HomeMy WebLinkAbout27- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: RESOLUTION OF THE CITY OF SAN
From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZING THE
Dept: PARKS, RECREATION & COMMUNITY EXECUTION OF AN AGREEMENT
SERVICES r A /d FORA YEAR-ROUND LUNCH
1/ IIraY1/'7 j PROGRAM AS AN EXTENSION OF
THE SUMMER FOOD SERVICE
Date: SEPTEMBER 21, 1998 PROGRAM WITH THE SAN
BERNARDINO UNIFIED SCHOOL
DISTRICT RELATING TO THE
DELIVERY OF TYPE A LUNCHES AND
SNACKS TO CITY'S YEAR-ROUND
LUNCH SITES.
Synopsis of Previous Council Action:
September 2, 1997 - Mayor and Common Council approved Resolution No. 97-258 for the 1997-98 Year-round Lunch
Program.
Recommended Motion:
Adopt the Resolution.
Signature
Contact person: John Kramer Phone: 5031
Supporting data attached: Staff Report, Reso & Agreement Ward: City-wide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
10/sqJ
Agenda Item No.�
9/21/98 amt
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION OF THE CITY OF
SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT
FOR A YEAR-ROUND LUNCH PROGRAM
AS AN EXTENSION OF THE SUMMER
FOOD SERVICE PROGRAM WITH THE
SAN BERNARDINO UNIFIED SCHOOL
DISTRICT RELATING TO THE
DELIVERY OF TYPE A LUNCHES
AND SNACKS TO CITY'S YEAR-
ROUND LUNCH SITES.
BACKGROUND
1998 will mark the twenty-second (22) consecutive year that the City will sponsor the USDA's
Summer Food Service Program for children. This will be the City's fourth (4th) year
sponsoring a Year-Round Lunch Program as an extension of the Summer Food Program. It is
estimated that 15,000 meals will be served to needy youth ages 1 - 18 years of age between
September 1998 - June 1999. This program will provide a nutritious meal for those youth who
are off-track or not yet enrolled in school.
FINANCIAL IMPACT
All meals will be prepared by the San Bernardino City Unified School District at a cost of
$ 2.26 per meal. The City will have no financial obligation for the cost of these meals. The
District will file reimbursement claims with USDA.
RECOMMENDATION
That the City adopt the resolution to authorize the execution of an agreement for a year-round
lunch program as an extension of the Summer Food Service Program with the San Bernardino
City Unified School District relating to the delivery of the City's year-round lunch sites.
9/21/98 amt
year-round
San Bernardino City Unified School District
E.Neal Roberts,Ed.D.,Superintendent
Harold L.Boring,Ed.D., Assistant Superintendent,Administrative Services your Public Schools...
There's No Better Place To Learn
TRANSMITTAL
TO: City of San Bernardino, Parks & Recreation June 5, 1997
Oscar Perrier
547 N. Sierra Way, CA 92401
San Bernardino, CA 92401
• Agreement/ Food Svs. Agreement with City of San Bernardino (12 Month Feeding Program)
Amendment:
Board of Education Approval Date: June 4, 1997
4Documents Enclosed: ACTION REQUESTED:
Agreement/Amendment Originals X ►' SIGN ALL ORIGINALS
ned on District's behalf ►' RETURN 1 ORIGINAL TO ADDRESS BELOW;,
Form W-9 (substitute) ► COMPLETE AND SIGN
► RETURN TO ADDRESS BELOW
Survey Form , COMPLETE AND SIGN'
> RETURN TO ADDRESS BELOW
Certification of Minutes None
Original(s) signed by both/all parties None
for your>'.files
Other:
Please Return Documents to:
San Bernardino City Unified School District
Business Services Office
Attn: Contract Analyst
777 North 'Y' Street
San Bernardino, California 92410-3017
ADMINISTRATIVE SERVICES DIVISION
777 North F Street • San Bernardino,CA 92410-3090 • (909)
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT FOR A YEAR-ROUND LUNCH PROGRAM AS
AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM WITH THE SAN
4 BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE
DELIVERY OF TYPE A LUNCHES AND SNACKS TO CITY'S YEAR-ROUND
5 LUNCH SITES.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
10
directed to execute on behalf of said City an agreement with the San Bernardino City Unified
11
12 School district relating to delivery of Type A lunches and snacks to City's year-round lunch
13 sites, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
14 reference as fully as though set forth at length.
