HomeMy WebLinkAbout16-Parks & Recreation
o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: July 7, 2008
Subject: Resolution authorizing the City
Manager to execute Food Service
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
for FY 08/09
MICC Meeting Date: July 21, 2008
From: Kevin Hawkins, Director
Dept: Parks, Recreation and
Community Services Dept.
Synopsis of Previous Council Action:
6/6/05 - Mayor and Council adopted Resolution No. 2005-139 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.
Recommended Motion:
Adopt Resolution.
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Sign!ture
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Contact person: Glenda Robinson
Phone: 384-5332
Supporting data attached: Staff IRon" _oltrtion R. "~""'"",nl Ward: A II Ward~
FUNDING REQUIREMENTS: Amount: None b.y thi~ action
Source: .(A~~t Nn)
(Acct Description)
Finance:
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Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute Food Service 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 for FY OS/09.
Background:
The City has participated in the District's Year-Round Lunch Program for the past fourteen
years. The program provides meals to youth ages IS years and younger who are off track and
participate at City Community Centers. Each site receives a minimum of twenty (20) meals/day
that are prepared and delivered by the San Bernardino City Unified School District. All Type A
meals offered are wholesome and meet the requirements set by the United States Department of
Agriculture for the National Student Lunch Program for students' nutritional needs.
The San Bernardino City Unified School District may charge the City for all leftover, second or
adult meals. The current cost to the City is $2.70 for a student box style lunch and $2.S5 for an
adult box style lunch. Each Center would be responsible for reimbursing the San Bernardino
City Unified School District at the rate of $2.70/meal for all leftover and second meals
provided to school age participants and $2.S5/meal for all adult meals from their individual
trust account. In FY 07/08, the reimbursement cost was approximately $200; payment will be
made from the various community center trust accounts.
Financial Impact:
None by this action.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
FOOD SERVICE 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 FOR FY 08109.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute Food Service
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 for FY 08/09. A copy of
said Agreement is attached hereto and marked Exhibit "A"; and
SECTION 2. That the implementation date of the Agreement is July 1, 2008;
therefore, any action taken between July 1,2008, and the date that this Resolution is adopted is
hereby ratified; and
SECTION 3. That the authorization granted hereunder shall expire_BIld be void and of
no further effect if Food Service Agreement is not executed by both parties and returned to the
Office of the City Clerk within sixty (60) days following effective date of the Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
FOOD SERVICE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT RELATING TO DELIVERY OF TYPE A LuNcHES TOtITv
SITES FOR THE DISTRICT'S YEAR-ROUND LUNCH PROGRAM FOR FY 08/09.
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
, 2008, by the following vote, to wit: .
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
15 MCCAMMACK
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Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2008.
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to Form:
~~ 7111=
Special Counsel
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SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICI'
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
/FIseaI YearlRelmbursemeDtl
TInS AGREEMENT is made and entered into this 1st day of July, 2008, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICI', 'hereinafter referred to as the
''OISTRICI','' and the CITY OF SAN BERNARDINO, Parks, Rec. & Comm. SVC5. Dept,
hereinafter referred to as the "CITY."
R Eel TAL S:
WHEREAS, the CITY desires to have Type A meals provided; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and the
DISTRICT is willing to provide such service to the CITY subject to USDA Seamless Summer
ProI!rllDl guidelines and reimbursement availability and/or on a cost basis;
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
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I. A2reemeDt Term
The term of this Agreement shall be from Julv I. 2008. through June 30. 2009.
inclusive, but may be canceled by either party upon the giving of thirty (30) days
__ ~tten_notice to the Qther~'I'bi$.A~may_be.extended h>'D1IIiuaLwritten- -.
--- -consent oneiiscatyearatll-timeup toll 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 meal 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. Meals provided under this agreement shall include: milk, straws, utensils,
napkins, and trays.
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C. A lunch shall be prepared for the CITY locations as specified below.
Delivery locations may be added, deleted, or changed if requested in writing
by the CITY and approved in writing by the DISTRICT.
~ Delivery 1: Boys & Girls Club, 1180 W. 9th SI.
> Delivery 2: Delmann Heights Comm. Center, 2969 N. Flores
> DelivCl)' 3: Hernandez Community Cntr., 222 N. Lugo
> Delivery 4: Lytle Creek, 280 S. K St.
> DelivCl)' 5: Nicholson Community Cntr., 2750 W. 2nd SI.
> DelivCl)' 6: Phoenix Comm. Cntr., 1450 N. Waterman Ave.
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> Delivery 7: Phoenix Center-East, 1535 N. Arden Ave.
> Delivery 8: Phoenix Center-West, 1367 N. California Way
> Delivery 9: Ruben Campos Comm. Cnlr., 1717 W. Fifth St.
