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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
July 15,2002
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SUbject: RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT
RELATING TO DELIVERY OF LUNCHES
AND SNACKS TO DELMANN HEIGHTS
HEADST ART CENTER.
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation & Community
Services Dept.
MICC MEETING DATE: June 17,2002
Synopsis of Previous Council Action:
Resolutions have been approved by the Mayor and Common Council since April 1983 to
establish Agreements between the City and School District for delivery of lunches and snacks to
the City's Delmann Heights Headstart Center.
Resolution 2001-196 was approved for the 2001-02 school year.
Recommended motion:
Adopt Resolution
Signature
Contact person:
Tom Boggs
Phone: 384-5031
Supporting data attached:
staff report, and Resolution
Ward: 6
FUNDING REQUIREMENTS:
Amount: No City funds involved
Source: (Acct. No.)
(Account Description)
Finance:
Council Notes:
(<eo PdOod- dS1
Agenda Item No.
110
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing the execution of an agreement relating to delivery of lunches and
snacks to Delmann Heights Headstart Center.
Backe:round
The Parks, Recreation and Community Services Department has provided a Headstart
Program at Delmann Heights Community Center since 1978 with an agreement with San
Bernardino City Unified School District to provide lunches and snacks. This program
currently accommodates 30 morning and 30 afternoon preschoolers, ages 3-5, and runs
September through June.
This proposed agreement includes a $.07 increase for Student Type A Lunches (from
$1.95 to $2.02) and an increase of $.04 for Schedule B Snacks (from $.45 to $.49).
Lunches include milk, entree, fruit or dessert. Schedule B snacks consist of fruit or juice
and crackers.
These increases are due to an increase in the service provided by the school district which
includes furnishing milk, straws, utensils and napkins.
Financial Imnact
The program is fully funded through a Federal Headstart Grant which was approved on
Resolution 2002-154, June 3, 2002.
Recommendation
Adopt Resolution.
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REsOLUTION NO.
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 AND
SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER.
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 the delivery of Type A Lunches and
Schedule B Snacks to City's Delmann Heights Headstart Center, for the term of one year and to
provide the student .lunches at two dollars and two cents ($2.02) and the snacks at forty-nine
cents ($.49) each, 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 shaIl 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 one hundred twenty (120) days following the effective date of the resolution.
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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 AND
SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER.
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
ABSTAIN ABSENT
ESTRADA
LIEN
MC GINNIS
DERRY
SUAREZ
DEAN ANDERSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
,2002.
JUDITH VALLES, MAYOR
City of San Bernardino
Approved as to form
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
(Fiscal Year)
THIS AGREEMENT, is made and entered into this 1st day of July, 2002, by and between
the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred
to as the "DISTRICT," and CITY OF SAN BERNARDINO, for its Delmann Heights
Headstart Center, hereinafter referred to as the "CITY."
R E C I TAL S:
WHEREAS, the CITY desires to have Type A lunches and Schedule B snacks provided for its De1rnann
Heights Headstart Center; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed lunches, and the DISTRICT is
willing to provide such service to the CITY on a cost reimbursement basis;
NOW, THEREFORE, the DISTRICT and. the CITY mutually agree as follows:
1.
Al!reement Term
The term of this Agreement shall be from July I. 2002, through June 30. 2003,
inclusive, but may be canceled by either party upon the giving of sixty (60) days
written notice to the other party. 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 30th 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 lunch shall comply with Type "A" requirements set by the United
States Department of Agriculture for the National Student Lunch
Program for students' nutritional needs. The contents of the menus shall
contain such items as are necessary to meet these requirements.
B. Lunches shall include: milk, straws, utensils, napkins and trays.
C. All notices, invoices, and other correspondence may be given by United
States mail to the followmg addresses:
CITY
City of San Bernardino
Parks, Recreation &
Community Services Department
Attn: Andy Brown
547 North Sierra Way
San Bernardino, CA 92410
(909) 384-5417
DISTRICT
San Bernardino City
Unified School District
Nutrition Services
1257 Northpark Blvd.
San Bernardino, CA 92407
(909) 881-8000
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III.
Pavment
A. The cost to the CITY for Type A lunches and Schedule B snacks is as
follows:
Student Lunch:
Schedule B Snacks:
Adult Lunch
$2.02
$0.49
$2.07
Said rates shall be subject to a proportionate increase in the event of a
reduction in Federal reimbursement and/or subsidies.
