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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
Subject:
RESOLUTION 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
DELIVERY OF TYPE A LUNCHES TO
CITY SITES FOR THE DISTRICT'S YEAR-
ROUND LUNCH PROGRAM.
MICC DATE: Oct. 4, 2004
Dept: Parks, Recreation & Community
Services Dept.
Date: August 30,2004 ORlG1NAL
Synopsis of Previous Council Action:
August 18, 2003 - Mayor and Common Council approved Resolution No.2003-234 for the 2003
Year-Round Lunch Program.
Recommended motion:
Adopt Resolution.
#k
Signature
Contact person: Lynn Knutson
Phone: 384-5006
Supporting data attached: StalfReport & Food Service Agreement
Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: $0
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
~~,(l:fh3IS
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution 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 delivery of type A
lunches to City sites for the District's Year-Round Lunch Program.
Backl!round:
The year 2004 will mark the tenth consecutive year that the City will participate in the District's
Year-Round Lunch Program for Youth. This program provides meals to children who are off-
track. All meals will be prepared and delivered by the San Bernardino City Unified School
District at no cost to the City. A Type A lunch is the same as the daily lunch served at all school
sites. It meets the National School Lunch standards established by USDA. These include 2 oz.
of protein, 0/., cup of fruit or vegetable, 8 oz. of milk, and 1.25 slices of bread daily. It is
estimated that 20,000 meals will be served to needy children at Lytle Creek Community Center
and Boys & Girls Club, ages 1-18 between September 7, 2004 and June 30, 2005.
Financial Impact:
No City general funds are required for the operations of this program. The San
Bernardino City Unified School District program will be funded from a grant by
U.S.D.A. for the National School Lunch Program. Grant cycle is July 1, 2004 - June 30,
2005.
Recommendation:
Adopt Resolution
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RESOLUTI~
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 TO CITY SITES
FOR THE DISTRICT'S YEAR-ROUND LUNCH PROGRAM.
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 delivery of Type A lunches to City sites for the
District's year-round lunch program, 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 120 days folIowing effective date ofthe Resolution.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN
2 AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY SITES FOR THE
3 DISTRICT'S YEAR-ROUND LUNCH PROGRAM.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the
day of
, 2004, by the following vote, to wit:
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
16
17
18
AYES
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Contract No. 04/05-834-0171 POA
E X H I BIT U A U
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SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Year Round)
THIS AGREEMENT, is made and entered into this 18th day of August, 2004, by and between the
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
"DISTRICT," with a principal place of business at 777 N. uF' Street, San Bernardino, California
92410, and the CITY OF SAN BERNARDINO, hereinafter referred to as the "CITY" with a place
of business at 547 N. Sierra Way, San Bernardino, California 92410.
RECIT ALS:
WHEREAS, the CITY desires to have Type A meals provided for several of its Community Center
sites; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and is willing to
provide such service to the CITY subject to United States Department of Agriculture (USDA)
Summer Food Service Program reimbursement availability;
o NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
I. A2reement Term
The term of this Agreement shall be from Seotember 7. 2004, through June 30. 2005,
inclusive, but may be canceled by either party upon the giving often (10) days written notice
to the other party. This Agreement may be amended by mutual written consent. Meals shall
not be provided until the CITY has signed this Agreement and returned to the DISTRICT.
II. Other Terms
A. Each meal shall comply with Type "A" requirements set by the United States
Department of Agriculture for the National Student Lunch Program. The contents of
the menus shall contain such items as are necessary to meet these requirements.
B. Meals provided under this Agreement shall be lunches only and shall include: milk,
straws, spokettes, napkins and disposable trays.
C.
