The URL can be used to link to this page

Home My WebLink About18-Parks & Recreation C.ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Annie F. Ramos, 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 FOR THE CITY'S YEAR- ROUND LUNCH PROGRAM. Dept: Parks, Recreation & Community Services Dept. OR " ("\ I~ I ~ L U'..f.lnj~ Date: September 12, 000 Synopsis of Previous Council Action: July 6, 1999 - Mayor and Common Council approved Resolution No. 1999-164 for the 1999 Year-Round Lunch Program. Recommended motion: Adopt Resolution ~A<( ?</~ Signature Contact person: John A. Kramer Phone: 384-5031 Supporting data attached: Staff Report & Food Service Agreement Ward: City-Wide FUNDING REQUIREMENTS: Amount: $0 Source: (Accl. No.) (Accl. Description) Finance: Council Notes: 10/ a..JbO 09/12/00 Agenda Item No. I g 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 for the City's Year-Round Lunch Program. Backeround: The year 2000 will mark the sixth consecutive year that the City will participate in the Year- Round Lunch Program for Youth. This program provides meals to children who are off-track while in attendance at City Community Centers or the Neighborhood Spirit Center. 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 45,000 meals will be served to needy children, ages 1-18 between September 11,2000 and June 15,2001. Financial Imoact: 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 9-12-00 dlb . . . . ~(g~V I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH 3 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND LUNCH 4 PROGRAM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of said City an agreement with the San Bernardino City Unified School District 9 relating to delivery of Type A lunches to the City's year-round lunch sites, a copy of which is attached 10 hereto, marked Exhibit" A" and incorporated herein by reference as fully as though set forth at length. II SECTION 2. The authorization granted hereunder shall expire and be void and of no further 12 effect if the agreement is not executed by both parties and returned to the Office of the City Clerk 13 within 90 days following effective date of Resolution. 14 /II IS /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 1/1 24 /II 25 /II 26 /II 27 /II 28 /II 1Ct), It ID/2/00 . . 26 27 . 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH 2 THE SAN BEIUI/ARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND LUNCH 3 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, 6 held on the , 2000, by the following vote, to wit: day of 7 COUNCIL MEMBERS: 8 ESTRADA 9 LIEN 10 MCGlNI'o.'lS 11 SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK I 15 16 17 18 19 NAYS ABSTAIN ABSENT AYES CITY CLERK The foregoing Resolution is hereby approved this __ day of ,2000. 20 21 22 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 23 legal content: 24 JAMES F. pENMAN, City Alto y 1 25 ! By. v San Bernardino City Unified School District Arturo Delgado, Ed.D., Superintendent David S. Bail, Assistant Superintendent, Business Services y--~... '" There's No Better Place To Learn TRANSMITTAL TO: Lynn Knutson City of San Bernardino Parks, Recreation & Conun. Svs. 547 North Sierra Way San Bernardino, CA 92410 September 7, 2000 RE: Agreement! Food Service Agreement with the City of San Bernardino for Its Year Round Amendment: Lunch ProlITam _f"'!W'lli,,~_~cc'."1 - _ -'" -- _ " -W;;\7~..;:f<-, '~';:r"_'r,;;}'!."^_ ~- ~~;"" " -'~;<;i~:- ,k-AI",' ;~~;"""'-; ,~:_, ,-'~,~~~">/'i23~&" 'i - ,<< ';'l"rai'iur:<: _. - - ''''., ]:"o...L.'C,,;;:.\ -~'.:.:_:>) I Documents Enclosed: ,. Please Return Documents to: San Bernardino City Unified School District Nutrition Services Attn: James S. Cunningham 1257 Northpark Blvd. San Bernardino, California 92407 IIfj - BUSINESS SERVICES DIVISION Nutrition Services. 1257 Northpark Blvd. . San Bernardino, CA 92407 . (909) 881-8000 . Fax (909) 881-8016 I . . . ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "P" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Twelve-Month) THIS AGREEMENT, is made and entered into this 16th day of August, 2000, 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, is willing to provide such service to the CITY subject to United Stales 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 September 5. 2000, through June 15. 2001, 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. 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. 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 a 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. 1 . 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 wholesome 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: III. Payment A. . QIY 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 The DISTRICT will not be paid by the CITY for meals eligible for reimbursement under the Summer Food Service 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 n.n for lunch plus allowable administrative costs plus a percentage rate of food and supplies. Any meals provided to the CITY which do not qualify for reimbursement or are not served shall be billed to the CITY at the current reimbursement rate. 