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. ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: May 17,2005
Subject: RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CiTY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR 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.
MICC DATE: June 6, 2005
Synopsis of Previous Council Action:
October 4, 2004 - Mayor and Common Council approved Resolution No.2004-315 for the
2004/2005 Year-Round Lunch Program.
Recommended motion:
Adopt Resolution.
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Signature
Contact person: Lynn Knutson
Phone: 384-5006
Supporting data attached: Staff Report & Food Service Agreement
Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: $0
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor 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.
Backe:round:
The year 2005 will mark the eleventh 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 while in attendance at City Community Centers. 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 30,000 meals will be
served to needy children, ages 1-18 between July 1, 2005 and June 30, 2006.
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 seamless rollover
grant by U.S.D.A. for the School District's School Lunch Program.
Recommendation:
Adopt Resolution.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 10, 2005
YOUR COPY
TO:
Lynn Knutson
Parks, Recreation & Community Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-139
At the Mayor and Common Council meeting of June 6, 2005, the City of San Bernardino
adopted Resolution No. 2005-13950 - Resolution authorizing the Mayor 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.
Attached is an original Lease and two (2) duplicate original Leases. Please obtain signatures in
the appropriate locations and return the ORIGINAL Lease to the City Clerk's Office as soon as
possible, to my attention. Please keep the remaining two (2) fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within 120 days from the date of adoption, or returned to our office by August 30, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Signed:
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Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Date:
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BER.~ARDINO AUTHORIZING THE MAYOR 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.
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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
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I City Clerk within 120 days following effective date of the Resolution.
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18, 2005.
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')2' I Approved as to form
- I And Legal content:
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James F. Penman
24 I City Attorney
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY LNIFIED
SCHOOL DISTRICT RELATING TO DELIVERY OF TYPE A LUNCHES TO CITY
SITES FOR THE DISTRICT'S YEAR~ROUND LUNCH PROGRAM.
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN ABSEI\T
ESTRADA
LONGVILLE
MC Gl1\TNIS
DERRY
KELLEY
JOHNSON
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
JUDITH VALLES, Mi\. YOR
City of San Bernardino
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RESO year round lunch
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Request To Enter Into Agreement Form (REAF)
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All areas must be comDleted or REAF will be returned to vour site. REAF must be turned into the
PurchasinalContracta DeDartmtint four (4) weeks Ddor to the intended Board Meetina.
This form must be Drinted out. sianed and sent in to Purchasina.
Please choose one: 0 New
o Amendment I:g] Renewal REAF Creation Date:
I. Information on Requesting Party
1.
Department or site requesting services:
Nutrition Services
Department Head or Principal: Signatur~ of Departme~r prinCiPa. I:
Name: Adriane Robles CtrAMJ'i A ^ (J) <<t-
Phone' number of contact person (and name if different than person on line 2 above):
(909) 881-8008 ext.229 Name: Jodi Yager
2.
3.
II. Vendor Information
1. Vendor Name:
Address:
City of San Bernardino Parks, Recreation and Community
Services
547 North Sierra Way
San Bernardino, Ca. 92410
(909) 384 - 5006 ext.
Lynn Knutson
Phone No.:
Authorized contact person:
III.
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Contact information
1. Effective Dates of agreement/amendment:
Services may not begin prior to Board approval, receipt of all required
documentation, and issuance of P.O. Allow a minimum of two (2) weeks after
Board approval for start date.
I Start date: 07/01/2005 End date: June 20, 2006
2. Details of services to be performed or scope of work (attach any proposals, letters, etc.)
Nutrition Services to provide food service to the City of San Bernardino for its Year Round
Lunch Program.
IV. Payment and Funding: If monetary costs are associated with this agreement, complete items 1 through 5.
(Please note: The District will not pay any fees in advance and will NOT pay separate amounts for travel or
other expenses associated with the agreement/contract.)
1. Payment amount: $_
o hourly 0 daily rate 0 monthly 0 per student 0 Other: _
2. Billing frequency: 0 monthly 0 quarterly 0 annually 0 Other: _
3. Total cost of agreement: $_
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4. Funding source:
Management Code _ (for Board write up)
Fund
Cost Center
GIL Account
Functional Area
5. SAP Purchase Requisition number: _
Please attach any other pertinent facts on the vendor such as proposals or biographical information.
