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HomeMy WebLinkAbout1992-204 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 RESOLUTION NO. 92-204 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 reaular meeting thereof, held on the 15th day of June , 1992, by the following vote, to wit: II II II II II 26 II 27 5/13/92 28 -1- 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: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS X X X X X X - X - ABSTAIN ABSENT 1\_( 'L- './ day of June The foregoing resolution is hereby approved this 18th Approved as to form and legal content: James F. Penman city Attorney 11 . . 1 By: ~7./e~ f 5/13/92 CAJ / .' , . ,C. '-" l City.. Clerk "') , ,/ . \:-", , 1992. /.?:? ,;;() / .,' /' t i .~.' / ~. <. jIolcfomb, Hayor city of s~n Bernardino -2- . , City of S Bdno Res No. 92-204 adopted 6/15/92 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 19th day of May, 1992, 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 June 29. 1992, through August 28. 1992, inclusive. 2. The DISTRICT agrees to deliver 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 DISTRICT 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. 1 3. The CITY agrees to pay the DISTRICT $1.78 for each lunch 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," 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 and utensils as soon as possible after food has been served. Said clean equipment and utensils shall be returned to the DISTRICT preparation kitchen before noon on the service day following the service day it was delivered to the CITY. 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 shall bear the sole responsibility for care of all refrigerated perishable food items after they have been delivered to the sites until the time of consumption. 9. 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. 10. 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. 11. 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 12. 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 DlSTRICf agrees that it will not be indemnified for injuries to DISTRICr personnel which occur while DISTRICf personnel are performing pursuant to this Agreement or for injury to anyone arising out of a negligent act of the DlSTRICf. 13. 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 DISTRICf, its officers, employees, and agents, in carrying out this Agreement. 14. 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 DISTRIITS programs and activities. 15. All notices, invoices, and other correspondence may be given by United States mail to the following addresses: 3 CITY City of San Bernardino City Clerk 300 North "D" Street San Bernardino, CA 92418 DISTRICT San Bernardino City Unified School District Assistant Superintendent Administrative Services 777 North "F" Street San Bernardino, CA 92410 16. This Agreement may be cancelled by either party, by giving fourteen (14) days' prior written notice to the other party. 17. 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 ~> , Ed.D. TIN: 95-6000772 , JUN 18 1992 TIN: 95-2285577 JUN 09 1992 Date: Date: A TIEST: ,~~A.L( f}/~'.'v:l_~,..Lc LERK .- Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ;k",J'''''? 7. ;t:~--- .f1 4 r---~- - ". City of S Edna Res 92-204 adopted 6/15/92 ORIGINAL 15 POINT AMENDMENT TO FOOD SERVICE AGREHIENT SUMMER FOOD SERVICE I'ROGHA~l The contract between Cj tv of San Rp.rnardinp(Sponsor) hereinafter called "The Sponsor", and . SBCUSD Vendor", executed by the parties thereto on May 19 provide the following: with offices at iOO N "nil ~t J ~an , (Vendor) hereinafter called "The , 1992, is hereby amended to Bernar- dino *1. All meals prepared by a food service Management company shall be unitized, with or without milk or juice, unless that State agency has approved a reqtlest for exceptions to the unitizing requirement for certain components of a mc::\l; 2. A food service management company entering into a contract with a sponsor under the Program shall not subcontract for the total meal, with or without milk, or for the 3SSC!11b!y of the mc8.!; 3. The sponsor shall provide to the food service management company a list of St<1te agency approved food service sites, along with the Jpproved level ror the number 0[' meals which may be claimed for reimbursement for each site and shall notify the food service management company of all sites which have been approved, cancelled, 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 skill be provided within the time limits mutually agreed upon in the contract; *4. The food service management company shall maint:1in such records (supported by invoices, receipts, or other evidence) as the sponsor will need to meet its responsibilities under this pan :Jnd shall repon to the sponsor promptly at the end of each month, at a minimum; 5. The food service management company sholl have Swte or local health certification for the fncility in which it proposes to prepare meals for use in the Program, and it sh,1l1 ensure that health and sanitation requirements <Ire met at all times. In addition, the food service management company shall provide tor meeds which it prepares to be periodically inspected by the local health department or on independent agenc)' to determine bocteria levels in the me<lls being served. These levels shall conform to the standnrds which ore applied by the loc:ll health authority with respect to service establishments in the locality. Results of the inspections sholl be submitted to the spon::or and to the State: agency; *6. The meals served under the contract shall conform to the cycle nielHIS ~nc1 me~l quolity stond:Jrds ond food specificolions opproved by the State agencv and upon which the bid was based, if applicable; *7. The books and records of the food service m~n:1gment cotnp:1ny pertaining to the sponsor's food service operation shall be ::!vail:1ble for inspection :'Inti Juclit by representatives of the State agency. the Dep,Htment, nnd the U,S. Gener"l Accounting Office 01 ony reasonable time and place for a period of three e,l years from the dote of receipt of finol payment under the contract; 8. The sponsor and the food service monagel!'ent company sholl operote in accord<1nce with current Program regul~tions; . . 9. The food service man3gement company shall be paid by the sponsor for all meals delivered in accordance with the contract and this part. However, neither the Department nor the State agency assumes any liability for payment of differences between the number of meals delivered/prepared by the food service management company and the number of meals served by the sponsor that are eligible for reimbursement; "10. Meals shall be delivered in accordance with a delivered schedule prescribed in the contract; "] I. 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 food service management company, the company shall pay the sponsor for any excess costs the sponsor incurs by obtaining meais from anolhe.l source~ 14. The food service management company shall submit records 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 60 day submission deadline; 15. The food service management company shall comply with the appropriate bonding requirements as set forth in the current Program regulations. Type(s) of meal service Breakfast Lunch Dinner Snac~ Price per meal $1. 78 Period covered by con tract/agreement June 29, 1992, through August 28, 1992 Estimated Total of contract/agree men t f~~ sar Representative 1500 per day DATE: t: - ;? ~-7v Authorized Vendc.r epresentative .. 1 d' B .,. ~ 11arO~ L. orlI } ~Q.l)., Asst. Supt., Admin. Svs. DA TE: MAY 20 1991 " These items may be deleted by Upward Bound and National Youth Spans Programs which use " college cafeteria setting to provide meals under the SFSP.