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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: October 11, 2002
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. RESOLUTION AUTHORIZING
Subject: 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.
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation & Community Services Dept.
Synopsis of Previous Council Action:
October 3,2001 - Mayor and Common Council approved Resolution No. 2001-307 for the 2001
Year-Round Lunch Program.
Recommended motion:
Adopt Resolution
Contact person: Lemuel P. Randolph
Phone: 384-5032
Supporting data attached: Staff Report & Food Service Agreement Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: $0
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
~ ;lJ-2N)?- 'OS I
Agenda Item No. /5
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
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.
Background:
The year 2002 will mark the eighth 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. The City is providing four (4) sites for the lunch program, which are listed in Exhibit "A"
to the contract. The sites are Boys and Girls Club, Lytle Creek Community Center,
Neighborhood Spirit Center, and Nicholson Community Center. Center personnel will manage
the serving and reporting requirements of the lunch program as a part of their overall activities
and programming. No additional personnel are required. 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, % cup of fruit or
vegetable, 8 oz. of milk, and 1.25 slices of bread daily. It is estimated that 25,000 meals will be
served to needy children, ages 1-18 between November 5, 2002 and June 13,2003.
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.
Recommendation:
Adopt Resolution
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RESOLUTION NO.
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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.
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 the 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
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as fully as though set forth at length.
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SECTION 2. The authorization granted hereunder shall expire and be void
16 and of no further effect if the agreement is not executed by both parties and returned
17 to the Office of the City Clerk within one hundred twenty (120) days following
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effective date of the Resolution.
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1 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO' OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH
2 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO
DELIVERY OF TYPE "A" LUNCHES TO CITY SITES FOR THE DISTRICT'S
3 YEAR-ROUND LUNCH PROGRAM.
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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 , 2002, by the following vote,
to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSENT
ABSTAIN
ESTRADA
LIEN
11 MC GINNIS
12
DERRY
13
SUAREZ
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15 ANDERSON
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MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Atto ey
a
By:
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ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOODSER~CEAGREEMENT
(Twelve-Month)
THIS AGREEMENT, is made and entered into this 4th day of September, 2002, by and
between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter
referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO, hereinafter
referred to as the "CITY."
R E C I TAL S:
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 suhject to United States Department of Agriculture (USDA) Summer Food
Service Program reimbursement availability;
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
I.
Al!reement Term
The term of this Agreement shall be from November 5. 2002, through June 13. 2003,
inclusive, but may be canceled by either party upon the giving of ten (10) days written
notice to the other party. This Agreement may be amended by mutual written consent.
Meals shall not be provided until this Agreement has been signed by the CITY and
returned to the DISTRICT. .
n. 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. Not all locations will initially be receiving food service.
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 r particular site the
minimum number of meals eligible for reimbursement for that location shall be
twenty (20). If 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.
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D.
If a meal is lacking a component, the CITY shaH immediately notifY the
DISTRICT. At its discretion, the DISTRICT may either deliver the missing
component, or there shaH be no charge for the incomplete meal. No charge shaH
be made for meals that are unwholesome according to the standards set by the
Public Health Department of the County of San Bernardino.
E. AH notices, invoices, and other correspondence may be given by
United States mail to the following addresses:
CITY
City of San Bernardino
Parks, Recreation & Comm. Svs.
Lynn Knutson
547 North Sierra Way
San Bernardino, CA 92410
DISTRICT
San Bernardino City
Unified School District
Nutrition Services
1257 Northpark Blvd.
San Bernardino, CA 92407
m. Pavment
A.
The DISTRICT wiH not be paid by the CITY for meals eligible for
reimbursement under the Seamless Summer Feeding Waiver Program. Instead,
the DISTRICT wiH 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 $2.29.
IV. District ResDonsibilities
A. An operational day is a day when the CITY is operating its Community
Centers. The DISTRICT shaH deliver meals each operational day, in the
quantities requested, at a mutuaHy agreed upon time, to the mutuaHy agreed
upon sites, which may be changed from time to time as permitted hereunder.
Food shaH be signed for upon delivery and the time of delivery noted.
B. The DISTRICT shaH be responsible for the temperature and quality of the meals
until the time of delivery to the CITY.
C. The DISTRICT agrees to furnish aH labor and vehicles necessary to transport
said meals from the preparation point to the authorized CITY sites.
D. District shaH maintain aH necessary records on the nutritional components of the
meals and the number of meals provide 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 shaH prepare aH claims for reimbursement under its own
agreement number and submit the prepared claims.
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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 ResDonsibiIities
A. The CITY shall request by telephone 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 :00 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 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.
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.
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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 the CITY
personnel at the site, for the purposes of insuring compliance with this
Agreement.
K.
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 punitive 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
pursuant to this Agreement or for injury to anyone arising out of a negligent act
of the DISTRICT. .
L. 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 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 Emolovment and Housing 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)
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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
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"s.:
Assistant Superintendent
Business Services Division
JUDITH VALLES
Mayor
Date:
Date:
OCT 0 7 ?OO?
ATIEST:
CITY CLERK
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By:
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2002-03 TWELVE-MONTH LUNCH PROGRAM
COMMUNITY CENTER SITE
ADDRESS
Boys & Girls Club
Lytle Creek
Neighborhood Spirit
Nicholson
1180 West 9th Street
280 South "K" Street
. 2204 Sunrise Lane
2750 West Second Street
Exhibit A
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
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November 8, 2002
David S. Bail
Assistant Superintendent, Business Services Division
San Bernardino City Unified School District
777 North "F" Street
San Bernardino, CA 92410
RE: Food Service Agreement
Dear Mr. Bail,
Enclosed are three (3) executed original agreements relating to the delivery of Type "A"
Lunches to City sites for the District's year-round lunch program. I have kept one original
agreement for our files.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
C/J~ ~
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11- 4-02. Item # \ S
Vote: Ayes 1-") Nays -e-
Change to motion to amend original documents: -
Resolution # '200 Z - "3 $' I
Abstain ..G-- Absent ,.(;)-
Reso, # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -===-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulllVoid After: 120 OAjS./3-4-b::'>:,
By:-
Date Sent to Mayor; 11- 5 -() :l-
Date of Mayor's Signature; tI-lc-() #
Date ofClerk/CDC Signature: I \~f)-O).-
Reso. Log Updated: ...--
Seal Impressed: /
Memo/Letter Sent for Signature:
60 Day Remin er 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached;
See Attached:
Date Returned; ~
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);
es L.- No By
Yes No~ By
Yes No ,/ By
Yes No ~ By
Yes No B
Copies Distributed to:
V
City Attorney
Parks & Rec, V
Code Compliance Dev, Services
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
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: m{ Date; llJ '61 a/"
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Revised 01/12/01