Loading...
HomeMy WebLinkAbout1999-164 1 RESOLUTION NO. 1999-164 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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 School district relating to delivery of Type A lunches to the City's year-round lunch sites, a 12 copy of which is attached hereto, marked Exhibit" A" and incorporated herein by reference as 13 14 15 fully as though set forth at length. 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 City Clerk within 60 days following effective date of the Resolution. 18 19 20 21 thereof, held on the ~th 22 with: 23 III 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, day of July , 1999, by the following vote to 1999-164 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A YEAR-ROUND LUNCH PROGRAM AS 2 AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM. 14 15 16 17 18 I~) . L--€, ~AL ~Clark, CIty Clerk The foregoing resolution is hereby approved this J>f;A. day of July , 1999. 19 20 21 Approved as to form And Legal content: 22 James F. Penman 23 City Attorney 24 25 26 27 6/17/99-tjg 28 RESO year round lunch 2 San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 18th day of May 1999, at the usual meeting place thereof. The meeting was called to order at 5:30 p.m. Members present: Brown, Dupre, Marinis, Savage, Valdez, Yeager Members absent: Tillman The adoption of the following resolution and order was moved by Member Savage, seconded by Member Marinis, and a vote being taken, the said resolution and order was adopted by the following votes of members present at that tillIe. AYES: Brown, Dupre, Marinis, Savage, Valdez, Yeager NOES: None BE IT RESOLVED that the Board of Education amends the resolution of May 4, 1999, to change the start date from September 6, 1999, to September 7, 1999, and the end date from June 30, 2000, to June 15, 2000, on the renewal of the Food Services Agreement with the City of San Bernardino for its Year-Round Lunch Program. BE IT FURTHER RESOLVED that an 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 18th day of May 1999. Dated: May 19, 1999 29 .. .~ , 1999-164 OR\GINAL 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 7th day of September, 1999, 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." R E C I TAL S: 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: 1. Agreement Term The term of this Agreement shall be from September 7. 1999, through June 15. 2000, inclusive, but may be cancelled 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. 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, sporkettes, 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 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 1 o' ',> '1999-164 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. 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 & Comm. Svs. Oscar J. Perrier 547 North Sierra Way San Bernardino, CA 92401 DISTRICT San Bernardino City Unified School District Ass!. Sup!., Business Services 777 North "F" Street San Bernardino, CA 92410 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 reillIbursement 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 ~ for lunch plus allowable administrative costs plus a percentage rate of food and supplies. 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 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 notif'y the Center of the delay as soon as possible, and shall advise of estimated delivery time. No charge shall be made for meals which are delivered more than two (2) hours after the normal delivery time. 2 ~ '1999-164 C. The DISTRICT shall be responsible for the temperature and quality of the meals until the time of delivery to the CITY. D. The DISTRICT agrees to furnish all labor and vehicles necessary to transport said meals from the preparation point to the authorized CITY sites. E. 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. F. 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. G. The DISTRICT shall prepare all claims for reimbursement under its own agreement number and submit the prepared claims. 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. 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 . If a meal is lacking a component, the CITY will immediately notify the DISTRICT. The DISTRICT may deliver the missing component. D. Bear 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 the responsibility to dispose of such and return no food items. If the CITY has contracted for 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 costs of any meals which do not qualify for reimbursement. 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. 3 ~- , , .1999"-164 F. 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. G. 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. 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. 1. 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 - Sponsors' Handbook, 1996." 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. K. The CITY agrees to indemnify and hold harmless 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 1inrited 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 for 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. 4 .. ... , 1999-164 L. The DISTRICT agrees to indemnify and hold harmless the CITY from any loss or liability, clainI, suit, or judgement, 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. 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 Ri~hts 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); and . 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-discrinIination 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 UNIFmD SC OOL DISTRICT ATTEST: c) ~ Arturo De ga 0, Assistant Supe i tendent Human Resources Division Authorized District Representative Date: 07100" h'1 , , Approved as to form and legal content: I~ J {\fi . L CITY CLERKt ~ . ~ , L.X-4..I'<.-4'0 City Attorney 5 ---...-- .f 1999-164 1999-00 TWELVE-MONTH LUNCH PROGRAM COMMUNITY CENTER SITE Delmann Heights Johnson Hall Lytle Creek Nicholson Neighborhood Boys and Girls Club 6 ADDRESS 2969 North Flores Street 906 North Wilson Street 280 South "K" Street 2750 West Second Street 2204 Sunrise Lane 1180 West Ninth Street Exhibit A