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RESOLUTION NO. 2002-259
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND
SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADST ART CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is
hereby authorized and directed to execute on behalf of said City an Agreement with the San
Bernardino City Unified School District relating to the delivery of Type A Lunches and
Schedule B Snacks to City's Delmann Heights Headstart Center, for the term of one year and to
provide the student lunches at two dollars and two cents ($2.02) and the snacks at forty-nine
cents ($.49) each, a copy of which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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2002-259
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND
SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
joint regular
Meeting,
thereof, held on the 5 th
day of August
, 2002, by the following vote to
wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN X
MC GINNIS X
DERRY X
SUAREZ X
DEAN ANDERSON X
MC CAMMACK X
~~Cl~'C~
The foregoing resolution is hereby approved this l? nt- day of August
,2002.
Approved as to form
And Legal content:
O,(j.
LLES, MAYOR
Bernardino
James F. Penman
City Attorney
2002-259
ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Fiscal Year)
THIS AGREEMENT, is made and entered into this 1st day of July, 2002, by and between
the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred
to as the "DISTRICT," and CITY OF SAN BERNARDINO, for its Delmann Heights
Headstart Center, hereinafter referred to as the "CITY"
R E C I TAL S:
WHEREAS, the CITY desires to have Type A lunches and Schedule B snacks provided for its Delrnann
Heights Headstart Center; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed lunches, and the DISTRICT is
willing to provide such service to the CITY on a cost reimbursement basis;
NOW, THEREFORE, the DISTRICT and. the CITY mutually agree as follows:
I. Al!reement Term
The term of this Agreement shall be from July L 2002, through June 30. 2003,
inclusive, but may be canceled by either party upon the giving of sixty (60) days
written notice to the other party. This Agreement may be extended by mutual
written consent one year at a time up to a total of three (3) years, subject to the
terms and conditions agreed upon by both parties by June 30th of each year.
Written notice of changes to terms and conditions may include, but are not
limited to, price, location(s) and number of meals served.
II. Other Terms
A. Each lunch shall comply with Type "A" requirements set by the United
States Department of Agriculture for the National Student Lunch
Program for students' nutritional needs. The contents of the menus shall
contain such items as are necessary to meet these requirements.
B. Lunches shall include: milk, straws, utensils, napkins and trays.
C. All notices, invoices, and other correspondence may be given by United
States mail to the followmg addresses:
CITY
City of San Bernardino
Parks, Recreation &
Community Services Department
Attn: Andy Brown
547 North Sierra Way
San Bernardino, CA 92410
(909) 384-5417
DISTRICT
San Bernardino City
Unified School District
Nutrition Services
1257 Northpark Blvd.
San Bernardino, CA 92407
(909) 881-8000
2002-259
III. Payment
A. The cost to the CITY for Type A lunches and Schedule B snacks is as
follows:
Student Lunch: $2.02
Schedule B Snacks: $0.49
Adult Lunch $2.07
Said rates shall be subject to a proportionate increase in the event of a
reduction in Federal reimbursement and/or subsidies.
IV. District Responsibilities
A. The DISTRICT will prepare and deliver Type A lunches and Schedule B
snacks, including frozen products as required by menu, at or before the
lunch hour each operational day when children are present at the
CITY'S location, in accordance with the number of meals requested for
that day.
B. The DISTRICT will be responsible for the temperature and quality of the
lunches until the time of delivery.
C. The DISTRICT agrees to pick up transport carts on the operational day
after the operational day of delivery.
D. The DISTRICT will present the CITY with an itemized invoice the
twentieth day of each month for the previous month's deliveries.
E. The DISTRlCT assumes all liability for proper use and protection of
surplus commodities assigned to it by the CITY.
F. The DISTRlCT agrees to provide the CITY with a monthly menu one
week prior to the beginning of the period covered by said menu.
G. The DISTRlCT will maintain all necessary records on the nutritional
components of the lunches and the number of lunches delivered to the
CITY and make said records available for inspection by State and
Federal authorities upon request.
