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HomeMy WebLinkAbout1993-175 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. q~ 17'> RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT 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 TO CITY'S SUMMER 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 to City's summer 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 reqular meeting thereof, held on the 7th day of June , 1993, by the following vote, to wit: II II II II II II 5/13/93 -1- RES 93-175 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 SUMMER FOOD SERVICE PROGRAM. COUNCIL MEMBERS: AYES NAYS ABSTAIN NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x OFFICE VACANT POPE-LUDLAM x MILLER x ABSENT Q~~" C~~ Ci~ berk The foregoing resolution is hereby approved this \ b'l\ day of .June , 1993. ~~ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney BY:~ l p~ (l sbcusc-summerlunchprog 5/13/93 -2- Res 93-175 ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Summer) THIS AGREEMENT, is made and entered into this 4th day of May, 1993, 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 haye 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 DISTRICf 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 June 28. 1993, through September 3. 1993, inclusive. 2. The DISTRICf agrees to deliyer to the CITY, each "service day" during the term of this Agreement, said lunches in a number specified by the CITY. a. A "service day" shall be every day with the exception of Saturdays and Sundays, during the term of this Agreement. b. Each lunch shall comply with Type "A" requirements set by United States Department of,Agriculture for students' 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 needed. The DISTRICf shall continue preparing the same number of lunches unless CITY notifies the preparation kitchen as indicated above. d. Lunches shall be packaged on a disposable tray wrapped with clear plastic-type material. 3. The CITY agrees to pay the DISTRICf $1.85 for each lunch delivered to the CITY pursuant to this Agreement. 1 . RES 93-175 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," to be attached hereto upon execution by the CITY, 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 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 deliyered to the CITY. The CITY further agrees that once the lunches have been deliyered 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 'RES 93-175 13. The CITY agrees to indemnify and hold harmless DISTRICf 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 DISTRICf 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 DISTRICf agrees that it will not be indemnified for injuries to DISTRICf 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 DISTRICf. 14. The DISTRICf 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 DISTRICf, 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 DISTRICf'S programs and activities. 16. All notices, invoices, and other correspondence may be given by United States mail to the following addresses: 3 . RES '.3:-175 CITY City of San Bernardino City Clerk 300 North "D" Street San Bernardino, CA 92418 DISTRICf 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 ~~ TOM MINOR Mayor / HAROLD L. BORIN ,Ed.D. Assistant Superintend nt Administrative Services TIN: 95-6000772 TIN: 95-2285577 foII1l'H'1'l9'j Date: ' J t';: :' ( '(!S! Date: ATIEST: ~"'-~/ UC<.~,4 ~ERK Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L.., 1. f ~ tJ 4 Affi-12-'93 MON 13:57 1j).:PARKS REC & COM SERU TEL NO:714 384-5467 Res. 93-175 IJ265 P02 ORIGINAL 15.POINT AMENDMENT TO FOOD SERVICE AGREEMENT. Summer Food Service Program Tbe contract bttw.." City of San Bernardino (Sponsor) with offic.. at 300 N. "D" St. San Bernardino , hereinaft.r called "The Sponsor,' and San Bernardino City IlSD IV.ndor) heralna1tar ctlled "The Vendor," executed by the parti8ll thereto on MRY 4 1 qq i 1993 J. hereby amended to provlde the following: .1. /1.11 meals prepared by the vendor shall unitized, with or without milk or juice, unleal USDA has approved a request for exceptions to the unitizing rilQLlirement for c:ertaln component. of the meal; 2. A vendor entering Inta II contract with a sponsor under the Program shall not luboontract for the total milal, with or without mIlk, or for the assembly of the meal; . 3. The Iponsor ahalf provide to the vendor a lilt of USDA-appraved food service Bltea, along with tbe approved lavel fa, the number 01 meals Which mey be claimed for reimbursement for each ,ita end Ihell notify the vendor of all sites which h~Ye been ,pproved, Cllnc,led, Of terminated 8\lbsequ,nt to the submission of the Initial approved Site list .nd of any changes to the approvsd level 01 meal service for a site. Such nDtlflcBlion shall be prQvlded within the time limits mutually agrlled upon In the contract; 4, The vendor .hall malmaln such recorda lsupported by Invoices, receipts, or other evIdence) IS thlll aponsor wlll ""ed to meet Its responslbilitiea under this perl and shan report to the sponsor promptly It tha and of each mQnth, at a mInimum; 5. The vlndor shall havs Stete or local health certIfication for the faCility In which It propose. to propare meal, for use In tho Program, and it shall Insure that health and ssnltiltlon requiremenu sre met at all times. In addition, the vendor Shall provide for meals whIch It preparls to be periodically inspected by tha local health dep..rtrnent or an Independilnt.gancy to determine bacteria levels In the melll$ being served. These level a shall conform to the BtIIndard. which are applied by the local he.lth luthority with respect to service IStabllshmenuln the locality. Results of the inspections shall be submitted to the sponsor and to USDA. "6. The meall served under the contract ahall conlorm tQ the cycle menus and mee' QualitY Ic.ndardlll and food specifieations approved by USOA and upon which the bId w.. baaed, II appllcablej 0'7. The books and records of the vendor pertainln" to the sponsor', food IUlrvlce OPll"tlon shill be available for Inapsctlon ..nd audit by representative, of USDA IInd the U.S. General Accounting Office at any reasonable time and place for a period of three 131 YOlra from the date of re~fpt of final payment under the contract: 8. The apoll$or end the vendor shall operste 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 pllll't. However, USDA Ulum.8 no Ueblllty for payme'lt 0' differences between the number of meals delivered/pre-pared by the \lendor and the number of meals served by the sponsor that are eligible for reimbursement; I RES 93.-P5 APR-12-'9~ MON 13:58 ID:PARKS REC ~ COM SERV TEL NO:714 384-5457 11255 P03 .10. Meala aha a be deUvered In IIccordence with a delivery achedule prncribed In the contract; .11. Incre8118' find decreases In the number of meala orderad shIll ba made by the eponer;Jr. .. needed, within e prior notice petiod mutually agrud upon; 12. All meal. delivered/prepared under the Program shIll moet the "Meel Service Requlremlnts" eKtlon 01 the currant prooram regulations; 13. In ell..a of nonperformance or noncompliance on the PII.r't 1)1 the vendor, the company aha" pay the .pollllor lor .ny ."Clas cosh the aponsor Inc",rs bv obtoiniflO m..la from another .ouree; ,4. The ....ndor ahlll aubmll recorda ell costs Incurred In the aponsor's food service operation In aufficlent 11m, tQ Bilow the spon.or to propeto end Bubmlt the claim fotr~rnlw(Mment WmJMIt the ftO-dflV submission deadline: 15. The vendor shIll comply with the appropriate bondlnll requirements .. tel forth In the current "rogr.rn regulation.. Type(s) of meal service Breakfast Price per meal PerIod covered by contrectlegreement Estimated tot4l1 of contract/agreement Lunch Dinner Snack $1.85 6/28/93 thru 9/3/93 1500 meals per day entatlve Auth MAY 1 0 1993 JtlN J n j~l Dete Date "Ttles8 Items may be (lillleted by Upward Bound and National Youth Sports Programs whioh use 8 college cafeteria setting to provide meals under th$ SFSP.