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HomeMy WebLinkAbout1995-133 1 2 3 4 5 6 7 RESOLUTION NO. 95-133 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT FOR A YEAR-ROUND LUNCH PRORAM AS AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 The Mayor of the City of San Bernardino is SECTION 1. 10 hereby authorized and directed to execute on behalf of said City 11 an agreement and 15 Point Amendment attached as Attachment 2 of 12 Agreement, with the San Bernardino Unified School District 13 relating to the delivery of Type A lunches and snacks to City's 14 year-round lunch sites, a copy of which is attached hereto, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 meeting thereof, held on the reqular 1st day of , 1995, by the following vote, May to wit: II II II II II 4/4/95 -1- - r' /~ ~ ~'~-- ~:: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT YEAR-ROUND LUNCH PROGRAM AS AN EXTENSION OF THE SUMMER FOOD SERVICE PROGRAM. COUNCIL MEMBERS: AYES NAYS NEGRETE X - CURLIN X - HERNANDEZ X OBERHELMAN X DEVLIN X POPE-LUDLAM X MILLER X ABSENT ABSTAIN The K~ ~jf1J71t Rachel Clark, City Clerk foregoing resolution 1:~~/:~~~ day of May , 1995. ~)~ Tom Minor, Mayor City of San Bernardino 21 20 Approved as to form and legal content: James F. Penman 22 City Attorney 23 24 25 26 27 28 B~t2.. sbcusc-summerlunchprog 4/4/95 -2- ... r 95-133 ORIGINAL 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 21st day of March, 1995, 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 lunches provided for minor children who are taking part in the City Youth Activities Program; 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; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: 1. The term of this Agreement shall be from March 21. 1995, through June 30, 1995, inclusive. Meals shall not be provided until this Agreement has been signed by the CITY and returned to the DISTRICT. 2. The DISTRICT agrees to deliver to the CITY, each operational day during the term of this Agreement, said lunches in a number specified by the CITY. a. Each lunch shall comply with Type "A" requirements set by United States Department of Agriculture for children's nutritional needs, and the contents of the menus shall be agreed upon mutually. Meals shall meet secondary requirements for school lunch programs. b. Each lunch shall be packaged on a disposable tray, wrapped with clear plastic-type material and shall include: milk, straw, sporkette, and napkin. c. The CITY shall call the DISTRICT preparation kitchen before 2:00 p.m. on the operational day preceding the operational day of the required service, indicating the number of lunches needed. The DISTRICT shall continue preparing the same number of lunches unless CITY notifies the preparation kitchen as indicated above. d. The CITY shall 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 1 " ,:;' ',~ .. ,...-. ;' I ~' . 1-: , any non-operational day, to assure that meals are not provided on non- operational days. 3. The CITY agrees to pay the DISTRICT $2.05 for each lunch delivered to the CITY pursuant to this Agreement. 4. The DISTRICT shall deliver said lunches each operational day, at a mutually agreed upon time, to the CITY -authorized sites as indicated in "Exhibit A," attached hereto and made a part of this Agreement. The CITY shall immediately report to the DISTRICT if any lunch component is found to be missing. The DISTRICT will deliver any such missing components. Food shall be signed for upon delivery and the time of delivery noted. 5. The DISTRICT agrees to furnish all labor and vehicles necessary to transport said lunches from the preparation point to the authorized CITY sites. 6. 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. 7. The CITY shall provide any clerical or accounting services needed for completing and filing State reports, which may be required to entitle the DISTRICT or the CITY to reimbursement from the State. 8. The CITY agrees to assign to the DISTRICT all USDA commodities to which the CITY is entitled in conjunction with the fiscal year feeding program and the liability for the use of such commodities. 9. The CITY shall bear the sole responsibility for care of all perishable food items after they have been delivered to the sites until the time of consumption. 10. The amount of milk or food needed for the preparation of said lunches shall be arranged by the DISTRICT at the time adjustments for number of said lunches are made. The CITY shall not participate in the ordering of food or milk needed to prepare said lunches. 11. The DISTRICT shall bill CITY monthly and billing will include all transactions through the close of business on the last operational day of the month. CITY shall promptly pay said bills. 2 t:l5 -/~ ::>: / " ~ ... 12. The CITY agrees to bear the cost of any losses resulting from theft or improper storage once the lunches are delivered to the CITY. The CITY further agrees that once the lunches have been delivered to authorized CITY personnel, the CITY assumes the responsibility to dispose of such and return no food items. CITY shall not be entitled to any credit for over-ordering of lunch orders. The CITY shall pay the cost of necessary repair or replacement of any food carriers or other equipment damaged as a result of use by the CITY. 13. 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. 14. The DISTRICT will 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. 15. CITY certifies it will not discriminate 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) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT'S programs and activities. 3 95-133 16. 