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HomeMy WebLinkAbout19- Parks, Recreation & Community Services CITY OF SAN BERN ARDINO - REQUEST FOR COUNCIL ACTION RESOLUTION AUTHORIZING THE EXECUTION OF From: Annie F. Ramos, Director Subject: TWO AGREEMENTS BETWEEN THE HEADSTART STATE PRESCHOOL DEPARTMENT OF THE COUNTY Dept: Parks, Recreation & Community Services OF SAN BERNARDINO AND THE CITY RELATING TO THE HEADSTART PROGRAM AT DELMANN Date: December 10, 1993 HEIGHTS COMMUNITY CENTER AND REPEALING RFSOI IITTON 93-404 Synopsis of Previous Council action: October 19, 1992 - Resolution No. 92-402 adopted authorizing agreements between County Headstart and City relating to the Headstart Program at Delmann Heights for 1992-1993 school year. November 1 , 1993 - Adopted Resolution No. 93-404. Recommended motion: Form Motion: Adopt the Resolution. I Signature Contact person: John A Kramer Phone: 5031 i Supporting data attached:_ Staff Report, Resolution & AgreementsWard: b FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST Ff)R COUNCIL ACTION STAFF REPORT 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 AND REPEALING RESOLUTION 93-404 After Resolution 93-404 was approved on 11/1/93 , County Counsel determined that two words needed to be changed and a sentence needed to be -. ..ded in Contract No. 6050-3 . The revisions were: Page 5, item 9-"Grantee" was substituted for "Department" and "nullify" was substituted for "annul. " Page 6, item 11 - the following sentence was added: "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. " A copy of the two original pages is attached to this Staff Report for comparison with the new pages in Contract No. 6050- 3 . All other parts of the agreement are unchanged and Contract No. 7050-3 remains the same as originally approved in Resolution 93-404 . 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 1992-93 . Approval is recommended. county/city-headstart-u 12/10/93 75-0254 4 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE 3 HEADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY 4 SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER AND 5 REPEALING RESOLUTION NO. 93-404 . 6 SECTION 1. The Director of Parks, Recreation and 7 Community Services Department of the City of San Bernardino is 8 hereby authorized and directed to execute for and on behalf of 9 said City two agreements with the Headstart/State Preschool 10 11 Department of Human Resources Agency for San Bernardino County 12 relating to the Headstart Program at the Delmann Heights Community Center, copies of which agreements are attached hereto 13 14 as Exhibits "A" and "B" and are incorporated herein by reference as though fully set forth at length. 15 SECTION 2 . The authorization to execute the above 16 17 referenced agreement is rescinded if the parties to the agreement 18 fail to execute it within ninety (90) days of the passage of this resolution. 19 20 SECTION 3 . Resolution No. 93-404 is hereby repealed. 21 I HEREBY CERTIFY that the foregoing resolution was duly 22 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 23 24 day of 1993 , by the following vote, to wit: 25 26 27 12/10/93 -1- 28 1 RE: RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF 2 SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER AND REPEALING RESOLUTION NO. 93-404 . 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 Rachel Clark, City Clark 14 The foregoing resolution is hereby approved this 15 day of 1993 . 16 17 Tom Minor, Mayor 18 City of San Bernardino 19 Approved as to form and legal content: 20 JAMES F. PENMAN 21 City Attorney 22 B, 23 24 25 26 delH.headstartCo 27 12/10/93 -2- 28 CONTRACT NO. 6050-3 AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER DEPT. OF HEALTH AND HUMAN SERVICES/ADMINISTRATION FOR CHILDREN AND FAMILIES GRANT NO. 09CH-0416/29 This agreement entered into as of September 1, 1993, including attached conditions and program guidelines, shall govern all activities of the Preschool Services Department; financed under D/HHS/ACF NO. 09CH-0416/29 (ACF) Administration for Children and Families. Funding period for Grant No. 09CH- 0416/29 is September 1, 1993, through August 31, 1994. 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, and for two ( 2) classes of 17 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 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 ACF directives or by 10-01-93 Page 2 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 the GRANTEE according to, but not limited to the following schedule: a. Finance Reports - Due 10th day of each month. b. Ai-tendance 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 Hy-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 form ACF the following records: He ad 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. 10-01-93 0 Page 3 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 6. CALENDAR YEAR. The program year will be standardized to cover ( 170) days with an approximated beginning date of September 8, 1993, and ending date of June 2, 1994. 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 Compensation - A program of Worker' s Compensation insurance or a state-approved Self-insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer' s Liability with $250,000.00 limits, covering all persons providing services on behalf of the DELEGATE and all risks to such persons under this Agreement. Comprehensive General 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. 10-01-93 Page 4 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 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. 10-01-93 Page 5 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 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. 10. SCHEDULE PAYMENT. The GRANTEE agrees to reimburse the DELEGATE for authori .d 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 $140,776.00, 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 10-01-93 Page 6 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 incurred in satisfactory performance of the agreement. Notwithstanding the above, the DELEGATE shall not be relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the agreement by the DELEGATE and the GRANTEE may withhold any reimbursement to the DELEGATE for the purpose of set-off until such time as the exact amount of damages due to GRANTEE from the DELEGATE is agreed upon or otherwise determined. Upon sixty ( 60) days written notice, delivered in person or by registered or certified mail, either the GRANTEE or the DELEGATE may terminate this agreement without cause. 