D. All notices, invoices, payments, address changes, and other correspondence
may be given by United Stales mail to the following addresses:
CITY DISTRICT
City of San Bernardino San Bernardino City Unified
Parks, Rec. & Comm. Svcs. Dept School District, Nutrition Svcs.
201-A N. E Street 1257 Northpark Boulevard
San Bernardino, CA 92401 San Bernardino, CA 92407
Phone: 909.384.5233 Phone: 909.881.8000
FAX: 909.384.5160 FAX: 909.881.8016
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m. Pavment
A. The DISTRICT will not be paid by the CITY for student lunches eligible for
reimbursement under the applicable Program(s.) Instead, the DISTRICT will
file reimbursement claims for eligible meals, at the current reimbursement
rate, which may be changed from time to time. Any meals provided to the
CITY, which do not qualify for reimbursement, shall be billed to the CITY
at the current cost. A reimbursable meal shall be defined as the first meal
served to a school age participant on any operational day per the site's annua1
calendar. All second mea1s provided to school age participants and any Adult
meals requested shall be billed accordingly. Left-over and second meals are
not reimbursable.
B. The current meal cost to the CITY is as follows:
o Student box style lunch = $2.70 each
o Student box style breakfast = Sill each
o Student snack = $1.20 each
o Adult box style lunch = $~ each
o Said rate(s) may be subject to a proportionate increase in the
event of a reduction in Federal reimbursement and/or
subsidies, if applicable.
o Minimum Reauirement: Twenty (20) meals for delivery.
One daily delivery will consist lunch for the day and a cold
breakfast to be served the next day, if applicable.
IV. DISTRIcr Remonslbillties
A. The DISTRICT will prepare and deliver meal components, including frozen
products as required by menu, at or before the lunch hour each operational
day when children are present at the CITY, in accordance with the number of
meals requested for that day.
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B. The District agrees to make every effort to deliver meals at the time specified.
In the event of mechanical breakdown, act of God, emergency, or other
situation which may delay delivery, the District shall notify the CITY of the
delay as soon as possible, and shall advise of estimated delivery time. No
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charge shall be made for meals which are delivered more than two (2) hours
after the DOrmsl delivery time.
C. The DISTRICT will be responsible for the temperature and quality of the
lunches until the time of delivery. Perishable meal components requiring
refrigeration will be refrigerated up to the time of delivery. The DISTRICT
has provided a thermometer and advised of the correct temperature level
that meal components must be heated to for the meal components that require
heating. The DISTRICT will also provide serving scoops and instruction for
proper serving size, if applicsble.
D. If applicable, the DISTRICT agrees to pick up any csrts and/or containers on
the operational day after the operational day of delivery.
E. The DISTRICT will mail the CITY an itemized invoice on or before the 25th
day of each month for the previous month's deliveries including any billable
items, such as: I) meals that were provided but were not eligible for
reimbursement, 2) any adult meals, and 3) any penalty fees.
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F. If applicsble, the DISTRICT assumes all liability for proper use and
protection of surplus commodities that may be assigned to it by the CITY.
G. The DISTRICT agrees to provide the CITY with monthly menus, one week
_ -----jlFior~the~itmH1g of the period eO";ered by saidmenu;-Menus are also
available for viewing at our website: www.sbcUSd.com---
H. The DISTRICT will maintsin all necessary records on the nutritional
components of the lunches and the number oflnnches delivered to the CITY
and make said records available for inspection by State and Federal
authorities upon request.
I. The DISTRICT shall train the CITY to receive, review, and approve all free
and reduced Price meal applications; complete meal count reports; edit check
reports; perform verificstion process; and maintain all necessary records to
substantiate the above items.
J. The DISTRICT shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims.
K. The DISTRICT will provide our annual cslendar showing operational days
and non-operational dayslholidays.
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v. CITY Remonslblllties
A. The CITY understands they are to request, no later than 2:00 p.m. on the
operational day preceding the operational day of delivety, an accuratenumber
of meals to be delivered. 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.
B. The CITY ensures that an individual is available at the CITY from 8:00 a.m.
and 11:00 a.m. each operational day to receive the requested number of
lunches and will immediately notify the DISTRICT if a meal is lacking a
component. If the DISTRICT is not notified of a meal lacking a component
within y, hour after delivery, the DISTRICT will c:harge for the meal. Upon
immediate notification, 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.
C.
The CI]Y is tQ provi4e pers9!!!!e1~ meals, clean the serving andeating
areas, remove all food from carts, carrying cases, pans and/or boxes, and
..___hl.. ""'pty items for pick up by the DISTRICT lllllWeen 8:09 a.m. and
11:00 a.m. on the operational day following the operational day of delivery.
The Cl'FY shaH pay the cost of ncccsS81y repair of replacement of any
T'iTSTPtcT iteins damaged or lost as a result of use by the CITY.