H. The DISTRICT hereby agrees to indemnify and hold the CITY harmless
for any loss, liability, claim, suit or judgment, resulting from work or
acts done or omitted by the DISTRICT, its departments, agents, officers,
and employees in carrying out this Agreement
V. City Responsibilities
A. The CITY understands they are to request by telephone, no later than
2:00 p.m., on the operational day preceding the operational day of
delivery, an accurate number of lunches to be delivered to the Headstart
Center. The DISTRICT shall use the last count received in the event the
CITY fails to notify the DISTRlCT in a timely manner the number of
meals needed. Errors in count called in shall be the responsibility of the
CITY.
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2002-259
B. The CITY ensures that an individual is available at the Headstart Center
between 8.00 a.m. and II :00 a.m. each operational day to receive the
requested number of lunches.
C. The CITY is to provide personnel to serve lunches, clean the serving and
eating areas, remove all food from transport carts and pans, and
assemble empty transport carts for pick up by the DISTRICT between
8:00 a.m. and 11 :00 a.m. on the operational day following the
operational day of delivery.
D. The CITY will provide an annual calendar of its operational days and
holidays/non-operational days, to the DISTRICT in advance of any
deliveries made under this Agreement. The CITY shall also advise the
DISTRICT by telephone at least three (3) operational days in advance of
any non-operational day, to assure that lunches are not delivered on non-
operational days.
E. If applicable, the CITY shall establish collection procedures that are in
accordance with State and Federal regulations relating to the overt
identification of needy pupils and keep accurate records of the number
of free, reduced price, paid and adult lunches served daily.
F. If applicable, the CITY will prepare all claims for reimbursement under
its own agreement number, receives and approve all free and reduced
price meal applications, and maintain all necessary records to
substantiate the above items.
G. The CITY will assign to the DISTRICT all commodities for which the
CITY is entitled for its Headstart Center and the liability for use of such
commodities.
H. The CITY agrees to pay the DISTRICT by the fifteenth of each month
the full amount as presented on the monthly-itemized invoice.
I. The CITY shall bear the sole responsibility to properly care for all
perishable food items after they have been delivered to the delivery site
by the DISTRICT until the time of ultimate consumption.
J. The CITY shall bear the cost of any losses resulting from theft
or improper storage once the food or lunches are received or delivered to
authorized CITY personnel; the CITY assumes the responsibility to
dispose of such and return no food items. If the CITY has ordered more
food than it is able to consume, it shall not be entitled to any credit on
said items from future food orders.
K. The CITY hereby agrees to indemnify and hold the DISTRICT harmless
for any loss, liability, claim, suit, or judgment, resulting from work or
acts done or omitted by the CITY, its department, agents, officers, and
employees in carrying out this Agreement
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2002-259
VI. Special Provisions
The CITY certifies it will not discriminate, as hereby certified, on
the basis of race, color, national origin, ancestry, sex (including sexual
harassment), marital status, handicap, disability, medical condition,
religion, or age in any of its policies, procedures, or practices III
compliance with:
. Title VI and VII of the Civil Rights Act of 1964, as amended
(pertaining to race, color, national origin, and religion);
. Title IX of the Education Amendments of 1972
(pertaining to sex);
. Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap);
. The Age Discrimination Act of 1975
(pertaining to age);
. The Fair Emplovment and Housing Act of 1980
(pertaining to ancestry, race, national origin, color, sex,
religion, physical handicap, medical condition, marital
status, and age); and
. The Americans with Disabilities Act of 1990
(pertaining to disability)
This non-discrimination policy covers admission and access to, and treatment
and employment in, the District's programs and activities.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
L/Y'
'1':'EMUEL RANDOLPH
Director
Parks, Recreati n and Community Services
Date: e/ l
as.~
Assistant Superintendent
Business Services Division
.IlL 0 9 2002
Date:
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By: L 1- I~~
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