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HomeMy WebLinkAbout1991-227 1 2 3 4 5 6 7 RESOLUTION NO. 91-227 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 8 is hereby authorized and directed to execute on behalf of 9 said City an agreement and 15 Point Amendment attached as 10 Attachment 2 of Agreement, with the San Bernardino Unified 11 School District relating to the delivery of Type A lunches to 12 city's summer lunch sites, a copy of which is attached 13 hereto, marked Exhibit "A" and incorporated herein by 14 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 17th day of June , 1991, by the following vote, to wit: 15 16 17 18 19 20 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 5/21/91 -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD 2 SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO 3 UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. 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 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA --1L- REILLY --2L- HERNANDEZ --2L- MAUDSLEY --2L- MINOR --2L- POPE-LUDLAM X MILLER --X.- -- ~ 'X---~~t- City Clerk The foregoing resolution is hereby approved this 19th day of June , 1991. ~ 1Ui;t~ ~ MINOR, MAYOR PRO TEMPORE Approved as to form and legal content: James F. Penman City Attorney By: lli/Y>"/J 7 o p ~yvy!~ (RESO-S.LUNCHPRO) May 21, 1991 -2- . ., Res. 91-227 Onl"'!~'I'\ L '1-" , I.... I I \ I, \ l U, ~r'\ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Summer) THIS AGREEMENT, made and entered into this 8th day of May, 1991, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT," and the CITY OF SAN BERNARDINO, hereinafter referred to as "CITY," is as follows: R E C I TAL S: WHEREAS, children and, the CITY desires to have lunches provided for minor who are taking part in the city Youth Activities Program; 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. '!he term of this Agreement shall be from Julv L 1991, through Aucrust 30. 1991, inclusive. 2. '!he 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 an:i SUJrlays, during the term of this Agreement. b. Each lunch shall comply with Type "A" requirements set by united states Department of Agriculture for students I nutritional needs, an:i the contents of the menus shall be agreed upon mutually. c. '!he CITY shall call the DISTRICT preparation kitchen before 2:00 p.m. of the service day p:rery><li"B" the service day of the required service, indicating the number of lunches needed. '!he DISTRICT shall continue preparing the sane mnnber of lunches unless CITY notifies the preparation kitchen as indicated above. 1 , d. !J..mches shall be packaged on a disposable tray wrapped with clear plastic-type material. 3. 'Ihe CITY agrees to pay the DISI'RIcr $1. 75 for each lunch delivered to the CITY pursuant to this Agreement. 4. 'lhe DISl'RIcr 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, ani made a part of this 1\greeIrent. 5. 'Ihe DISI'RIcr agrees to furnish all labor ani vehicles necessary to transport said lunches fran the preparation point to the authorized CITY sites. 6. 'Ihe CITY shall provide arry ani all labor necessaJ:Y for service of said lunches at designated sites, ani the CITY agrees to clean all reusable DISl'RIcr equipment ani utensils as soon as possible after food has been served. Said clean equiptElt ani utensils shall be returned to the DISl'RIcr preparation kitchen before noon on the service day following the service day it was delivered to the CITY. 7. 'lhe CITY shall provide arry clerical or acx::ount.ing services needed for ccmpleting ani filing state reports, which may be required to entitle the DISI'RIcr or the CITY to rei1l1bursement fran the state. 8. 'Ihe 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 collSUIlption. 9. 'lhe aJOOIlI'lt of milk or food needed for the preparation of said lunches shall be arranged by the DISI'RIcr at the time adjusbnents for mnnber of said lunches are made. 'Ihe CITY shall not participate in the ordering of food or milk needed to prepare said lunches. 10. 'Ihe DISI'RIcr shall bill CITY monthly ani billing will include all transactions through the close of business on the last service day of the month. CITY shall pJ:'Ol'lPtly pay said bills. 11. 'Ihe CITY agrees to bear the cost of arry losses resulting fran theft or :i1nproper storage once the lunches are delivered to the CITY. 'lhe 2 CITY further agrees that once the lunches have been delivered to authorized CITY personnel, the CITY assumes the responsibility to dispose of such ani return no food items. CITY shall not be entitled to any credit for over-oroering of lunch oroers. 