IV. District Responsibilities
A. The DISTRICT will prepare and deliver Type A lunches and Schedule B
snacks, including frozen products as required by menu, at or before the
lunch hour each operational day when children are present at the
CITY'S location, in accordance with the number of meals requested for
that day.
B. The DISTRICT will be responsible for the temperature and quality of the
lunches until the time of delivery.
C. The DISTRICT agrees to pick up transport carts on the operational day
after the operational day of delivery.
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D.
The DISTRICT will present the CITY with an itemized invoice the
twentieth day of each month for the previous month's deliveries.
E. The DISTRICT assumes all liability for proper use and protection of
surplus commodities assigned to it by the CITY.
F. The DISTRICT agrees to provide the CITY with a monthly menu one
week prior to the beginning of the period covered by said menu.
G. The DISTRICT will maintain all necessary records on the nutritional
components of the lunches and the number of lunches delivered to the
CITY and make said records available for inspection by State and
Federal authorities upon request.
H. The DISTRICT hereby agrees to indemnify and hold the CITY harmless
for any loss, liability, claim, suit or judgment, resulting from work or
acts done or omitted by the DISTRICT, its departments, agents, officers,
and employees in carrying out this Agreement
V.
Citv Responsibilities
A. The CITY understands they are to request by telephone, no later than
2:00 p.m., on the operational day preceding the operational day of
delivery, an accurate number oflunches to be delivered to the Headstart
Center. The DISTRICT shall use the last count received in the event the
CITY fails to notify the DISTRICT in a timely manner the number of
meals needed. Errors in count called in shall be the responsibility of the
CITY.
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B.
The CITY ensures that an individual is available at the Headstart Center
between 8.00 a.m. and II :00 a.m. each operational day to receive the
requested number oflunches.
C. The CITY is to provide personnel to serve lunches, clean the serving and
eating areas, remove all food from transport carts and pans, and
assemble empty transport carts 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.
D. The CITY will provide an annual calendar of its operational days and
holidays/non-operational days, to the DISTRICT in advance of any
deliveries made under this Agreement. The CITY shall also advise the
DISTRICT by telephone at least three (3) operational days in advance of
any non-operational day, to assure that lunches are not delivered on non-
operational days.
E. If applicable, the CITY shall establish collection procedures that are in
accordance with State and Federal regulations relating to the overt
identification of needy pupils and keep accurate records of the number
of free, reduced price, paid and adult lunches served daily.
F.
If applicable, the CITY will prepare all claims for reimbursement under
its own agreement number, receives and approve all free and reduced
pnce meal applications, and maintain all necessary records to
substantiate the above items.
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G. The CITY will assign to the DISTRICT all commodities for which the
CITY is entitled for its Headstart Center and the liability for use of such
commodities.
H. The CITY agrees to pay the DISTRICT by the fifteenth of each month
the full amount as presented on the monthly-itemized invoice.
I. The CITY shall bear the sole responsibility to properly care for all
perishable food items after they have been delivered to the delivery site
by the DISTRICT until the time of ultimate consumption.
J. The CITY shall bear the cost of any losses resulting from theft
or improper storage once the food or lunches are received or delivered to
authorized CITY personnel; the CITY assumes the responsibility to
dispose of such and return no food items. If the CITY has ordered more
food than it is able to consume, it shall not be entitled to any credit on
said items from future food orders.
K.
The CITY hereby agrees to indemnify and hold the DISTRICT harmless
for any loss, liability, claim, suit, or judgment, resulting from work or
acts done or omitted by the CITY, its department, agents, officers, and
employees in carrying out this Agreement
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VI.
Snecial Provisions
The CITY certifies it will not discriminate, as hereby certified, on
the basis of race, color, national origin, ancestry, sex (including sexual
harassment), marital status, handicap, disability, medical condition,
religion, or age in any of its policies, procedures, or practices 10
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 EtnDlovrnent 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
l:l-S.;l'
ANNIE F. RAMOS
Director
Parks, Recreation and Community Services
Assistant Superintendent
Business Services Division
Date:
Date: oIll 0 9 2002
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By: L ) fe-,~
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UNIFIED SCHOOL DISTRICT
Arturo Delgado, Ed.D.
Superintendent
David S. Bail, Assistant Superintendent, Business Services
TRANSMITTAL
TO:
Andy Brown
City of San Bernardino Parks, Recreation
& Community Services Department
547 North Sierra Way
San Bernardino, CA 92410
July 15,2002
RE:
Agreement!
