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HomeMy WebLinkAbout1998-267 ., . 1 2 3 4 5 6 7 8 9 10 11 12 98-267 RESOLUTION NO, RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADS TART CENTER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1, The Director of Parks, Recreation and Community Services Department is hereby authorized and directed to execute on behalf of said City an agreement with the San Bernardino City Unified School District relating to the delivery of Type A Lunches and Schdule B Snacks to City's Delmann Heights 13 Headstart Center, for the term of one year and to provide the 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 student lunches at one dollar and eighty-five cents ($1.85) and snacks at forty cents ($.40) each, 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 sixty (60) days following the effective date of the resolution. III III III 9/10/98 -1- 98-267 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEADSTART CENTER, 1 2 3 4 5 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on 21st September the day of 1998, by the following vote, to wit: COUNCIL MEMBER ESTRADA LIEN 12 ARIAS 13 SCHNETZ 14 DEVLIN 15 DEAN-ANDERSON 16 MILLER 17 18 19 20 21 22 23 24 25 26 27 28 AYES NAYS x x x x x x x ABSENT ABSTAIN ~~ Cit Clerk---- c.'?';? ~ September The foregoing resolution is hereby approved this day of Approved as to form and legal content: James Penman City torney " ~"""?-~ By: , 1998. 't~ Valles, Mayor of San Bernardino - 2 - 98-267 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Fiscal Year) THIS AGREEMENT, is made and entered into this 24th day of June, 1998, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO for its Delman Heights Child Care Center, hereinafter referred to as the "CITY." R E C I TAL S: WHEREAS, the CITY desires to have Type A lunches and Schedule B snacks provided for its Delman Heights Child Care Center; and, WHEREAS, the DISTRICT has facilities for the preparation of the nee<led lunches. and the DISTRICT is willing to provide such service to the CITY on a cost reimhursement basis; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as !,)lIows: I. A~reement Term The term of this Agreement shall be from July I 1998, through June 30 1999, inclusive, hut may be canceled hy either party upon the giving of sixty (60) days written notice to the other party. This Agreement may be extended hy mutual written consent one year at a time up to a total of three (3) years, suhject to the terms and conditions agreed upon hy hoth parties hy 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 Term~ A. Each lunch shall comply with Type "A" requirements set by the United States Department of Agriculture !,)r 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. Lunches shall include: milk, straws, utensils, napkins and trays. C. All notices, invoices, and other correspondence may be given hy United States mail to the !,)lIowing addresses: CITY City of San Bernardino Parks, Recreation & Community Services Department Attn: Andy Brown 547 North Sierra Way San Bernardino, CA 92410 (909) 384-5417 I DISTRICT San Bernardino City Unified School District Assistant Superintendent Business Services 777 North "F" Street San Bernardino, CA 92410-3090 (909) 381-1162 98-267 III. Payment A, The cost to the CITY for Type A lunches and Schedule B snacks is as follows: Adult Lunch: Student Type A Lunch: Schedule B Snacks: $1.90 $1.85 $0.40 Said rates shall he subject to a proportionate increase in the event of a reduction in Federal reimhursement and/or subsidies. IV. District Resoonsibilities A, The DISTRICT will prepare and deliver Type A lunches, including frozen products as required by menu, at or before the lunch hour each operational day when children are present at the CITY's location, in accordance with the number of meals requested for that day. B. The DISTRICT shall he responsible for the temperature and quality of the lunches until the time of delivery. C. The DISTRICT will pick up transport carts on the next operational day after the operational day of delivery. D. The DISTRICT will present the CITY with an itemized invoice the first day of each month for the previous month's deliveries. E. The DISTRICT will assume all liability for proper use and protection of surplus commodities assigned to it by the CITY. F. The DISTRICT will provide the CITY with a monthly menu one week prior to the beginning of the period covered by said menu. G. The DISTRICT will maintain all necessary records on the nutritional components of the lunches and the number of lunches delivered to the CITY and make said records available for inspection by State and Federal authorities upon request. H. The DISTRICT bereby agrees to indemnify and hold the CITY harmless for any loss, liability, claim, suit, or judgment, resulting from work or acts done or omitted by the DISTRICT, its departments, agents, officers, and employees in carrying out this Agreement. 2 98-267 V. CITY Responsihilities A, The CITY shall request by telephone no later than 2:00 p.m. on the operational day preceding the operational day of delivery, an accurate number of lunches to be delivered to the CITY Delman Heights Child Care Center. Errors in count called in shall be the responsibility of the CITY. B, The CITY will insure that an individual is available at the delivery site between 8:00 a.m. and 11:00 a.m. each operational day to receive the requested number of lunches. C. The CITY is to provide personnel to serve lunches, clean the serving and eating areas, remove all food from transport carts and pans, and assemble empty transport carts for pick up by the DISTRICT between 8:00 a.m. and 11:00 a.m. on the next operational day after the operational day of delivery. D. The CITY will provide an annual calendar of its operational days and holidays/non- operational days, to the DISTRICT in advance of any deliveries made under this Agreement. The CITY shall also advise the DISTRICT by telephone 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 if applicable, will 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 numher of free, reduced price, paid and adult lunches served daily. F, The CITY if applicable, will prepare all claims for reimbursement under its own agreement number, receive and approve all free and reduced price meal applications, and maintain all necessary records to substantiate the above items. G. The CITY will assign to the DISTRICT all commodities to which the CITY is entitled for its Delman Heights Child Care Center Program and the liahility for use of such commodities. H, The CITY agrees to pay the DISTRICT by the tenth of each month the full amount as presented on the monthly itemized invoice. I. The CITY shall bear the sole responsihility to properly care for all perishable food items after they have been delivered to the delivery site by the DISTRICT until the time of ultimate consumption. J, The CITY shall bear the cost of any losses resulting from theft or improper storage once the f(xxl 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 the CITY has ordered more food than it is able to consume, it shall not he entitled to any credit on said items from future food orders. K, The CITY hereby agrees to indemnify and hold the DISTRICT harmless for any loss, liability, claim, suit, or judgment, resulting from work or acts done or omitted by the CITY, its departments, agent~, officers, and employees in carrying out this Agreement. 3 98-267 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 Rii:J1ts 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 A~e Discrimination Act of 1975 (pertaining to age); . The Fair Employment and Housin~ Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age); and . The Americans with Disahilities 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 helow. Date: 9-,) 3- 'ff' UNIFIED CITY OF SAN BERNARDINO (lvtC:ll 7 < I2/H~____ ANNIE F. RAMOS Director Parks, Recreation and Community Services Date: Approved as to form and legal content: By: PENMAN, City Attorney Il "?/~ 4