15
SECTION 2. The authorization granted hereunder shall expire and be void and of no
16
further effect if the agreement is not executed by both parties and returned to the Office of the
17
18 City Clerk within 60 days following effective date of the Resolution.
19 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
20 and Common Council of the City of San Bernardino at a Meeting,
21 thereof, held on the day of 1998, by the following vote to
22
with:
23
24
25
26
27
28 9/22/98-tjg
1
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR I A YEAR-ROUND LUNCH PROGRAM AS
2 AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM.
3
4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
5 ESTRADA
6 LIEN
7
ARIAS
8
9 SCHNETZ
10 DEVLIN
11 DEAN ANDERSON
12 MILLER
13
14
15 Rachel Clark, City Clerk
16
The foregoing resolution is hereby approved this day of
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18 1998.
19 JUDITH VALLES, MAYOR
20 City of San Bernardino
21 Approved as to form
And Legal content:
22
James F. Penman
23 City Attorney
24
25 By: + L.
26 (�7
27 9/22/98-tjg
28 RESO/YEAR-ROUND LUNCH
2
YEAR-ROUND LUNCH PARTICIPATING SITES
Boys and Girls Club
1180 West Ninth Street
San Bernardino 92411
Delmann Heights Community Center
2969 North Flores Street
San Bernardino 92405
Johnson Hall Community Center
906 North Wilson
San Bernardino 92411
Lytle Creek Community Center
380 South "K" Street
San Bernardino 92410
Nicholson Community Center
2750 West Second Street
San Bernardino 92410
Neighborhood Spirit Center
2204 East Sunrise Lane
San Bernardino 92404
9/21/98 amt
year-round
San Bernardino City Unified School District '
E.Neal Roberts,Ed.D.,Superintendent
s" L.Boring,Ed.D., Assistant Superintendent,Administrative Services your Public Schools...
There's No Better Place To Learn
TRANSMITTAL
TO: City of San Bernardino, Parks & Recreation June 5, 1997
Oscar Perrier
547 N. Sierra Way, CA 92401
San Bernardino, CA 92401
RE: Agreement/ Food Svs. Agreement with City of San Bernardino (12-Month Feeding Program)
Amendment:
Board of Education Approval Date: June 4, 1997
nocuments Enclosed: ACTION REQUESTED:
2 Agreement/Amendment Originals X ► SIGN ALL ORIGINALS
signed on District's behalf ► RETURN 1 ORIGINAL TO ADDRESS BELOW
Form W-9 (substitute) ► COMPLETE AND SIGN
► RETURN TO ADDRESS BELOW
Survey Form ► COMPLETE AND SIGN
► RETURN TO ADDRESS BELOW
Certification of Minutes TNone
Original(s) signed by both/all parties None
for your files
Other:
Please Return Documents to:
San Bernardino City Unified School District
Business Services Office
Attn: Contract Analyst
777 North "F" Street
San Bernardino, California 92410-3017
ADMINISTRATIVE SERVICES DIVISION
777 North F Street • San Bernardino,CA 92410-3090 • (909)
San Bernardino City Unified School District
CERTIFICATION OF M1N=S
The Board met in regular session on the 3td day of June, 1997, at the usual meeting place
thereof. The meeting was called to order at 5:30 p.m.
Members present: Brown, Cadena, Marinis,Neigel, Savage, Tillman, 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, Cadena, Marinis,Neigel, Savage, Tillman, Yeager
NOES: None
BE IT RESOLVED that the City of San Bernardino be exempted from the provisions of
Education Code Section 39872 for the duration of the Food Service Agreement for a Twelve-
Month Feeding Program.