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 Dr. Harold L. Boring 777 North "F" Street San Bernardino, CA 92410 17. This Agreement may be cancelled by either party, by giving fourteen (14) days' prior written notice to the other party. 18. This Agreement shall not be assignable, but may be amended by the mutual written consent of both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as shown below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~)f1~ . TOM MINOR Mayor ~Bt~.D. Assistant Superintendent Administrative Services Date: 5/3-q~ Date: MAR 2 3 1995 ATTEST: ~.~ CITY CLERK , 6y;J~~~ Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:~A" ./ 4 95-133 Exhibit A 1994-95 FISCAL YEAR LUNCH PROGRAM SITE ADDRESS MEAL TIME Hernandez Community Center 222 North Lugo 12:00 p.m. Johnson Hall Community Center 906 North Wilson Street 12:00 p.m. Lytle Creek Community Center 280 South "K" Street 11:30 a.m. Mill Community Center 503 East Central A veune 11:30 a.m. Nicholson Community Center 2750 West Second Street 12:00 p.m. Curtis Middle School 1472 East 6th Street 11:30 p.m. Lincoln Elementary School 225 West 13th Street 1:15 p.m. 5 '. 95-133 ' ORIGINAL 15-POINT AMENDMENT TO FOOD SERVICE AGREEMENT Summer Food Service Program The contract between City of San Bernardino(Spol1sor) with offices at300 N "n" SrT'Ppr _ _, hereinafter called "The Sponsor," and San Bernardino City USD(VendorJ hereinafter calle,j "The Vendor, "executed by the parties thereto on March 21 . 1995 is hereby amended to provide the following: I . I, All meals prepared by the vendor shall be unitized, with or without milk or juice, unless USDA he:, approved' a request for exceptions to the unitizing reQuirement for certain components of thl~ meal; 2. A vendor entering into a contract with a sponsor under the Prog:-am shell not subcontract for tht~ totlll meal, with or without milk, or for ,the assembly of the meal; 3, The sponsor shall provide to the '1endor a list of USDA.approved food service sites. along with the approved level for the number of meals which may be claimed for reimbursement for each site and shall notify the vendor of all sites which have been approved, canceled, or terminated subsequent to the submission of the initial approved site list and of any changes to the approved level of meal service for a site. Such notification shall be provided within the time limits mutually agreed upon in the contract; 4. The vendor shall maintain such records (supported by invoices, receipts, or other evidence) as the sponsor will need to meet its responsibilities under this part and shall report to the sponsor promptly at the end of each month, at a minimum; 5. The vendor shall have State or local health certification for the facility in which it proposes tc> prepare meals for use in the Program. and it shall ens_ure that health and sani:ation requirements; are met at all times. In addition, the vendor shall provide for meals which it prepares to bE: periodically inspe"ted by the local heaith department or an independent agency to determinE: bacteria levels in the meals being served. These levels shall conform to the standards which arE: applied by the local health authority with respect to service establishments in the locality. Results; of the inspettions shall be submined to the sponsor and to USDA. . 6. The meals served under the contract shall conform to the cycle menus and meal Quality standards, and food specifications approved by USDA and upon which the'bid was based, if applicable; '7. The books and records of the vendor pertaining to the sponsor's food service operation shall be available for inspection and audit by representatives of USDA and the U.S. General Accounting Office at any reasonable time and place for a period of three (3) years from the date of receipt of final payment under the contract: B, The sponsor and the vendor shall operate in accordance with current Program regulations: 9. The vendor shall be paid by the sponsor for all meals delivered in accordance with the contrac'[ and this part. However, USDA assumes no liability for payment of differences between th.. number of meals delivered/prepared by the vendor and the number of meals served by the sponsOlr that are eligible for reimbursement; . 95-133 ~- 15-Point Amendment to Food Service Agreement Summer Food Service Program Page 2 . , O. Meals shall be delivered in accorcc;nce with a deliver,! schedule prescribed in the contract; '11. Increases and decreases in the number of meals ordered shall be made by the sponsor, as needed. within a prior notice period mutually agreed upon; 12. All meals delivered/prepared under the Program sheil! meet the wMeal Service Requirements" section of the current Program regulations; t 1 J. In cases of nonperformance or noncompliance on the part of the vendor, the company shall pay the sponsor for any excess costs the Sj::onsor inCl!rs by obtaining meals from another source; , 4. The vendor shall submit records of all costs incurr~d in the sponsor's food service operation in sufficiclIl time to allow the sponsor to prepare ar.d submit the claim for reimbursement to meet the 50-day submis sion deadline; 15. The vendor shall comply with the appropriate bonding requirements as set forth in the curre!1t Program regulations. Type(s) of meal service Brenkfast lunch Dinner Snack Price per meal $2.05 Period covered by 3/20/95 - , contract/agreement 6/B0/95 Estimated total of 250 meals contract/agreement per day t ,~~ sentative ALthorized Sponsor Representative Authorized Vendor R MAR 2 3 1995 s- ~ 3 ~Cf) Date Date "These items may be deleted by Upward Bound and National Youth SportS Programs college cafeteria setting to provide meals conder the SFSP. which use a