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HomeMy WebLinkAbout15-Parks & Recreation : "'el. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: October 11, 2002 0,... ,- ." 'L t ~ ~\... 1 . "4 ~ . 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 1/ / if I~;).. . L '" . 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 e 1 2 3 4 5 6 7 8 9 10 11 12 e 21 III 22 III 23 III 24 /II 25 III 26 /II e 27 III 28 ( \"--, l. -- RESOLUTION NO. - '\ (' Lf 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 13 as fully as though set forth at length. 14 15 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 18 19 20 effective date of the Resolution. III i--U e e e 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. 4 5 6 7 8 9 10 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 14 15 ANDERSON 16 17 18 19 20 21 22 23 24 25 26 27 28 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: .. . e e e 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. e e e 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. e e e 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. e I. e e 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) e e e 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 ~-~ "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: e e e 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 " .' , ... 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 '" 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 " .'11.- .....f ** 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/" , Revised 01/12/01