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HomeMy WebLinkAbout1995-240 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 RESOLUTION NO. 95-240 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT FOR 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 LUNCH SITES, 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 and 15 Point Amendment attached as Attachment 2 of Agreement, with the San Bernardino Unified School District relating to the delivery of Type A lunches and snacks to 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 n adjourned regular meeting thereof, held on the 10th July , 1995, by the following vote, day of to wit: II II II II II II 6/21/95 -1- (i, [I c' [) 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 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT FOR THE SUMMER FOOD SERVICE PROGRAM, COUNCIL MEMBERS: AYES NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN X DEVLIN X POPE-LUDLAM X MILLER X NAYS ABSTAIN ABSENT ~r~Clerk The foregoing resolution is hereby approved this day of July , 1995. /3d. - / ~Aa,~, Tom Minor, ayor City of San Bernardino Approved as to form and legal content: James F, Penman City Attorney By: (~tf~ {J sbcusc-summerlunchprog 6/21/95 -2- 95-240 ORIGINAL l/-' SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "P" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Summer) THIS AGREEMENT, is made and entered into this 6th day of June, 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 and snacks 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 snacks, 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 Julv 3. 1995, through Seotember 1. 1995, inclusive, 2, The DISTRiCT agrees to deliver to the CITY, each "service day" during the term of this Agreement, said lunches and snacks in a number specified by the CITY, a, A "service day" shall be every day with the exception of Saturdays and Sundays, and July 4, during the term of this Agreement. b, Each lunch and snack shall comply with Type "A" requirements and snack requirements for summer food service programs set by United States Department of Agriculture for children's nutritional needs, and the contents of the menus shall be agreed upon mutually. c, The CITY shall call the DISTRiCT preparation kitchen before 2:00 p,m, of the service day preceding the service day of the required service, indicating the number of lunches and snacks needed, The DISTRiCT shall continue preparing the same number of lunches and snacks unless CITY notifies the preparation kitchen as indicated above. In the event fewer meals are delivered than were requested, and the meal shortage is ten (10) or more meals, the DISTRiCT shall be notified immediately and shall be allowed to remedy the shortage before meal time is over. d, Lunches shall be packaged on a disposable tray wrapped with clear plastic-type material. Snacks shall be packaged appropriately for the snack contents. 1 ;-------- 1- Vj ~, 3, The CITY agrees to pay the DISTRICT $1.88 for each lunch and $.46 for each snack delivered to the CITY pursuant to this Agreement, 4, The DISTRICT shall deliver said lunches each service 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. 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 service day after the service 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 connection with its summer youth nutrition 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 service day of the month, CITY shall promptly pay said bills. 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, 2 'i/,.' ') "" :u 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, The CITY certifies it will not discriminate 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 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 Emolovment 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, 3 'J '/'1 ",--- \./ 16, All notices, invoices, and other correspondence may be given by United States mail to the following addresses: CITY City of San Bernardino City Clerk 300 North "0" Street San Bernardino, CA 92418 DISTRiCT San Bernardino City Unified School District Assistant Superintendent Administrative Services 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 ~ :x~ T~~ Mayor l~tB~ lli.D. Assistant Superintendent Administrative Services Date:l-rfJ1S Date: JUN 1 5 1995 ATTEST: a~~ CITY CLERK Approved as to form and legal content: JAMES F. PENMAN, City Attorney By71'~t ;) j~ . <J 4 f/7- J.. YO ORIGINAL' 1995 1 5-POINT AMENDMENT TO FOOD SERVICE AGREEMENT Summer Food Service Program The contract between City of San Bernardino (Sponsorl with offices at 300 N, "n" Street. hereinafter called .The Sponsor: and San Bdno City Unified (Vendor) hereinafter called .The Vendor:executed by the parties thereto on June 6, 1995 , 1995 is hereby amended to provide the following: . 1. All meals prepared by the vendor shall be unitized, with or without milk or juice, unless USDA has approved a request for exceptions to the unitizing requirement for certain componenu of the meal; 2. A vendor entering into a contract with a sponsor under the Program shall not subcontract for the total meal, with or without milk, or for the assembly of the meal; 3. The sponsor shall provide to the vendor 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, receipU, 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 to prepare meals for use in the Program. and it shall ensure that health and sanitation requirements are met at aft times. In addition, the vendor shall provide for meals which it prepares to be periodically inspected by the local health 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 inspections shall be submitted to the sponsor and to USDA. '6. The meals served under the contract shall conform to the cycle menus end 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 (31 years from the date of receipt of final payment under the contract: 8, 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 contract and this part. However, USDA assumes no liability for payment of differences between the number of meals delivered/prepared by the vendor and the number of meals served by the sponsor that are eligible for reimbursement; 9';- )JIO ,'. ~ , -' , 1 5-Point Amendment to Food Service Agreement Summer Food Service Program Page 2 .10. Meals shall be delivered in accordance with a delivery 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 shall meet the .Meal Service Requirements. section of the current Program regulations; 13. In cases of nonperformance or noncompliance on the part of the vendor, the company shall pay the sponsor for any excess costs the sponsor incurs by obtaining meals from another source; 14. The vendor shall submit records of all costs incurred in the sponsor's food service operation in sufficient time to allow the sponsor to prepare and submit the claim for reimbursement to meet the 6O-day submission deadline; 15. The vendor shall comply with the appropriate bonding requirements as set forth in the current Program regulations. Typels) of meal service Breakfast lunch Dinner Snack Price per meal ., 00 .,.. I. < Period covered by 7/3/95 - 7/3/95 - contract/agreement 9/1/95 9/1/95 Estimated total of 1600 meals 600 snacks contract/agreement nor """ 'nor" Grand Total $ sentative --r~~ Autholiz.ed Sponsor Representative JUN 1 5 1995 '7-f3-'t-S Date Date .These items may be deleted by Upward Bound and National Youth Sports Programs which use a college cafeteria setting to provide meals under the SFSP,