BE IT ALSO RESOLVED that the Board of Education approves entering into the Food Service
Agreement(Twelve-Month)with the City of San Bernardino for its Twelve-Month Feeding
Program, effective July 1, 1997, through June 30, 1998, per terms of the Agreement, at no cost to
the District.
BE IT FURTHER RESOLVED that the authorized District agent be authorized to sign said
Agreement on behalf of the Board of Education.
I, E. NEAL ROBERTS, Secretary of the 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 3rd day of June 1997.
Dated: June 4, 1997
Secretary of the E6ard of Education
Agenda Item 7.43
i'
i
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Year Round)
THIS AGREEMENT, is made and entered into this 4th day of August, 1998, 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."
RECITALS:
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, is willing to provide such service to
the CITY subject to United States Department of Agriculture(USDA) Sununer Food Service Program reimbursement
availability;
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
I, Agreement Term
The term of this Agreement shall be from September 8. 1998, through June 30. 1999,
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 amended by mutual written consent.
Meals shall not be provided until this Agreement has been signed by the CITY 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 ahL11 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 . hibit 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 he deleted by the DISTRICT from the list of CITY locations
receiving meals hereunder.
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D. All notices, invoices, and other correspondence may be given by United States mail
to the following addresses:
Y DISTRICT
City of San Bernardino San Bernardino City
Parks, Recreation& Community Unified School District
Services Department Assistant Superintendent
Attn: Oscar J. Perrier Business Services
547 North Sierra Way 777 North "F" Street
San Bernardino, CA 92410 San Bernardino, CA 92410-3090
III. Payment
A. 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 $2.2600 for lunch plus allowable administrative costs plus a percentage
rate of food and supplies.
IV. District Responsibilities
A. The DISTRICT shall deliver meals each operational day (an operational day is a day
when the CITY is operating its Community Centers), 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. The CITY shall immediately
report to the DISTRICT if any lunch component is found to be missing. The
DISTRICT may deliver any such missing components. 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. The 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.
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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 he the responsibility of the CITY.
B. The CITY shall provide any and all labor necessary for service of said lunches at
designated sites, and the CITY agrees to remove all food from and clean all reusable.
DISTRICT equipment as soon as possible after food has been served. Said clean
equipment shall be assembled and ready for pick up by the DISTRICT on the next
operational day after the operational day of delivery. The CITY shall pay the cost
of necessary repair or replacement of any reusable DISTRICT equipment damaged
as a result of use by the CITY.
C. The CITY will immediately notify the DISTRICT, if a meal is lacking a component.
The DISTRICT may deliver the missing component.
D. 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.
E. 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.
F. 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 Cafeteria
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.
G. 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.
H. 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.
I. The CITY and its employees will comply with the requirements set forth in the
"USDA Summer Food Service Program for Children - 1998 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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VI. Hold Harmless
The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its
departments, agents, officers, and employees from any and all claims or sums which the
DISTRICT 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, arising out of the performance of the services
rendered by the CITY or caused by any error,omission,or act of the CITY or of any person
employed by the CITY or of any others whose acts the CITY is legally liable. Said sums
shall include, in the event of legal action,court costs,expenses of litigation, and reasonable
attorney's fees. Said indemnification shall include, but not be limited to, any liability
resulting from defective or spoiled food once the food has been provided to CITY personnel
and any injury to CITY personnel in or about the premises of either the DISTRICT or the
CITY. 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.
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 departments, agents, officers, and employees, on carrying out its responsibilities under
this Agreement. Said sums shall include, in the event of legal action, court costs, expenses
of litigation, and reasonable attorney's fees. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this contract on behalf of the City shall be
considered as "attorney's fees" for the purposes of this paragraph.
VII. Special 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 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 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 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.
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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
HOOL 4DISTR
n
JUDITH VALLES ROB RT Mayor Assistant S
Business Services Divisio
Date: Date:
ATTEST:
CITY CLERK
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
By: ✓, _--�
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EXHIBIT A
1998-99 YEAR ROUND 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 "K" Street
Nicholson 2750 West Second Street
Neighborhood 2204 Sunrise Lane
6