HomeMy WebLinkAbout29-Parks and Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 14,2001
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Subject:
RESOLUTION AUTHORIZING THE
MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO
EXECUTE AN AGREEMENT WITH
mE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
RELATING TO DELIVERY OF TYPE A
LUNCHES FOR THE CITY'S YEAR-
ROUND LUNCH PROGRAM.
From: John A, Kramer, Acting Director
Dept: Parks, Recreation & Community Services Dept.
Synopsis of Previous Council Action:
October 2, 2000 - Mayor and Common Council approved Resolution No. 2000-300 for the 2000
Year-Round Lunch Program.
Recommended motion:
Adopt Resolution
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Contact person: John A. Kramer
Phone: 384-5031
Supporting data attached: Staff Report & Food Service Agreement Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: $0
Source: (Acct. No.)
(AC~t. Descr~ ~~
Fmance: ~~
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Council Notes:
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Agenda Item No. .1.. ~
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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 for the City's Year-Round Lunch Program,
Background:
The year 2001 will mark the seventh consecutive year that the City will participate in the Year-
Round Lunch Program for Youth. This program provides meals to children who are off-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, 'Y. cup of
fruit or vegetable, 8 oz. of milk, and 1.25 slices of bread daily. It is estimated that 45,000 meals
will be served to needy children, ages 1-18 between October 2,2001 and June 14,2002.
Financial Impact:
No City general funds are required for the operations of this program. Support staff to serve and
supervise year-round lunch program at city operated facilities are included in the department's
general fund 2001-02 budget.
Recommendation:
Adopt Resolution
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RESOLUTION NO,
/- 1
\"..... RESOLUTION OF THE CITY OF SAN BERNARDINO
2 AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR
3 HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE
4 DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND
5 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 is hereby authorized
8
9 and directed to execute on behalf of said City an agreement with the San Bernardino
10 City Unified School district relating to delivery of Type A lunches to the City's
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SECTION 2, The authorization granted hereunder shall expire and be void
15 and of no further effect if the agreement is not executed by both parties and returned
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to the Office of the City Clerk within 60 days following effective date of the
Resolution.
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III
III
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26 1/1
27 III
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RESOLUTION OF THE CITY OF SAN BERNARDINO
1 AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR
HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN
2 BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE
3 DELIVERY OF TYPE A LUNCHES FOR THE CITY'S YEAR-ROUND
LUNCH PROGRAM,
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
6
meeting
thereof, held on the
, 2001, by the following vote,
day of
7
to wit:
8
9
10
NAYS
ABSTAIN ABSENT
AYES
COUNCIL MEMBERS:
ESTRADA
LIEN
11
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15
16
17
18
19
20
DEAN ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2001.
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22
23 Approved as to
24 Form and legal content:
25
JUDITH VALLES, MAYOR
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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C 27 By: L 9.f.~
28 (J
ORIGINAL
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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 22nd day of August, 2001, 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 Conunlmity 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:
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I.
Al!reement Term
The term of this Agreement shall be from October 2. 2001, through June 14. 2002,
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 ifrequested 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:
ill, Payment
A.
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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
The DISTRICT will not be paid by the CITY for meals eligible for
reimbursement under the Summer Food Service 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 $2,23 for lunch plus allowable
administrative costs.
IV, District Responsibilities
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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 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 shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims.
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v.
CITY Responsibilities
A. The CITY shall request by telephone no later than 2:00 p.m. on the operational
day preceding the operational day the meals are 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
holidayslnon-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.
J.
The CITY and its employees will comply with the requirements set forth in the
"USDA Summer Food Service Program for Children - 2001 Administrative
Guidance for Sponsors." 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.
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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.
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The DISTRICT agrees to indemnify and hold hannless 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.
M. The CITY certifies it will not discriminate, as hereby certified, on the basis of
race, color, national origin, sex (including sexual harassment), handicap (or
disability), 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);
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The Fair Emolovrnent 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)
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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
JUDITH VALLES
Mayor
.
,
Date:
SEP 1 1'2001
Date:
ATTEST:
CITY CLERK
C Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By:
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Exhibit A
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2001-02 TWELVE-MONTH LUNCH PROGRAM
COMMUNITY CENTER SITE
ADDRESS
Boys & Girls Club 1180 West 9th Street
Delmann Heights 2969 North Flores Street
Johnson Hall 906 North Wilson
Lytle Creek 280 South UK" Street
Nicholson 2750 West Second Street
Neighborhood 2204 Sunrise Lane
C YWCA 567 North Sierra Way
Waterman Garden 403 Alder Street
Operation Cool Center 1595 East Art Town & Drive
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CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 8,2001
TO:
Lynn Knutson, Recreation Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-307- Food Service Agreement
CC:
Attached is one (I) executed agreement with the San Bernardino City Unified School District
relating to the delivery of Type A Lunches for the City's year-round lunch program. One
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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CITY CLERK'S OFFICE
RAcHEL G. CLARK, CM.C.. CITY CLERK
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P.O. Box 13180 San Bernardino 0 CA 92402
300 North "0" Street 0 San Bernardino 0 CA92418-0001
909.384.50020 Fax: 909.384.5158
Business Registration ~ivision: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
October 8, 2001
San Bernardino City Unified School District
Nutrition Services
1257 Northpark Boulevard
San Bernardino, CA 92407
Dear Sir or Madam,
Enclosed are two (2) original agreements relating to the delivery of Type A Lunches for the
City's year-round lunch progranl. I am fonvarding this agreement to you for your files.
If you have any questions, please call me at (909)384-5002.
Sincerely,
.,i I . )~, (t.,'..
\-1 Ii.. .,' i_I (: !-.. -=- ~':-'-{~! -
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOYfED SHARED VALUES: Integrity 0 Accountability 0 Respect for Human Dignity 0 Honesty
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ () -, -0\ Item # 2.<1
Vote: Ayes I -'I Nays G-
Change to motion to amend original documents:
Resolution # 20Q ( - 30'1
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
Date Sent to Mayor: 10-:0,-0 ,
Date of Mayor's Signature: 10-<'-6\
Date of ClerklCDC Signature: \O--~ -() \
.
Date Memo/Letter Sent for Sl
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
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 /
Parks & Rec. ,/
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
NullNoid After: <.co DAi ~ J 11- 3() -c, \
By: -
Reso. Log Updated: .-/
Seal Impressed: ./
Date Returned: -
YesL.. No By
Yes No~ By
Yes No /" By
Yes No V By
Yes No/ By
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 (Contract Term, etc.)
Ready to File: {)11 Date: IO/S 101
Revised 01112/01