HomeMy WebLinkAbout1997-258
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RESOLUTION NO. 97-258
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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
9 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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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 Unified School
District
relating to the
delivery of Type A lunches and snacks to City's year-
round lunch sites, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length,
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,
2nd
held on the
day of
September
1997, by the following vote, to wit:
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97-258
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RE: 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.
COUNCIL MEMBERS:
AYES
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 MILLER
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NAYS
ABSTAIN
ABSENT
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x
x
x
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x
/; '(If} Ie
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RAC . CLARK, CITY CLERK
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JfIJ.
The foregoing resolution is hereby approved this
day of
September , 1997.
Approved as to form
and legal content:
James F.
City A
By:
adm/doc
8/13/97
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TOM MINOR, YOR "-
CITY OF SAN BERNARDINO
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SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 0 RIG I N A L
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Twelve-Month)
THIS AGREEMENT, is made and entered into this 4th day of June, 1997, 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. The term of this Agreement shall be from Julv 1. 1997, through June 30. 1998,
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,
2, 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,
3, Meals provided under this Agreement shall be lunches only and shall include:
milk, straws, sporkettes, napkins, and disposable trays,
4, 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 number of meals eligible for reimbursement for that location shall be
twenty (20), If the particular site cannot maintain the minimum number of meals
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Q~7-258
eligible for reimbursement (twenty meals), the location may be deleted by the
DISTRICT from the list of CITY locations receiving meals hereunder.
5, 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 $2.1675 for lunch plus allowable
administrative costs plus a percentage rate of food and supplies,
6, 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
Schoo I District
Asst. Supt., Business Services
777 North "F" Street
San Bernardino, CA 92410
The DISTRICT and the CITY further agree to the following DISTRICT resDonsibilities:
I. 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, 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,
2, The DISTRICT shall be responsible for the temperature and quality of the meals
until the time of delivery to the CITY,
3, The DISTRICT agrees to furnish all labor and vehicles necessary to transport said
meals from the preparation point to the authorized CITY sites,
4, 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.
5, 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,
6, The DISTRICT shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims,
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97-258
eligible for reimbursement (twenty meals), the location may be deleted by the
DISTRICT from the list of CITY locations receiving meals hereunder.
5,
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 $2.1675 for lunch plus allowable
administrative costs plus a percentage rate of food and supplies.
6,
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
Asst, Supt" Business Services
777 North "F" Street
San Bernardino, CA 92410
The DISTRICT and the CITY further agree to the following DISTRICT responsibilities:
1. 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, 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,
2, The DISTRICT shall be responsible for the temperature and quality of the meals
until the time of delivery to the CITY,
3, The DISTRICT agrees to furnish all labor and vehicles necessary to transport said
meals from the preparation point to the authorized CITY sites,
4, 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,
5, 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,
6, The DISTRICT shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims,
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97-258
The DISTRICT and the CITY further agree to the following CITY responsibilities:
1. 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,
2, 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,
3, If a meal is lacking a component, the CITY will immediately notify the
DISTRICT, The DISTRICT may deliver the missing component.
4, 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,
5, 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,
6, 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,
7, 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.
8, 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, andlor complying with any audit
exceptions by appropriate state or federal audit agencies concerning this
Agreement.
9, The CITY and its employees will comply with the requirements set forth in the
"USDA Summer Food Service Program for Children - Sponsors' Handbook,
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97-258
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.
10, 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
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 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,
11, The DISTRICT agrees to indemnify and hold harmless the CITY from any loss
or liability, claim, 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.
12, 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 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); and
~ The Age Discrimination Act of 1975
(pertaining to age)
~ The Fair Emplovment and Housing Act of 1980
(pertaining to ancestry, race, national origin, color, sex,
religion, physical handicap, medical condition, marital
status, and age); and
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97-258
~ 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
SAN BERNARDINO CITY UNIFIED
SC OL DISTRICT
~x//~,
TOM MINOR
Mayor
HOMAS p, McGRATH
Interim Assistant Superintendent
Business Services
Date: 9~tj, Cj 7
Date: ~- '1- 97
ATTEST:
~~, ~-tVLL
CITY ERK
Approved as to form and legal content:
By:
JAMES
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97-258
1996-97 TWELVE-MONTH LUNCH PROGRAM
COMMUNITY CENTER SITE
Delmann Heights
Johnson Hall
Lytle Creek
Nicholson
Neighborhood
Reuben Campos
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ADDRESS
2969 North Flores Street
906 North Wilson Street
280 South "K" Street
2750 West Second Street
2204 Sunrise Lane
1717 West 5th Street
Exhibit A