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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ORIGINAL
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.
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation & Community
Services Dept.
Date: July 29, 2003
Synopsis of Previous Council Action:
June 3, 2002 - Mayor and Common Council approved Resolution No.2002-l53 for the 2002
Year-Round Lunch Program.
MICC DATE: August 18, 2003
Recommended motion:
Adopt Resolution
11
z:;/ilpt
/ Signature
Contact person: Lemuel Randolph
Phone: 384-5030
Supporting data attached: Staff Report & Food Service Agreemeot
Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: $0
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
~ ~2CD3~ 234
Agenda Item No.
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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.
Backl!:round:
The year 2003 will mark the ninth 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 01'1'-
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 25,000 meals will be served to needy children, ages 1-18 between September 2, 2003 and
June 11, 2004.
Financial Impact:
No City general funds are required for the operations of this program.
Bernardino City Unified School District program will be funded from a
U.SDA
The San
grant by
Recommendation:
Adopt Resolution
1
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t~~Y
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO
EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
4 SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES
5 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,
14 marked Exhibit "An and incorporated herein by reference as fully as though set forth at
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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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2003, by the following
day of
meeting thereof, held on the
vote, to wit:
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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.
COUNCIL MEMBERS
NAYS
ABSENT
AYES
ABSTAIN
ESTRADA
LIEN LONGVILLE
MC GINNIS
DERRY
SUAREZ
ANDERSON
Me CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2003.
JUDITH V ALLES, MAYOR
City of San Bernardino
Approved as to fonn
And Legal content:
James F. Penman
City Attorney
"
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ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Twelve-Month)
THIS AGREEMENT, is made and entered into this 24th day of June, 2003, 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.
Aereement Term
The term of this Agreement shall be from SePtember 2, 2003, through June 30, 2004,
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.
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.
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
$2.29.
.
IV.
District Responsibilities
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.
Co 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
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
.'
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by the DISTRICT. its officers, employees, and agents. on canying 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. Enors 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
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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.
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.
IX.
Special 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 Employment 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)
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
S HOOL DISTRICT
1:;~
JUDITH V ALLES
Mayor
M MMAD Z. ISLAM
Assistant Superintendent
Finance and Facilities
Date:
Date:
~ - (') -0.)
ATTEST:
CITY CLERK
Approved as to form and legal content:
. JAMES F. PENMAN, City Attorney
By: Lf./~
o
.
ANERNARD{NO CiTY
UNIFIED SCHOOL DISTRICT
Arturo Delgado, Ed.D.
Superintendent
July 18, 2003
City of San Bernardino
Parks, Recreation & Comm. Svs.
547 North Sierra Way
San Bernardino, CA 92410
Attn: Lynn Knutson
Ms. Knutson,
Enclosed you will find three copies ofthe food service agreement between San
Bernardino City Unified School District and the City of San Bernardino. Please
have all three copies signed and return two copies to me.
Sincerely,
1
o/aU'7h jJ (:YICVM
Laura A Breuer
Nutrition Services Business Manager
San Bernardino City Unified School District
NUTRmON SERVICES DEPARTMENT
1257 Northpark Blvd., San Bernardino, CA 92407. (909) 881-8000 . Fax (909) 881-8016
@sbcusd.k12.ca.us
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.ci.san-bernardino.ca.lis
C,M
August 20, 2003
Ms. Laura A. Breuer
Nutrition Services Business Manager
San Bernardino City Unified School District
1257 Northpark Boulevard
San Bernardino, CA 92407
Dear Ms. Breuer,
Per your request, I am returning two fully executed copies of the food service agreement between
San Bernardino City Unified School District and the City of San Bernardino. I have retained one
copy for our files.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely, de
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(;.
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 21, 2003
TO:
Lynn Knutson, Recreation Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-234 - Food Service Agreement
CC:
Attached is a fully executed copy of the food service agreement between the San Bernardino
City Unified School District and City of San Bernardino. The original agreement is on file in the
City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 75' \ /{-o:S Item # 1(",
Vote: Ayes \- (.. Nays-er
Resolution # "Z bO ::5 - 234
Abstain -0 Absent ')
Change to motion to amend original documents: -
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: &-- \ '1-<':'3
Date of Mayor's Signature: 1;, \'t-03
Date of ClerklCDC Signature:
I( ~ 2.6 <..:>..3
Date Me er Sent for Signature:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See 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 V
Parks & Rec. /
Code Compliance Dev. Services
Police Public Services Water
Notes:
NullNoid After: l?() i)A^j~ J 1'2 -!f,-(:3
,
By: -
Reso. Log Updated:
Seal Impressed:
,-----
,~
Date Returned: -
Yes ./ No By
-
Yes No~ By
Yes NOL By
Yes No / By
Yes No/
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 IContract Term, etc,)
Ready to File: ~
Date:
Revised 01/12/01