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 agrees to make every effort to deliver meals at the time specified. In event of mechanical breakdown, act of God, emergency. or other situation which may delay delivery, the District shall notify the Center of the delay as soon as possible, and shall advise of estimated delivery time. No charge shall be made for meals which are delivered more than two (2) hours after the normal delivery time. . D. C. The DISTRICT shall be responsible for the temperature and quality of the meals until the time of delivery to the CITY. The DISTRICT agrees to furnish all labor and vehicles necessary to transport said meals from the preparation point to the authorized CITY sites. 2 [ . E. The 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. F. 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. G. The DISTRICT shall prepare all claims for reimbursement under its own agreement number and submit the prepared claims. V. CITY ResDonsibilities . . A. The CITY shall request by telephone no later than 2:00 p.m. on the operational day preceding the operational day the meals are 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 11 :00 a.m. on the operational day following the operational day of delivery. The CITY shall pay the cost' of necessary repair or replacement of any reusable DISTRICT equipment damaged as a result of use by the CITY. C. The CITY will immediately notify the DISTRICT, if a meal is lacking a component. The DISTRICT may deliver the missing component. 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. If the CITY has contracted for more food than it is able to consume, it shall not be entitled to any credit on said items from future food orders and the CITY shall bear the costs of any meals which do not qualify for reimbursement. 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. 3 . 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 CITY and its employees will comply with the requirements set forth in the "USDA Summer Food Service Program for Children - 2000 Administrative Guidance for Sponsors." The DISTRICT shall have the right to make Oil-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 from whose acts CITY is legally liable. Said indemnification shall include court costs; expenses oflitigation; reasonable attorney's fees; and any and all sums awarded by a court of competent jurisdiction, including punitive damages for said defective or spoiled food, 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 DISTRICT agrees to similarly indemnify and hold harmless the CITY from any liability, claim, suit, judgment or settlement, including court costs, expenses of litigation and reasonable attorney's fees, resulting from work or acts done or omitted by the DISTRICT, its officers, employees, and agents in carrying out its responsibilities under this Agreement. M. Tni': CITY certifies it will not discriminate, as hereby certified, on the basis of race, color, national origin, sex (including sexual harassment), handicap (or disability), religion, or age in any of its policies, procedures, or practices in compliance with: 4 I . . . . Title VI and VII of the Civil Ri~hts 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 A~e 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 ,~~~y -DAVID S. BAIL - Assistant Superintendent Business Services Division JUDITH V ALLES Mayor Date: Date: SEP 0 6 ?nnn ATTEST: CITY CLERK Approved as to form and legal content: By: 5 Exhibit A . 2000-01 TWELVE-MONTH LUNCH PROGRAM COMMUNITY CENTER SITE ADDRESS Boys & Girls Club 1180 West 9th Street Delmann Heights 2969 North Flores Street Johnson Hall 906 North Wilson Lytle Creek 280 South "K" Street Nicholson 2750 West Second Street Neighborhood 2204 Sunrise Lane . . 6 October 6, 2000 James S. Cunningham San Bernardino City Unified School District Nutrition Services 1257 Northpark Boulevard San Bernardino, CA 92407 Dear Mr. Cunningham, Enclosed are two signed agreements between the City of San Bernardino and the San Bernardino City Unified School District for delivery of Type A lunches for the City's year-round lunch program. I am forwarding this agreement to you for your files. If you have any questions, please call me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 6, 2000 TO: Annie F. Ramos, Director FROM: Michelle Taylor, Senior Secretary RE: Resolution 2000-300 - Executed Agreement CC: Finance Attached is the signed agreement between the City of San Bernardino and the San Bernardino City Unified School District for delivery of Type A lunches for the City's year-round lunch program. I am forwarding this document to you for your files. If you have any questions, please call me at ext. 3206. .' . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I Cil- Z -00 Item # \ i!: Vote: Ayes I ?,- " Nays e I Change to motion to amend original documents: - Resolution # '7c:ro - ~()(') Abstain.er Absent Z. Reso, # On Attachments: /' Contract term: Date Sent to Mayor: I 0 -4-00 Date Returned from Mayor: Date of Clerk's Signature: 'It:> -:5 -W Reso, Log Updated: 10 -q-(P / Date Memo Sent to Department for Signature: ,- See Attached: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: NullNoid After: 12."2<\-00 Date of Mayor's Signature: IO",,\-CXJ V- Seal Impressed: Date Returned: - See Attached: -= Date Returned: '- See Attached: -= See Attached: ~ Note on Resolution of Attachment stored separately: -=- Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: 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 v'" Parks & Rec. ,/' Code Compliance Dev. Services Police Public Services Water Notes: gmo '2 ()~0I(1Clls '1:> S&:i.150 WH:.r, ~1<Jt1d) - See Attached: - Yes / No By Yes No ./ By - Yes No v By - Yes No ./ By Yes No/ 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: If!' Date: lO'(",CO