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HomeMy WebLinkAbout1998-275 .. RESOLUTION NO. 98-275 1 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 7 8 9 10 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 and 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 16 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 17 18 City Clerk within 60 days following effective date of the Resolution. 19 20 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Meeting, and Common Council of the City of San Bernardino at a reaular I . 98-275 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. 3 4 COUNCIL MEMBERS 5 ESTRADA 6 LIEN 7 AYES NAYS ABSTAIN ABSENT x x ARIAS x 8 9 SCHNETZ 10 DEVLIN 11 DEAN ANDERSON 12 MILLER 13 14 x x x x 15 16 17 18 /{aeJul tJ tW6 Rach~j~~r\i;;Y Clerk /I. ~ /w .0Ml""'~1 ~r-dthtL.: ,uefX'14 The foregoing resolution is hereby approveiiliis 7fr- _. day of I (J October , 1998. a~-&~ TH VALLES, MAYOR of San Bernardino 98-275 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 ~-. 98-275 San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 3rd 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 I, 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 //tJ~ Secretary of the ard of Education Agenda Item 7.43 98-275 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." 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, 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: J. Al!"eement 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" An 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 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 t(xxI service shall be ten (10). Within ten (10) operational days of beginning t(xxl 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. I 98-275 D. 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 Services Department Atm: Oscar J. Perrier 547 North Sierra Way San Bernardino, CA 92410 DISTRICT San Bernardino City Unified Schoo) District Assistant Superintendent Business Services 777 North "F" Street 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. 2 98-275 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 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 tile 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) fiJr each operational day covered by this agreement. H. The CITY agrees to accept responsibility for receIVIng, replying to, andlor complying with any audit exceptions by the DISTRICT and agrees to cooperate with the DISTRICT in receiving, replying to, and lor complying with any audit exceptions by appropriate state or federal audit agencies concerning this Agreement. I. The CITY and it, employees will comply with the requirements set f()rth 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 identitication by DISTRICT personnel to the CITY personnel at the site, for the purposes of insuring compliance with this Agreement. 3 98-275 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 ofthe 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 I X 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. 4 98-275 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED HOOL DISTRIC ".1., .../' ',,~ ROB RT W. MURPH Assistant Superintendent Business Services Divisio q~Y:~11 Date: Date: ATTEST: vfwwAflJlfirhfiu-,? ~ CITY CLERK Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ,~ 7- - f?=-7~ 5 98-275 EXHIBIT A 1998-99 YEAR ROUND LUNCH PROGRAM COMMUNITY CENTER SITE ADDRF.';S Boys & Girls Club Delmann Heights Johnson Hall Lytle Creek Nicholson Neighborhood 1180 West 9th Street 2969 North Flores Street 906 North Wilson 280 South "K" Street 2750 West Second Street 2204 Sunrise Lane 6