must approve before final
action can be taken, the Delegate shall adhere to amendment to
I-30-70.2, the Parents, dated October 8, 1980.
3. REPORTS, RECORDS " EVALUATIONS. The Grantee shall
supervise, evaluate and provide guidance and direction under this
agreement to the Delegate in the conduct of activities delegated
under this agreement. The Delegate agrees to submit to the
Grantee, such reports as may be required by ACYF and directives
or by the Grantee, according to, but not limited to the following
scheduled:
a. Finance Reports - Due lOth day of each month.
b. Attendance Reports - Due 5th day of each month.
c. 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 ACYF, October 1, annually.
g. Audit Report - as 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 Grievance procedures for all
program employees - Due January 15, annually.
j. policy Committee By-Laws - Due January 15,
annually.
k. Affirmative Action Policies - Due January 15,
annually.
1. All program and fiscal records must be retained for
five (5) years.
m. Copy of appropriate Insurance Policy - Due 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
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DELEGATION A~EMENT --
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Cont'd.
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CONTRACT NO.6050
grants from ACYF the following n.cords:
Head start/State Preschool Financial and Statistical, as
well as other records that may be required by relevant ACYF 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 approximate beginning date of September
8, 1986. and ending date of June 1, 1987.
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 Grantee
performing and audit of Delegate records, cost to be borne by the
Delegate.
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DELEGATION A~EMENT -- cont~.
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CONTRACT NO.6050
8. DAMAGE LIABILITY. The Delegate under this agreement
hereby waives all claims against the Grantee, ACYF and State
Department of Education for damages to goods, wares in, upon, or
about the premises and for injuries to persons in or about the
premises, from any cause arising at any time. The Delegate shall
provide a copy of Liability Insurance that covers site location
to the Grantee.
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 annual 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 OF PAYMENT. The Grantee agrees to reimburse
the Delegate for authorized expenditures. An advance of $4,811
for estimated expenditures for one (months) will be made to the
Delegate, who 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 30 (days) the Grantee will approve or disapprove
payment of the vouchers, and will make additional payments equal
to the amount of such approved expenditures to the Delegate. In
no event, however, will the Delegate receive reimbursement for
cost exceeding $43,301 except as it has received prior written
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DELEGATION AGQE~lENT --
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Cont'd.
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CONTRACT NO.6050
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, such statutes, Executive orders, and ACYF directives
as may become generally applicable at any time; (2) submission
by the Delegate to ACYF or to 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 ACYF 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 ACYF direction. If the Delegate is
unable or unwilling to comply with such additional conditions as
may be lawfully applied by ACYF 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 ACYF directive, and the Delegate
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DELEGATION AGREEMENT
o
Cont'd.
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CONTRACT NO.60S0
shall be entitled to compensation for any unreimbursed 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 the Grantee from the Delegate is agreed
upon or otherwise determined.
12. NON-FEDERAL SHARE. The Delegate will contribute $29,149
to the program funds. Such contribution shall be in cash in the
amount of $-0-, and in-kind in the amount of $29,149, per
attachment.
13. In accordance with 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 and Program
Service Aides
c. Training: Pre-service/Inservice/Workshops
d. Parent Involvement, T/TA and Monitoring
e. Handicapped Services
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: (10 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:
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DELEGATION ^G~EMENT -- cont~
CONTRACT NO.6050
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(4) disposal, loss of or destruction of property shall be
properly documented, with copies of such documenting furnished
the Grantee within 30 days following the occurrence causing the
same. Non-expendable property is any article have a service
life in excess of one (1) year and which cannot be correctly
describe as either materials or supplies. Title to this
property, whether purchased or donated as a non-Federal share
contribution, shall be determined in accordance with ACYF
guidelines. Any purchase in excess of five hundred dollars
($500) not approved in 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 acknowledge that the program is supported by funds
granted by ACYF, and that five (5) copies of each publication be
furnished to ACYF, plus copies to the Grantee as the Grantee may
reasonably require.
16. COPYRIGHTS. If this agreement result in a book or other
copyrightable material, the author is free to copyright the work,
but the Administration for Children, Youth and Families reserves
a roualty-free non-exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to
use, all copyrighted material and all material which can be
copyrighted 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
.
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DELEGATION A~EMENT -- cont~.
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CONTRACT NO.~
ACYF for determination as to wheLher 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 the 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, 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 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 ground of race, creed, color, sex, medical
condition, physical handicap, marital status, or national origin,
be excluded from participation in, be denied the proceeds of, or
be subject of discrimination in the performance of this
agreement. Program regulations promulgated in Chapter 13 of
Title 45 of the Code of Federal Regulations, Part 80,
Non-Discrimination under programs receiving Federal assistance
through the Department of Health and Human Services, and Welfare
effectuation of Title VI of the Civil Rights Act of 1964: Part
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DELEGATION AGREEMENT
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Cont 'd.
CONTRACT NO.6050
81., Practice and Procedures for hearings under Part 84,
Non-discrimination 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 proselytization as part of or
in connection with the performance of this agreement.
IN WITNESS WHEREOF, The Grantee and the Delegate have
executed this agreement of the date first above written.
CITY OF SAN BERNARDINO
PARKS, RECREATION AND
COMMUNITY SERVICES DEPT.
HEAD START/STATE PRESCHOOL DEPARTMENT
OF HUMAN RESOURCES AGENCY
SAN BERNARDINO COUNTY
By:
Bv:
Title:
Title:
Dated:
Dated:
ATTESTED:
Clerk of the Board
Dated:
Dated:
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:1.660
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..;.....-..10_......._