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Home My WebLink About22-Parks & Recreation CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 TO FURNISH FOOD SERVICES FOR THE SUMMER FOOD SERVICE PROGRAM FOR YOUTH. MICC Meeting Date: June 16,2003 Dept: Parks, Recreation & Community Services Depl. Date: May 14,2003 ORIGINAL Synopsis of Previous Council Action: Resolution 2002-153 was approved for the Summer 2002 program. The Council has authorized the Parks, Recreation and Community Services Department to execute an agreement with the San Bernardino City Unified School District to furnish food services for the Summer Food Service Program since 1977. Recommended motion: Adopt Resolution f1 Contact person: Wall Bratton Phone: 384-5031 Supporting data attached: Staff Report, Reso, & Agreement Ward: City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Accl. No.) (Accl. Description) Finance: Council Notes: ::v~ ~2d23-~s f Agenda Item No. ~:l (p /lIP I/)3 RESOLUTION NO. t ~ ~ 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 3 BER.,"'IARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD 4 SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM FOR YOUTH. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION I. The Mayor of the City of San Bernardino or her designee is hereby 9 authorized and directed to execute on behalf of said City, an agreement with the San Bernardino 10 11 12 13 14 15 16 17 18 19 20 21 22 III 23 III 24 25 26 City Unified School District relating to the delivery of Type A lunches and snacks to lunch sites, a copy of which is 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 following effective date of the Resolution. II! III 27 28 III i/l RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING THE MAYOR OF CITY OF SAN BERNARDINO OR 2 HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD SERVICE FOR THE 3 SUMMER FOOD SERVICE PROGRAM FOR YOUTH. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Meeting, 5 and Common Council of the City of San Bernardino at a 6 7 thereof, held on the day of , 2003, by the following vote to wit: 8 COUNCIL MEMBERS 9 10 11 12 AYES NAYS ABSTAIN ABSENT ESTRADA LIEN LONGVILLE MC GI1\'NIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 MCCAMMACK 17 18 19 20 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2003. 21 22 JUDITH V ALLES, MAYOR City of San Bernardino 23 Approved as to form 24 And Legal content: 25 James F. Penman City Attorney 26 27 28 /! ;:/ California Department of Education Nutrition Services Division Page 1 Program Resources, Education and Policy Unit Standard Agreement (1/02) AGREEMENT TO PROVIDE FOOD SERVICE BElWEEN A SUMMER FOOD SERVICE PROGRAM SPONSOR AND A FOOD SERVICE VENDOR This agreement is entered into on 21 (DAY) May (MONTH) ,2003 by and between (YEAR) r.i~y of San Bernardino (NAME OF AGENCY) , herein after referred to as the agency, and San Bernardino City Unified School District ,herein after referred to as the vendor (NAME OF FOOD SERVICE VENDOR) IIIhereas, it is not within the capability of the agency to prepare specified meals under the Summer Food Service Program (SFSP); and IIIhereas, the facilities and capabilities of the vendor are adequate to prepare and deliver specified meals to the agency's facility(ies); and IVhereas, the vendor is willing to provide such services to the agency on a cost reimbursement basis; "herefore, both parties hereto agree as follows: "he Vendor agrees to: Prepare unitized meals for delivery/pick up. inclusive or exclusive ** of milk or juice each day, in accordance with the number of meals requested and at the cost(s) per meal listed below: Nutrition Services 1257 Northpark Blvd., 5B 10:30-11:30/11:30-12:30 (NAME OF SITE) at (ADDRESS) by (TIME) Breakfast $ N/A each lunch $ 2.18 each SupplemenVSnack $ .53 each Supper $ N/A each Provide the agency, for approval, a proposed cycle menu for the operational period, at least 30 days prior to the beginning of the period to which the menu applies. Any changes to the menu made after agency approval must be agreed upon by th~ agency, approved by the California Department of Education and documented on the menu records. Assure that each meal provided to the agency under this agreement meets the minimum requirements as to the nutritional content as specified by the SFSP Meal Pattern, Schedule B (attached) which is excerpted from the regulations 7 CFR Part 225.16 or an approved National School lunch Program (NSlP)/School Breakfast Program (SBP) option. NSlPISBP vendors may use the same menu> :anning option they use during the school year in lieu of using the SFSP meal pattern. Snacks will meet the SFSP meal pattern. Maintain full and accurate records which document: (1) the menus were provided to the agency during the term of this agreement, (2) a listing of all components of each meal, and (3) an itemization of the quantities of each component used to prepare said meal. The vendor agrees to provide meal preparation documentation by using yield factors for each food item as listed in the United States Department of Agriculture (USDA) Food Buying Guide when calculating and recording the quantity of food prepared for each meal. Maintain such cost records as invoices, receipts and/or other documentation that exhibit the purchase, or otherwise availability to the vendor, of the meal components and quantities itemized in the meal preparation records. Maintain, on a daily basis, an accurate count of the number of meals, by meal type. prepared for and delivered/picked up by the agency. Meal count documentation must include the number of meals requested by the agency. Circle either pick up, or delivery; or circie both pick up end delivery if this egmement is for e combination for mom than ona site. Circle whether the vendor is 10 'include" or "Include" milk and juice with the meal. California Department of Education Nutrition Services Division Page 2 Program Resources, Education and Policy Unit Standard Agreement (1102) 7. Allow the agency to increase or decrease the number of meal orders. as needed. when the request Is made within . 24 hours of the scheduled delivery time 8. Present to the agency an invoice accompanied by reports no later than the 15 th day of each month, which itemizes the previous month's delivery. The vendor agrees to forfeit payment for meals which are not ready within one (1) hour of the agreed upon delivery time, are spoiled or unwholesome at the time of delivery, or do not otherwise meet the meal requirements contained in this agreement In cases of nonperformance or noncompliance on the part of the vendor, the vendor shall pay the agency for any excess costs the agency incurs by obtaining meals from another source. 9. Provide the agency with a copy of current health cartifications for the food service facility in which it prepares meals for the SFSP. The vendor shall ensure that all health and sanitation requirements of the California Uniform Retail Food Facilities Law, Chapter 4 of the California Health and Safety Code, are met at all times. 10. Operate in accordance with current SFSP regulations. Comply with all other USDA regulations regarding food service vendors including those specified for commercial food service if applicable. 11. Retain all required records for a period of three (3) years after the end of the fiscal year to which they pertain (or longer, if an audit is in progress). Upon request make all accounts and records pertaining to the agreement available to the certified public accountant hired by the agency, representatives of the Califomia Department of Education, USDA, and the Office of Inspector General (OIG) for audits or administrative reviews at a reasonable time and place. 12. Not subcontract for the total meal, with or without milk, or for the assembly of the meal. 13. Be paid by the agency for all meals delivered/picked up in accordance with the agreement Neither the California Department of Education nor USDA will assume any liability for payment of differences between the number of meals prepared for delivery and/or pick up by the vendor and the number of meals served by the agency that are eligible for reimbursement 14. Accept commodities from the agency. These commodtties will be used in the preparation of meals proVided for the SFSP. The vendor will reduce the price of the meals by the fair market value of the commodities used in the meals. Price reductions will be itemized on the invoice. All commodities until used are the property of the agency. The Agency agrees to: I. 2:00 pm of Request by telephone no later than .. preceding day , an accurate number of meals to be delivered/picked up by the agency each ~ay. Notify the vendor of necessary increases/decreases in the number of meals ordered within ~ hours of the scheduled delivery/pickup time. Enrors in meal orders made by the agency shall be the responsibility of the agency. !. Ensure that an agency representative is available at each delivery/pick up site, at the specified time on each specified delivery/pick up day to receive, inspect, and sign for the requested number of meals. This individual will verify the temperature, quality and quantity of each meal service delivery/pick up. The agency assures the vendor that this individual will be trained and knowledgeable in the record keeping and meal requirements of the SFSP, and with local health and safety codes. I. Provide personnel to serve meals, clean the serving and eating areas, and assemble transport carts and auxiliary items for pick up by the vendor (if applicable) no later than .. 