12. NON-FEDERAL SHARE. The DELEGATE will contribute $134,356 to the program funds. Such contribution shall be in cash in the amount of $-0-, and in-kind in the amount of $134,356, 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/In-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. 10-01-93 C" Page 7 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 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 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, marital 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 pay or 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 Coda of Federal Regulations, Part 80, Non- Discrimination under programs receiving Federal assistance 10-01-93 0 0 Page 8 Delegation Agreement -- Cont 'd. CONTRACT N0. 6050-3 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 proselytizin g as connection with performance of this agreement. Part of or in IN WITNESS WHEREOF, the Department and the DELEGATE have executed this agreement of the date first above written. CITY OF SAN BERNRDINO PARKS 6c RECREATION PRESCHOOL SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY BY: BY: TITLE: TITLE• DATE: DATE: 6050-3.ADC 10-01-93 PRESCHOOL SERVICES DEPARTMENT SAN BDNO. PAY & RECREATION 1993-94 GRAND A. PERSONNEL TOTAL TEACHER DIRECTOR $ 17 , 207 TEACHER $ 14 , 883 2 TEACHERS $29 , 996 2 TEACHER AIDE $12 , 497 2 TEACHER AIDE $11 , 097 CLERK $9 , 266 TOTAL $94 , 946 B . FRINGE BENEFITS RETIREMENT $10 , 507 HEALTH INSURANCE $22 , 896 WORKERS COMP. $3 , 086 MEDICARE $1 , 377 SUI $238 TOTAL $38 , 104 E . SUPPLIES CLASSROOM $2 , 404 OFFICE $650 POSTAGE $71 EQUIPMENT $500 TOTAL $3 , 625 F . CONTRACTUAL FIELD TRIP $1 , 792 TOTAL $1 , 792 H. OTHER PARENT ACTIVITY $200 EQUIP. MAINT/REPAIR $389 FOOD $400 TELEPHONE $920 ADMISSIONS $400 TOTAL $2 , 309 GRAND TOTAL $140 , 776 50 NON FEDERAL SHARE ADMINISTRATION $7 , 054 VOLUNTEERS $15 , 664 SPACE COSTS $44 , 460 TOTAL $67 , 178 Page 9 Delegation Agreement -- Cont'd. CONTRACT NO. 6050-3 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, physical disability ( including HIV and AIDS) , mental disability, medical condition (cancer) , age (over 40) , marital status, and denial of family care 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 nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. STD. 17A(REV. ( 10/93 ) 10-01-93 SNOOK PRESCHOOL SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY 686 EAST MILL STREET - ROOM 2077 SAN BERNARDINO, CALIFORNIA 92408-1610 CONTRACT NUMBER 7050_3 NAME OF AGENCY SAN BERNARDINO CITY PARKS & RECREATION ADDRESS 2969 FLORES STREET SAN BERNARDINO CALIFORNIA 92405 NUMBER OF CHILDREN 6A 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 cost of food; whichever is less and not to exceed $29, 513.00. 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 inimum 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. 10-01-93 A Page 2 Food Services Agreement -- Cont'd. Contract No. 7050-3 4. Purchase in as large quantities as may be effectively utilized in its food service, food designated as plentiful by the SPONSORING AGENCY. 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. B. The SERVICE INSTITUTION 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: Daily attendance records; daily meal count, by types of meals served, for both children and adults; menu planning worksheets including specific type and amount of food used; monthly inventory records to determine the cost of food; program expenditures supported by invoices, receipts, or other proof of expenditures for food and labor. 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 when 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 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 10-01-93 0 Page 3 Food Services Agreement -- Cont'd. Contract No. 7050-3 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. 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. 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 limiting 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's Compensation - A program of Worker' s Compensation insurance or a state-approved Self- insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000.00 limits, covering all persons providing services on behalf of the 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 injury and property damage of not less than one million dollars ($1,000,000.00) . 10-01-93 Page 4 Food Services Agreement -- Cont 'd. Contract No. 7050-3 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 without 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. 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 10-01-93 Page 5 Food Services Agreement -- Cont'd. Contract No. 7050-3 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. d. Documentation of such visits shall be maintained on file by the SPONSORING AGENCY. 10-01-93 Page 6 Food Services Agreement -- Cont'd. Contract No. 7050-3 This Agreement shall be effective with respect to meals served during the period commencing the 1st day of October, 1993, and ending September 30, 1994, unless terminated early as herein provided. NONDISCRIMINATION - The sheet marked Nondiscrimination Clause" is attached hereto and by this reference incorporated herein. ON BEHALF OF SERVICE INSTITUTION: Date Signature Type or Print Name and Title ON BEHALF OF SPONSORING AGENCY: Date Signature Type or Print Name and Title 7050-3. FSC 10-01-93 Page 7 Food Services Agreement -- Cont 'd. Contract No. 7050-3 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, physical disability ( including HIV and AIDS) , mental disability, medical condition (cancer) , age (over 40) , marital status, and denial of family care 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 nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 10-01-93