Type A meals shall be prepared for the CITY'S locations, as specified in the attached
Exhibit A. The initiation of food service at a particular location will be determined
by mutual agreement between the DISTRICT and the CITY. Locations shown in
Exhibit A may be added, deleted, or changed if requested in writing by the CITY and
approved in writing by the DISTRICT. The initial minimum number of meals
provided per day to each location receiving food service shall be ten (10). Within ten
(10) operational days of beginning food service to a particular site the minimum
number of meals eligible for reimbursement for that location shall be twenty (20). If
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City of San Bernardino - Year Round Food Services Program
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Contract No. 04105-834-0171 POA
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the particular site cannot maintain the mInimum number of meals eligible for
reimbursement (twenty meals), the location may be deleted by the DISTRICT from
the list of CITY locations receiving meals hereunder.
D.
If a meal is lacking a component, the CITY shall immediately notify the DISTRICT.
At its discretion, the DISTRICT may either deliver the missing component, or there
shall be no charge for the incomplete meal. No charge shall be made for meals that
are unwholesome according to the standards set by the Public Health Department of
the County of San Bernardino.
E.
All notices, invoices, and other correspondence may be given by United States mail to
the following addresses:
CITY
City of San Bernardino
Parks, Recreation & Community Service
Nutrition Services
547 North Sierra Way
San Bernardino, CA 92410
DISTRICT
San Bemardino City Unified School District
Nutrition Services
Attn: Lynn Knutson
1257 Northpark Blvd.
San Bernardino, CA 92407
o III. Payment
The DISTRICT will not be paid by the CITY for meals eligible for reimbursement
under the Seamless Summer Feeding Waiver Program. Instead, the DISTRICT will
file reimbursement claims for eligible meals, at the current reimbursement rate,
which may be changed from time to time. For reference, the Federal reimbursement
rate is currently $2.34.
IV. District ResDonsibilities
A. An operational day is a day when the CITY is operating its Community Centers. The
DISTRICT shall deliver meals each operational day, in the quantities requested, at a
mutually agreed upon time, to the mutually agreed upon sites, which may be changed
from time to time as permitted hereunder. Food shall be signed for upon delivery
and the time of delivery noted.
B. The DISTRICT shall be responsible for the temperature and quality of the meals
until the time of delivery to the CITY.
C.
The DISTRICT agrees to fumish all labor and vehicles necessary to transport said
meals from the preparation point to the authorized CITY sites.
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Contract No. 04105-834-0171 POA
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D.
District shall maintain all necessary records on the nutritional components of the
meals and the number of meals provided for the CITY and make said records
available for inspection by State and Federal authorities upon request.
E. The DISTRICT shall provide any clerical or accounting services needed for
completing and filing State reports, which may be required to entitle the DISTRICT
to reimbursement from the State.
F. The DISTRICT shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims.
G. The DISTRICT agrees to indemnify and hold harmless the CITY from any loss of
liability, claim, suit, or judgment, resulting from work or acts done or omitted by the
DISTRICT, its officers, employees, and agents, on carrying out its responsibilities
under this Agreement.
V. CITY Responsibilities
A.
The CITY shall request by telephone or e-mail no later than 2:00 p,m. on the
operational day preceding the operational day the meals to be provided for an
accurate number of meals, The DISTRICT shall use the last count received in the
event the CITY fails to notify the DISTRICT in a timely manner of the number of
meals needed. Errors in count called in or failure to notify the DISTRICT or give
notification in a timely manner shall be the responsibility of the CITY.
B. The CITY is to provide personnel to serve lunches at designated sites, clean the
serving and eating areas, remove all food from, and clean all reusable DISTRICT
transport containers as soon as possible after food has been served. Said clean
transport containers shall be ready for pick up by the DISTRICT between 8:00 a.m.
and II;()() a.m. on the operational day following the operational day of delivery.
C. The CITY will immediately notify the DISTRICT, if a meal is lacking a component.
The DISTRICT may deliver the missing component in a proper time frame.
D. The CITY bears the cost of any losses resulting from theft or improper storage once
the food or meals are received by authorized CITY personnel; the CITY assumes
responsibility to dispose of such and to return no food items.
E. The CITY shall bear the sole responsibility to properly care for all perishable food
items after they have been delivered to the CITY locations until the time of ultimate
consumption.
F.