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D. The CITY will provide an annual calendar of its operational days and
holidayslnon-operational days to the DISTRICT in advance of any deliveries
made under this ~gn:entenl The C;ITY shall also advise the DISTRICT 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. The CITY shall establish collection procedures which 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. No differentiation between children receiving
free, reduced, or paid meals shall be made. CITY shall folIow all
requirements of Education Code Section 49557, specifically section (2)
which stipulates no overt identification of any of the children by any means.
F. The CITY will assign to the DISTRICT all commodities for which the CITY
may be entitled and the liability for use of such commodities.
G.
The CITY agrees to pay the DISTRICT, Within 30 days from date of invoice,
the full amount as presented on the monthly itemized invoice. The CITY will
be subject to a penalty fee ofS25.oo per month for each month an invoice is
not paid on time.
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H. The CITY shall serve the correct portion size following receipt ofmea1s, heat
~pecified meal components to temperature indicated, as applicable, and bear
the sole responsibility to properly care for all perishable food items afterthey
have been delivered to the delivery site by the DISTRlCf until the time of
ultimate consumption. . .. .
I. 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 th.e 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, and
the CITY shall bear the cost of any meals which do nO~c(ua1ity for
reunDursement.mu----~-..- ----------
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J. The CITY will receive, review, and approve all free and reduced price meal
applications; complete meal count reports; edit check reports; perform
verification process, follow and assume responsibility for all reimbursement
program guidelines, and maintain all necessary records to substantiate the
above items and make said records available for inspection by Federal and
State authorities upon request. The CITY will complete Daily Meals Served
Reports and fax these reports to the DISTRlCf's Nutrition Services
Department on a weekly basis. The CITY agrees that it shall fax all Reports
for each month no later than the fifth worldng day after the end of that
.. J'articular ~:]:l1eCITY will be. subject.to .!J'eI1lI1tyf~_ofg~..OO per
site, per lIIOIIth,-when all the Reports have not been received within five (5)
days of the end of that month.
K. The CITY shall keep on file during the term of this agreement and for a
period of three (3)yearst1t..ereafter_a_copyoftheDailyM~ ~R.eports
and the Transport Records (meals received) for each operational day covered
by this agreement. The CITY agrees to accept responsibility for receiving,
replying to, and/or complying with any audit exceptions by the DISTRlCf
and agrees to cooperate with the DISTRlCf in receiving, replying to, and/or
complying with any audit exceptions by appropriate state or federal agencies
concerning this Agreement. The CITY also agrees to pay to the DISTRlCf,
within thirty (30) calendar days of demand by the DISTRICT, the full amount
of the DISTRlCf's liability to the state or federal government, if any, for
meals provided under or due to the operation of this Agreement. On-site
inspections shall be conducted, without prior notice, upon presentation of
identification by DISTRICT personnel, for the purposes of insuring
compliance with this Agreement.
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VI. Hold Harmless
The CITY and the DISTRICT each shall, at its own cost, indemnity, defend, and hold
hanDless the other party and its departments, agents, officers, and employees from
any and all claims or sums which either party or any of its departments, agents,
officers, or employees may be obligated to pay by reason of any liability of any kind
imposed upon them, including damages to property or injury or death of persons,
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arising out of the perfonnance of the services rendered or caused by any error,
omission, or act of any person employed or of any others for whose acts either party
is legally liable. Said sums shall include, in the event of legal action, court costs,
expenses of-Utigation, and reasonable attorney's fees. Said indemnification shall
include, but not be limited to, any liability resulting from defeciive or spoiled food
once the food bas been delivered and any injury to personnel in or about the premises
of either the DISTRICT or the CITY.
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VIL SDedal 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 in complianceWitli:u
o Title VI and VII of the Civil RilZhts Act of 1964. as amended
(pertsining to race, color, national origin, and religion);
o Title IX of the Education Amendments of 1972
(pertaining to sex);
o Section 504 of the Rehabilitation Act of 1973
(pertsining to handicap);
o The A2e Discrimination Act ofl975 ________
(pertaining to age);
n Thl'! JO'Air l;'~nlnvmP.nt An'" J.fnllQlno A.... ,,1' lORn
(pertaining to ancestry, race, national origin, color, sex,
religion, physical handicap, medical condition, marital status,
0"(1 ,~); ftl1d
o The Amerit"Jl"' with Disabilities Act of 1990
(pertaining to disability)
This non-discrimination policy covers admission and access to, and treatment and
employment in, the DISTRICTs programs and activiti~.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
Authorized Signature
Printed Name:
Title:
MOHAMMAD Z. ISLAM
Assistant Superintendent,
Business and Finance
Date:
Date:
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Ref. Board Agenda Item I 0.3 I-May 20, 200!c~
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