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Home My WebLink About1995-427 1 2 3 4 5 6 RESOLUTION NO, 95-427 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 TO CITY'S YEAR-ROUND 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 7 8 authorized and directed to execute on behalf of said City an agreement with the San Bernardino 9 City Unified School District relating to the delivery of Type A lunches to City's year-round 10 lunch sites, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 11 12 13 14 15 16 17 18 19 20 21 reference as fully as though set forth at length, I HEREBY CERTIFY that the foregoing resolution was dully adopted by the Mayor and Common Council of the City of San Bernardino at a meeting regular thereof, held on the 18th December , 1995, by the following vote, to wit: day of COUNCIL MEMBERS: AYES NAYS ABSTAIN AIHNT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x 22 DEVLIN x 23 POPE-LUDLAM 24 25 26 x MILLER x , , C-La-r'vL I Clark, City Clerk 27 12/5195 28 /7--- II,., 1 2 3 4 RE: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SBCUSD RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S YEAR- ROUND LUNCH SITES, The foregoing resolution is hereby approved this Jf)fl day of 5 December , 1995, 6 7 8 9 ~~\ /C/771 ,~ tom Minor, Mayor City of San Bernardino 10 Approved as to form and legal content: 11 12 James F, Penman City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 sbusdTypeALunches 28 12/5/95 -1- 95-427 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 31st day of October, 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 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 November 1. 1995, through June 30. 1996, 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, utensils, 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 1 . - -)-- {/, -". ~/ 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, For reference, the Federal reimbursement rate is currently $2.12 for lunch, 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 Dr. Harold L. Boring 777 North "F" Street San Bernardino, CA 92410 The DISTRICT and the CITY further agree to the following DISTRICT resDonsibilities: 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, 2 '/,- U'..' G/ ') L/ _ The DISTRICT and the CITY further agree to the following CITY resDonsibilities: 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, 3 o-~ , - (;/) ~ t k,/ 1995." 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 oflegal 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 illaefl1flii)> ana held hmnJcJs the: CrT'! fluBl a.uy lu~~ UI lia.bili~{, ('l~im, gUll, Sf jYsg8Rl8St, F8Stiltiflg ffem nark of act.3 dOh\..< VI Vlll~ll!;;J Ly llu; DISTRICT, it3 effice:f3, Cfllplo)CC3, anei agent}, an carryil~g cn!t it3 re.3pel~Jibilitft3 uflckr tti3 ~\~r("!h'l1t. 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 4 7'(< // ' .., ~ r_ ~ 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 ,....----- / f9?FI T6M MINOR Mayor /;:(t1~ HAROLD L. BORING, Ed Assistant Superintendent Administrative Services Date: 1J.-;).[)-1~ Date: DEe 0 5 1995 ATTEST: Q~J). ~ CITY'cLERK Approved as to form and legal content: JAMES F, PENMAN, City Attorney 5 ~, :- ,'.. '\ 7 '-1-0:- I 1995-96 FISCAL YEAR LUNCH PROGRAM COMMUNITY CENTER SITE Delmann Heights Hernandez Johnson Hall Lytle Creek Mill Nicholson Neighborhood Reuben Campos 6 ADDRESS 2969 North Flores Street 222 North Lugo 906 North Wilson Street 280 South "K" Street 503 East Central Avenue 2750 West Second Street 2204 Sunrise Lane 1717 West 5th Street Exhibit A