The CITY will provide an annual calendar of its operational days and holidays/non-
operational days, to the DISTRICT before any meals are provided under this
Agreement. The CITY shall also advise the DISTRICT by telephone at least three
(3) operational days in advance of any change in calendar, to assure that meals are
not provided on non-operational days.
City of San Bernardino - Year Round Food Services Program
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Contract No. 04/05-834-0171 POA
VIII
IX.
G.
The CITY will complete Daily Meals Served Reports and other reports as required
by the DISTRICT. The CITY shall send said Reports to the District's Nutrition
Services Accounting Office on a weekly basis. The CITY agrees that it shall send all
Reports for each month within five (5) working days following the end of the month.
H. The CITY shall keep on file during the term of this Agreement and for a period of
three (3) years thereafter a copy of the Daily Meals Served Reports and the Transport
Records (meals received) for each operational day covered by this Agreement.
I. The CITY agrees to accept responsibility for receiving, replying to, and/or complying
with any audit exceptions by the DISTRICT and agrees to cooperate with the
DISTRICT in receiving, replying to, and/or complying with any audit exceptions by
appropriate state or federal audit agencies concerning this Agreement.
J. The DISTRICT shall have the right to make on-site inspections, without prior notice,
upon presentation of identification by DISTRICT personnel to CITY personnel at the
site, for the purposes of insuring compliance with this Agreement.
Hold Harmless
The CITY agrees to indemnify and hold harmless the DISTRICT and its departments,
agents, officers, and employees for any and all liability arising out of the performance of this
Agreement. Said indemnification shall include, but not be limited to: any liability resulting
from defective or spoiled food once the food has been delivered to the CITY; any liability
for any injury to CITY personnel or persons under CITY direction or control, in or about
DISTRICT premises; any liability caused by any error, omission, or act of CITY or of any
person employed by CITY or of any others form whose acts CITY is legally liable. Said
indemnification shall include, in the event of legal action: court costs; expenses of litigation;
reasonable attorney's fees; and any and all sums awarded by a court of competent
jurisdiction, including damages, or accepted in a settlement agreement. The only exception
to this indemnification agreement is that DISTRICT agrees that it will not be indemnified
for injuries to DISTRICT personnel, which occur while DISTRICT personnel are.
performing the services pursuant to this Agreement, or for injury to anyone arising out of a
negligent act of the DISTRICT.
Soecial Provisions
The CITY certifies it will not discriminate on the basis of race, color, national origin, sex
(including sexual harassment), marital status, handicap, disability, medical condition,
religion, or age in any of its policies, procedures, or practices in compliance with:
Title VI and vn 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);
City of San Bernardino - Year Round Food Services Program
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Contract No. 04105-834-0171 POA
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Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap);
The A'l.e Discrimination Act of 1975
(pertaining to age);
The Fair Emoloyment and Housin'l. Act of 1980
(pertaining to ancestry, race, national origin, color, sex, religion, physical or
mental disability, medical condition, marital status, and age over 40); 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
C 00 DISTRICT
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MO MMAD Z. ISLAM
Assistant Superintendent,
Division of Business Services
l<
JUDITH V ALLES
Mayor
Date:
Date:
ATTEST:
CITY CLERK
Approved as to form and legal content:
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City of San Bernardino - Year Round Food Services Program
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(.)
Contract No. 04105-834-0171 POA
Exhibit A
2004-05 YEAR ROUND LUNCH PROGRAM
COMMUNITY CENTER SITE
Boys & Girls Club
Lytle Creek
City of San Bernardino - Year Round Food Services Program
ADDRESS
1180 Wesl9th Street
280 South "K" Street
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OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
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October 8, 2004
Lynn Knutson
San Bernardino City Unified School District
Nutrition Services
1257 Northpark Boulevard
San Bernardino, CA 92407
Dear Ms. Knutson,
Enclosed please find one fully executed original agreement between the San Bernardino City
Unified School District and the City of San Bernardino relating to delivery of Type A lunches to
City sites for the District's year-round lunch program.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
l'
(/)/ Ie {z( (c J1 L---
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
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