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Home My WebLink About1996-196 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 96-196 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 HEADSTART 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 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 School District relating to the delivery of Type A Lunches and Schedule B Snacks to City's Delmann Heights HeadStart Center, for the term of one year and to provide the student lunches at one dollar and seventy-five cents ($ 1.75) and the snacks at thirty-eight cents ($ .38) 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 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San regular meeting Bernardino at a 1st July day of thereof, held on the 1996 by the following vote, to wit: / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 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. COUNCIL MEMBER AYES NEGRETE X CURLIN X ARIAS X OBERHELMAN X DEVLIN X ANDERSON X MILLER X NAYS ABSTAIN ABSENT ~~ approved t.hi" ..5JA The foregoing resolution is hereby 14 day of July , 1996. ~!7/;tj.'?l ~m Minor, Mayor City of San Bernardino James Penman City A torney By: ~ t/e?jVVl'W...... 25 26 27 28 / / I) / / / / / / / / / / / / 6/16/96 amt delmannfnutrition RES 96-196 (. 96-196 Q,RIGINAL 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 4th day of June, 1996, 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 needed lunches, and the DISTRICT is willing to provide such service to the CITY on a cost reimbursement basis; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: 1. The term of this Agreement shall be from Julv 1. 1996, through June 30. 1997, inclusive, but may be cancelled 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. 2. Each lunch shall comply with Type "A" requirements set by the United States Department of Agriculture for the National School Lunch Program for students' nutritional needs. The contents of the menus shall contain such items as are necessary to meet these requirements. 3. Lunches shall include: milk, straws, utensils, napkins, and trays. 4. The cost to the CITY for Type A lunches and Schedule B snacks is as follows: Student Type A Lunch: Schedule B Snacks: $1.75 $0.38 Said rates shall be subject to a proportionate increase in the event of a reduction in Federal reimbursement and/or subsidies. 5. All notices, invoices, and other correspondence may be given by United States mail to the following addresses: 1 RES 96-196 CITY City of San Bernardino Parks, Recreation & Community Services Department Attn: Andy Brown 547 North Sierra Way San Bernardino, CA 92410 (909) 384-5417 DISTRICT San Bernardino City Unified School District Assistant Superintendent Administrative Services 777 North "F" Street San Bernardino, CA 92410-3090 (909) 381-1162 The DISTRICT and the CITY further agree that the DISTRICT SHALL: 1. 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. 2. Be responsible for the temperature and quality of the lunches until the time of delivery . 3. Pick up transport carts on the next operational day after the operational day of delivery . 4. Present the CITY with an itemized invoice the first day of each month for the previous month's deliveries. 5. Assume all liability for proper use and protection of surplus commodities assigned to it by the CITY. 6. Provide the CITY with a monthly menu one week prior to the beginning of the period covered by said menu. 7. 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. 8. 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 officers, employees, and agents, in carrying out this Agreement. The DISTRICT and the CITY further agree that the CITY SHALL: 1. Request by telephone no later than 3:00 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. 2. 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. 2 , 3. 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. 4. 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. 5. If applicable, 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 number of free, reduced price, paid and adult lunches served daily. 6. If applicable, 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. 7. Assign to the DISTRICT all commodities to which the CITY is entitled for its Delman Heights Child Care Center Program and the liability for use of such commodities. 8. Pay the DISTRICT by the tenth of each month the full amount as presented on the monthly itemized invoice. 9. Bear the sole responsibility 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. 10. Bear the cost of any losses resulting from theft or improper storage once the food 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 be entitled to any credit on said items from future food orders. 11. 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 officers, employees, and agents, in carrying out this Agreement. 12. Not discriminate, as hereby certified, on the basis ofrace, 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); 3 RES 96-196 , ~ Title IX 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 Fair EmDlovment 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. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT I2hAe ~. 1ZIlktL ANNIE F. RAM S Director Parks, Recreation and Community Services Date: / ~ ;J-;r~ ,7 t Date: JUN 06 1D Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ,? }. ;> , I~~ 4