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Food Service Agreement with the City of San Bernardino for its Year Round Lunch
Program
(Prepared by Business Services Division)
The Nutrition Services Department requests Board of Education approval to enter into a food service
agreement with the City of San Bernardino for its year-round lunch program at five community center
sites, effective July 1, 2005 through June 30, 2006. 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 30'" of each year. Written notice of changes to terms and
conditions may include, but are not limited to, price, locations(s) and number of meals served.
The sites are staffed by City employees who serve the lunches~ The District includes the lunches served
at these sites in its United States Department of Agriculture (USDA) reimbursement claims for
funding. The District will receive reimbursement for meals provided at the federal r~bursement rates
for the Seamless Summer Feeding Waiver Program, currently $2.40 per lunch. The lunches will meet
USDA Type A requirements and will include milk, straws, napkins, sporkettes and trays~ There is no
cost to the District.
Education Code Section 39872 authorizes the sale offood only to pupils, employees, and Board
members of a school district, unless the Governing Board authorizes an exemption. An exemption is
requested for the City of San Bernardino for the lunches, for which the City pays, for the duration of
this agreement upon formal resolution of the Board.
It is recommended that the following resolution be adopted:
BE IT RESOLVED that the Board of Education ratifies entering into a food service agreement with
the City of San Bernardino for its Year Round Lunch Program at five community center sites, effective
July 1,2005 through June 30, 2006. 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 30'" of each month. Written notice of changes to terms and conditions may include, but
are not limited to, price, locations(s) and number of meals served. The District will receive
reimbursement for meals provided at the federal reimbursement rates for the Seamless Summer
Feeding Waiver Program, currently $2.40 per lunch. There is no cost to the District.
BE IT ALSO RESOLVED that the City of San Bernardino be exempted from the provisions of
Education Code Section 39872 for the duration of the Food Service Agreement for a year-round lunch
program~
BE IT FURTHER RESOLVED that the Board of Education authorizes Mohammad Z. Islam,
Assistant Superintendent, Business and Finance, to sign said agreement.
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Exhibit "A"
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT30
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Year Round)
THIS AGREEMENT, is made and entered into this 18th day of May, 2005, 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 subject 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 Julv I. 200S, through June 30. 2006, 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 CITY has signed this Agreement and returned to the DISTRICT. 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 301h 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 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.
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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 & 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
III, Pavrnent
IV.
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 $2.40.
District Resoonsibilities
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 furnish all labor and vehicles necessary to transport said meals
from the preparation point to the authorized CITY sites,
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
number and submit the prepared claims.
agreement
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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 ResDonsibilities
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 11:00 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.
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.
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IX.
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.
VIII 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 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 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 Housinl! 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.
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L'l WITNESS WHEREOF. the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
JUDITH V ALLES
Mayor
Date:
ATTEST:
CITY CLERK
Approved as to fonn and legal content:
By:__
SAN BER.1'IjARDINO CITY UNIFIED
SCHOuL DISTRJCT
MOHAMMAD Z. ISLAM
Assistant Superintendent
Business and Finance
Date:
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Exhibit A
2005-06 YEAR ROUND LUNCH PROGRAM
COMMUNITY CENTER SITE
ADDRESS
Boys & Girls Club
Lytle Creek
Hernandez Community Center
Ruben Campos Community Center
Center for Individual Development (CID)
1180 West 9th Street
280 South "K" Street
222 N. Lugo
1717 W. Fifth Street
8088 Palm Lane
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ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRlCT30
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Year Round)
THIS AGREEMENT, is made and entered into this 18th day of May, 2005, 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"
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;
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
I.
A2reement Term
The term of this Agreement shall be from Julv I. 2005, through June 30, 2006, inclusive, but may
be canceled by either party upon the giving of ten (to) days written notice to the other pany.