Amendment:
Food Service Agreement with the City of San Bernardino Parks, Recreation
& Communi Services De artment
Please Return Documents to:
San Bernardino City Unified School District
Nutrition Services
Attn: James S. Cunningham
1257 Northpark Blvd.
San Bernardino, California 92407
NUTRITION SERVICES DEPARTMENT
1257 Northpark Blvd., San Bernardino, CA 92407. (909) 881-8000 . Fax (909) 881-8016
San Bernardino City Unified School District
CERTIFICATION OF MINUTES
The Board met in regular session on the 4th day of June 2002, at the usual meeting place thereof.
The meeting was called to order at 5:30 p.m.
Members present:
Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager
Members absent:
None
The adoption of the following resolution and order was moved by Member Brown, seconded by
Member Savage, and a vote being taken, the said resolution and order was adopted by the
following votes of members present at that time.
AYES:
Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager
NOES:
None
BE IT RESOLVED that the Board of Education exempts the City of San Bernardino from the .
provisions of Education Code Section 39872 under the Food Service Agreement to allow provision
of food and services to pupils and adults at its Delmann Heights Headstart Center for the duration of
the agreement and any extension thereof.
BE IT ALSO RESOLVED that the Board of Education approves entering into a Food Service
agreement with the City of San Bernardino to provide food and related services to its Delmann
Heights Headstart Center, effective July 1,2002, through June 30, 2003, per terms of the agreement,
at no cost to the District. This agreement may be extended or modified by written amendment, one
year at a time, up to a total of three years, subject to the terms and conditions agreed upon by both
parties by June 30 of each subsequent year.
BE IT FURTHER RESOLVED that the Board of Education authorizes David S. Bail, Assistant
Superintendent, Business Services Division, to sign said agreement.
I, ARTURO DELGADO, Secretary ofthl" Governing Board of the San Bernardino
City Unified School District hereby certify that the foregoing is a true and correct copy of a
resolution duly made, adopted, and entered in the Board minutes of the Governing Board of the
San Bernardino City Unified School District on the 4th day of June 2002.
Dated: June 5, 2002
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Secretary of the Board of Ed
Agenda Item 11.31
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CITY OF SAN BERN ARDINOfteCeIVED_ctTY CLERK
Interoffice Memorandum
CITY CLERK'S OFFICE . ..
Records and Information Management (RIM) p]igr/IN 13 P 3 :5a
DATE:
August 12, 2002
/-"'.
TO:
Lemuel Randolph, Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-259
At the Mayor and Common Council meeting of August 5, 2002, the City of San Bernardino
adopted Resolution 2002-259 - Resolution authorizing the Mayor or her designee to execute an
agreement with the San Bernardino City Unified School District relating to the delivery of Type
A lunches and Schedule B snacks to City's Delmann Heights Headstart Center.
Attached are three (3) original agreements. Please sign in the appropriate location and return the
original agreements to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
ge receipt of the above mentioned documents.
Signed:
Date: f7 /J 1/1L--
Please sign and return
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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August 13, 2002
James S. Cunningham
San Bernardino City Unified School District
Nutrition Services
1257 Northpark Boulevard
San Bernardino, CA 92407
RE: Food Service Agreement with the City of San Bernardino Parks, Recreation &
Community Services Department
Dear Mr. Cunningham,
Per your request, I am returning two (2) executed original agreements relating to the delivery of
Type A lunches and Schedule B snacks to the City's Delmann Heights Headstart Center. I have
retained one original agreement for our files.
If you have any questions, please call me at (909)384-5002.
Sincerely?
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Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARlJINO
ADOPTED SHARED VALUES: Integrity' Accoontability . Respect for Hllman Dignity. Honesty
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): &" -S'OJ Item #
Vote: Ayes /--'1 Nays..A-
Change to motion to amend original documents:
I f.... Resolution # dOO.;J. - dSCi
Abstain ..Q Absent 4
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: I dO
OPryJ J v;;). - 3-().:l.
I
By: -
Date Sent to Mayor: 'if - ')--0:;>
Date of Mayor's Signature: 'l ~.-o d
Date ofClerklCDC Signature: <<...<;<--O?--
Reso. Log Updated: ,./
Seal Impressed: V
Da e Memo/Letter Sent for Signature:
x--I:;>-O';>"
See Attached: ~ate Returned:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th ay:
90 Day Reminder Letter Sent on 45th day:
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 NoL- By
Yes No ~ By
Yes N07 By
Yes No By_
Copies Distributed to:
City Attorney ,/
Parks & Rec. /
Code Compliance Dev. Services EDA Finance
Police Public Services Water Others:
MIS
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: _
Date:
Revised 01/12/01