Loading...
HomeMy WebLinkAbout2004-315I ill RESOLUTION NO. 2004-315 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL 4 DISTRICT RELATING TO THE 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 1111 City Unified School district relating to delivery of Type A lunches to 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 as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall 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 120 days following effective date of the Resolution. 17 18 19 20 21 22 23 24 25 26 27 2004-315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 TO CITY SITES FOR THE DISTRICT'S YEAR-ROUND LUNCH PROGRAM. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of October 2004, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE X MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x Ractrel G. Clark, City Clerk The foregoing Resolution is hereby approved this, day of October Approved as to Form and legal content: i L/wtL%i San Bernardino K1Z1T.1 2004-315 Contract No. 04/05-834-0171 POA E X H I B I T " A" 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 18th day of August, 2004, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," with a principal place of business at 777 N. "F" Street, San Bernardino, California 92410, and the CITY OF SAN BERNARDINO, hereinafter referred to as the "CITY" with a place of business at 547 N. Sierra Way, San Bernardino, California 92410. 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, 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: I. Agreement Term The term of this Agreement shall be from September 7. 2004, through June 30, 2005, 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 the CITY has signed this Agreement 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 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. 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 a particular site the minimum number of meals eligible for reimbursement for that location shall be twenty (20). If City of San Bernardino — Year Round Food Services Program Page 1 of 6 2004-315 Contract No. 04/05-834-0171 POA 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. 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: CITY City of San Bernardino Parks, Recreation & Community Service Nutrition Services 547 North Sierra Way San Bernardino, CA 92410 III. Payment DISTRICT San Bernardino City Unified School District Nutrition Services Attn: Lynn Knutson 1257 Northpark Blvd. San Bernardino, CA 92407 The DISTRICT will not be paid by the CITY for meals eligible for reimbursement under the Seamless Summer Feeding Waiver 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 $2.34. IV. District Responsibilities 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. City of San Bernardino — Year Round Food Services Program Page 2 of 6 2004-315 Contract No. 04/05-834-0171 POA D. 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. 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 Responsibilities A. The CITY shall request by telephone or e-mail 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 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 to 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. City of San Bernardino — Year Round Food Services Program Page 3 of 6 2004-315 Contract No. 04/05-834-0171 POA 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 DISTRICT shall have the right to make on -site inspections, without prior notice, upon presentation of identification by DISTRICT personnel to CITY personnel at the site, for the purposes of insuring compliance with this Agreement. VIII Hold Harmless 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 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 the services pursuant to this Agreement, or for injury to anyone arising out of a negligent act of the DISTRICT. IX. Special Provisions 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); City of San Bernardino — Year Round Food Services Program Page 4 of 6 2004-315 Contract No. 04/05-834-0171 POA Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); 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 or mental disability, medical condition, marital status, and age over 40); 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 I SAN BERNARDINO CITY UNIFIED C I -C DISTRICT Z ` JUDITH VALLES MO AMMAD Z. ISLAM Mayor Date: ATTEST: CITY CLERK Approved as to form and legal content: Assistant Superintendent, Division of Business Services Date: City of San Bernardino — Year Round Food Services Program Page 5 of 6 Contract No. 04/05-834-0171 POA 2004-315 Exhibit A 2004-05 YEAR ROUND LUNCH PROGRAM COMMUNrrY CENTER SITE Boys & Girls Club Lytle Creek ADDRESS 1180 West 9th Street 280 South "K" Street City of San Bernardino — Year Round Food Services Program Page 6 of 6 Contract No. 04/05-834-0171 POA ORIGINAL 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 18th day of August, 2004, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," with a principal place of business at 777 N. "F" Street, San Bernardino, California 92410, and the CITY OF SAN BERNARDINO, hereinafter referred to as the "CITY" with a place of business at 547 N. Sierra Way, San Bernardino, California 92410. 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, 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: I. Agreement Term The term of this Agreement shall be from September 7. 2004, through June 30, 2005, 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 the CITY has signed this Agreement 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 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. 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 a particular site the minimum number of meals eligible for reimbursement for that location shall be twenty (20). If City of San Bernardino — Year Round Food Services Program Page 1 of 6 Contract No. 04/05-834-0171 POA 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. 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: CITY City of San Bernardino Parks, Recreation & Community Service Nutrition Services 547 North Sierra Way San Bernardino, CA 92410 III. Payment DISTRICT San Bernardino City Unified School District Nutrition Services Attn: Lynn Knutson 1257 Northpark Blvd. San Bernardino, CA 92407 The DISTRICT will not be paid by the CITY for meals eligible for reimbursement under the Seamless Summer Feeding Waiver 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 $2.34. IV. District Responsibilities 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. City of San Bernardino — Year Round Food Services Program Page 2 of 6 Contract No. 04/05-834-0171 POA D. 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. 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 Responsibilities A. The CITY shall request by telephone or e-mail 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 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 to 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. City of San Bernardino — Year Round Food Services Program Page 3 of 6 Contract No. 04/05-534-0171 POA 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 DISTRICT shall have the right to make on -site inspections, without prior notice, upon presentation of identification by DISTRICT personnel to CITY personnel at the site, for the purposes of insuring compliance with this Agreement. VIII Hold Harmless 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 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 the services pursuant to this Agreement, or for injury to anyone arising out of a negligent act of the DISTRICT. IX. Special Provisions 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); City of San Bernardino — Year Round Food Services Program Page 4 of 6 Contract No. 04/05-834-0171 POA Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); 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 or mental disability, medical condition, marital status, and age over 40); 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 ATTEST: CITY aLERK Approved as to form and legal content: a SAN BERNARDINO CITY UNIFIED We DISTRICT • uu:• :u Assistant Superintendent, Division of Business Services Date: City of San Bernardino — Year Round Food Services Program Page 5 of 6 Contract No. 04/05-834-0171 POA Exhibit A 2004-05 YEAR ROUND LUNCH PROGRAM COMMUNITY CENTER SITE Boys & Girls Club Lytle Creek ADDRESS 1180 West 9th Street 280 South "K" Street City of San Bernardino — Year Round Food Services Program Page 6 of 6