This Agreement may be amended by mutual written consent. Meals shall not be provided until
this CITY has signed this Agreement and returned to the DISTRICT. 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 panies by June 30'" 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 meal shall comply with Type "A" requirements set by the United States Depanment
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 panicular 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
panicular site the minimum number of meals eligible for reimbursement for that location
shall be twenty (20). If the panicular 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 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 & 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
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 $2.40.
IV.
District Resoonsibilities
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 furnish all labor and vehicles necessary to transport said meals
from the preparation point to the authorized CITY sites.
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
number and submit the prepared claims.
agreement
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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 Resoonsibilities
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 11:00 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.
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.
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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.
VIII Hold Harmless
The CITY agrees to indemnify and hold harmless the DISTRICT and its depanments, 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: coun costs; expenses of litigation; reasonable attorney's fees; and any and
all sums awarded by a coun 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 pursuant to this Agreement or for injury to anyone arising
out of a negligent act of the DISTRICT.
IX,
Special Provisions
The CITY cenifies it will not discriminate on the basis of race, color, national onglO, 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 Ri2hts Act of 1964. as amended
(penaining to race, color, national origin, and religion);
Title IX of the Education Amendments of 1972
(penaining to sex);
Section 504 of the Rehabilitation Act of 1973
(penaining to handicap);
The A2e Discrimination Act of 1975
(penaining to age);
The Fair EmDlovment and Housin2 Act of 1980
(penaining 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
(penaining to disability)
This non-discrimination policy covers admission and access to, and treatment and employment
in, the DISTRICT'S programs and activities.
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IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
JUDITH VALLES
Mayor
MOHAMMAD Z. ISLAM
Assistant Superintendent
Business and Finance
Date:
Date:
A ITEST:
CITY CLERK
Approved as to form and legal content:
By~L
S ('<"'d ,. Ct..,.. Se I
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Exhibit A
2005-06 YEAR ROUND LUNCH PROGRAM
COMMUNITY CENTER SITE
ADDRESS
Boys & Girls Club
Lytle Creek
Hernandez Community Center
Ruben Campos Community Center
Center for Individual Development (CID)
1180West 9th Street
280 South UK" Street
222 N. Lugo
1717 W. Fifth Street
8088 Palm Lane
i
...
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Moeting D.te (Dote Ad~)' b' Ie,- 0) Item'
Vote: Ayes -I:- Nays
Change to motion to amend original documents D
Null/Void After: 1;;-0 days /
Resolution # On Attachments: D
PUBLISH D
POST D
d-D Resolution # df;O S- -l :? q
Abstain Absent
Companion Resolutions
--
8*~5
Note on Resolution of attachment stored separately: D
RECORD W/COUNTY D
By:
Date Sent to Mayor: (p " 1, () 5 _
Date of Mayor's Signature: c,,,r,.Os _
Date of Clerk/CDC Signature: Co,. rg r 0("
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Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Reso. Log Updated:
Seal Impressed:
~
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
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):
Yes~NO~BY_
Yes NO......~_
Yes No By_
Yes NO~y_
Yes NO~_
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Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
D
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D
D
EDA D Information Services ~/
Facilities D Parks & Recreation
Finance D Police Department D
Fire Department D Public Services D
Human Resources D Water Department D
Notes:
Ready to File:
//
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Date:
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum . . ..> Etl.w
CITY CLERK'S OFFICE neElVee...errv et. . Aft
Records and Information Management (RIM) Prpgram .
.. JIt 15 110:39
DATE:
June 10, 2005
TO:
Lynn Knutson
Parks, Recreation & Community Services Departm~nt
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-139
At the Mayor and Common Council meeting of June 6, 2005, the City of San Bernardino
adopted Resolution No. 2005-13950 - Resolution authorizing the Mayor 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.
Attached is an original Lease and two (2) duplicate original Leases. Please obtain signatures in
the appropriate locations and return the ORIGINAL Lease to the City Clerk's Office as soon as
possible, to my attention. Please keep the remaining two (2) fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract wiD be null and void if not executed
within 120 days from the date of adoption, or returned to our office by August 30, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
Date:
ledge receipt of the above mentioned documents.
Please sign aftdretura