12. '!he CITY agrees to irrlenmify ani hold hannless DISTRIcr ani its departments, agents, officers, ani errployees for any ani all liability arising out of the perfonnance of this Agreement. Said in:iemnification shall include, rot not be limited to: any liability resulting fran defective or spoiled food once the food has been delivered to the CITY; any liability for any injw:y to CITY personnel or persons un1er CITY direction or control, in or about DISTRIcr premises; any liability caused by any error, omission, or act of CITY or of any person errployed by CITY or of any others for whose acts CITY is legally liable. Said irrlenmification shall include, in the event of legal action: court costs; expenses of litigation; reasonable attorney I s fees; ani any ani all SUlIIS awarded by a court of competent jurisdiction, including p.mitive damages, or aa::epted in a settlement agreement. '!he only exception to this irrlenmification agreement is that DISTRIcr agrees that it will not be irrlenmified for injuries to DISTRIcr personnel which cxx:ur while DISTRIcr personnel are perfonning pursuant to this 1\greement or for injw:y to anyone arising out of a negligent act of the DISTRIcr. 13. 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 CCIIlpliance with: o Title VI ani VII of the civil Riahts Act of 1964. as anerrled (pertaining to race, color, national origin, ani religion) ; o Title IX of the Education Amerrlrrents of 1972 (pertaining to sex) ; o Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); ani o '!he llae Discrimination Act of 1975 (pertaining to age) '!his non-discrimination policy covers admission ani aa::ess to, ani treatment ani errployment in, the DISTRIcr'S programs ani activities. 3 , 14. All notices, invoices, arrl other =rresporrlenoe may be given by united states mail to the following addresses: CITY city of San Bel:nardino City Clerk 300 North "D" street San Bel:nardino, CA 92418 DISl'RIcr San Bel:nardino City unified School District Assistant SUperi.nten:ient Administrative Services 777 North "F" street San Bel:nardino, CA 92410 15. 'Ibis l\gree1'rent may be cancelled by either party, by giving fourteen (14) days' prior written notice to the other party. 16. 'Ibis Agreement shall not be assignable, but may be amerrled by the llIUtual written =nsent of both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as shown below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED CITY DISTRICT --I{!>>11 J11/~ TOM MINOR, MAYOR PRO TEMPORE Mayor ~t~ HAROLD L. BORING, Ed~ Assistant Superinten nt Administrative Services TIN: 95-6000772 TIN: 95-2285577 Date: June 19, 1991 Date: MAY 0 9 1991 Approved as to form and legal content: James F. Penman City Attorney /. p. 4 . . Res. 91-227 ORIGINAL 15 POINT AMENDMENT TO FOOD SERVICE AGHEHIENT SUMMER FOOD SERVICE PROGHAM The contract between City of San Rp.rnardinP(Sponsor) with offices at iOO N "n" St . San hereinafter called "The Sponsor", and . SBCUSD , (Vendor) hereinafter called "The Vendor", executed by the parties thereto on May 8 , 1991, is hereby amended to provide the following: 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 request Cor exceptions to the unitizing requirement for certain components of a meal; 2. A food service management company entering into a contr<lct with a sponsor under the Program shall not subcontract for the total meal, with or without milk, or Cor the assembly of the meal; 3. The sponsor shall provide to the food service management company a list of State agency approved food service sites, along with the approved level Cor the number oC meals which may be claimed for reimbursement for each site and shall notiCy the Cood 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 notiCication shall be provided within the time limits mutually agreed upon in the contract; *4. The food service management company 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 food service management company 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 all limes. In addition, the food service management company 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 ser"ice establishments in the locality. Results of the inspections shall be submitted to the sponsor and to the State agency; *6. The meals served under the contrGct shall conform 10 the cycle menus JI1c1 meal quality standards and food specifications approved by the State agenc" and upon which the bid was based, if applicable; *7. The books and records of the food service manJgment company pcrtaining to thc sponsor's food service operation shall be availGble for inspection Gild audit by representatives of the State agency. the Department, and the U ,So Gencral Accounting Office at any reasonable time and place for a pcriod of three (3) years from the date of receipt of final payment under the contract; 8. The sponsor and the food service managcl?'ent company shall operate in accordance with current Program regulations; . 9. The food service management 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; * J]. 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 meals from another source: ]4. 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 Snack Price per meal $1. 75 Period covered by con tract/agreement July 1, 1991 through August 30, 1991 Estimated Total of con tract/agreement DATE: w. R. Holcomb,~~yor, City of San Bernardino JUN 2 4 1991 day Authorized Vend r Represen Harold L. Boring, Ed.D. Asst. Supt., Admin. Svs. DA TE: tiny 091991 * These items mal' be deleted by Upward Bound and National Youth Sports Programs which use a college cafeteria setting to provide meals under the SFSP.