1 hour before serving time L Notify the vendor within deletions. 7 days of receipt of the next month's proposed cycle menu, of any changes, additions or .. Provide the vendor with a copy of7 CFR Part 225.16; the SFSP Meal Pattem, Schedule B; the USDA Food Buying Guide; and all other technical assistance materials pertaining to the food service requirements of the SFSP. The agency will, wtthin 24 hours of receipt from the NSD, advise the vendor of any changes in the food service requirements. NeQotieb/e Orne (reme, but should be no /onQer then 24 hours Time of day or day of week MAY-12-2003 MO~.03:52 PM NUTRITION SERVICES FAX NO. 909 881 8016 p, 02/02 California Department of Edllcation NUlrition ServIces Division Page 3 Program Resources, Education and Pobcy Unit SllIlld",d Agre<mrnl (1/02) 6. Pay the vendor by the ~day of each month the full amo\lllt as presented on tbe monthly-itemized mvoice. Notify the vendor within 48 hours of receipt of any discrepancy in the invoice. Pay the vendor for all meals delivered/picked up in accordance with the agreement. Neither the California Department of Education nor USDA asSume any liability for payment of thc difference between the number of meals prepared. picked up by the agcncy. delivered by the vendor. and the number of meals served by the agency that are eli!;ible for reimbursement. 7. Order only those commodities that can be incorporated mto its meals. The agency shall be responsible for transferring all unused commodities at the close of the SfSP. The agency is responsible for the fair market value of any commodity losses that may occur. 8. Reimburse the vendor for any lost or damaged food transport containers, if agency IS found to be at fault for the damage or Ihe loss of said contain.'tS. The reimbursement rate w1ll bt: equal to the replaceIm.'I1t cost incurred by the vendor. Terms of the Agreement: This agreemeDt will talte effect 011 JUDe 30. 2003 and sball eDd AUl!ust 29. 2003 . bllt no later tban Septcmber 30. It may be termiDated by DotiflcatioD given by cither party with at least 30 days Dotice prior to the date of terminatioD. 'tbe agency sball bave tbe optiOD to caoccl this contracl if tbe federal governmeDt withdraws fllllds to support the SFSP. It is further uDderstood that, In the eveDt of cancellation of tbe contract, the agcncy shall be respollSible for meab tbat have already been assembled, delivered/picked up In accordaoce with this agreement. Enter whlcb menu planning optioll(S) being used: Natiollal School Lunch INSLPl Ia Wltneu whereot', the parties herclo have executed this agreemeat as of the dates indicated below: Vendor omcial Sigqature Agency Official Signature Mobammad Z. Islam Veador Vmcl.1 Name (rlease Iype) Jnditll Valles or Designee Agency UUIClaI Name (rlease Type) Title Mgynr Title Rnfo:~""cC. ~"P'U';"_ &tI....lnictr...+nr Telephone Telepbone Date Date . ' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM '22. Resolution # Abstain ,B- 2oo~3- \3 i Absent -A Meeting Date (Date Adopted): '<r I k--0~S Item # Vote: Ayes \ -'j Nays E- Change to motion to amend original documents: Reso. # On Attachments: ,/ Contract term: .- Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY .>. Date Sent to Mayor: (,-\'t-<>~ Date of Mayor's Signature: <c..n-o ., Date ofClerklCDC Signature: (,,- ae. -0.3 Date'Memo/Letter Sent for Signature: ----""" 60 Day Remincterr:e t on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: ee Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney / Parks & Rec. ./ Code Compliance Dev. Services Police Public Services Water Notes: Null/VoidAfter: \'20 OIMjJ/ 10-1'1'0.3, f By: - Reso. Log Updated: Seal Impressed: ,,-/ ,/ Date Returned: ..- Yes L.. No By-f Yes No.....L.. By , ~ Yes No ,/' By_ Yes No......L- By~ Yes NoL By ; :;/ EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: _ Date: Revised 01/ 12/0 1