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HomeMy WebLinkAbout1990-190RESOLUTION NO. 90-190 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 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 12 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 regulaI meeting thereof, held on the day of 4th June , 1990, by the following vote, to wit: AYES: Council Members Reilly, Flor:es, Maudsley, MinoI, Pope-Ludlam NAYS: None ABSENT: Council Members Estrdda, Miller ./#~~hw / City Clerk May 10, 1990 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 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. 3 4 5 6 The foregoing resolution is hereby approved this 7 day of /--' / ./7 _ ./ /' "' /")., /.' . ""f;"';;j'/ ' .u/' ,/ /.<. -,/ . / /'. ;/ /". /, ~. ". / ,-~ <- //,- -- G'--- l "",,,,,. ..>-/ W. CR. /Holcomb, Mayor ,11lnp- , 1990. 8 9 10 Approved as to form and legal content: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 May 10, 1990 -2- 28 '. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" street San Bernardino, California 92410 . ORiGINAL FOOD SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of May, 1990, 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," 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. The term of this Agreement shall be from July 2, 1990 through August 31, 1990, 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. 3. The CITY agrees to pay the DISTRICT $1.70 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. 12. 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. 13. This Agreement may be cancelled by either party, by giving fourteen (14) days' prior written notice to the other party. 14. 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 15. 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 on the day and year first above written. Date: ~. SAN BERNARDINO CITY UNIFIED CITY DISTRICT ;~\N.t ~\t HAROLD L. BORING, E Assistant Superinte ent Administrative Services MAY 0 8 1SSG Date: f 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM 'ORIGINAL . . The contract between City of San Bernardino(Sponsor) with offices at 300 N. "n" St., Sa!) hereinafter called "The Sponsor", and SBcusn , (Vendor) hereinafter called "The Vendor", executed by the parties thereto on May ~ , 1990, is hereby amended to provide the following: Bernar-. dino L The sponsor shall provide to the food service management company a list of State agency 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 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 in the approved level of meal service for a site. Such notification shall be provided within the time limits mutually agreed upon in the contract; .2. 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 the minimum; 3. 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 times. 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 the level of bacteria which may be present in meals served by other food service establishments in the locality. Results of the inspections shall be submitted to the sponsor and to the State agency; .4. The meals served under the contract shall conform to the cycle menus and meal quality standards and food specifications approved by the State agency and upon which the bid was based, if applicable; .5. The books and records of the food service management company pertaining to the sponsor's food service operation shall be available for inspection and audit by representatives of the State agency, the Department, and the U.S. General Accounting Office at any reasonable time and place for a period of three (3) years from the date of receipt of final payment under the contract; 6. The sponsor and the food service management company shall operate in accordance with current Program regulations. 7. The food service management company shall be paid by the sponsor for all meals delivered in accordance with the contact 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; .8. Meals shall be delivered in accordance with a delivery schedule prescribed in the contract; ~ . " *9. 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; 10. All meals delivered/prepared under the Program shall meet the "Meal Service Requirements" section of the current Program regulation; 11. 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. 12. The food service management companies shall submit all costs incurred pertaining to the sponsor's food service operation in sufficient time to allow the sponsors to prepare and submit the claim for reimbursement to meet the 60 day submission deadline. Type(s) of meal service "A" Component Lunch Price per meal $1. 70 '. Period covered by contract/agreement July 2, 1990 through August 31. 1990 1800 day DATE: e Authorized endor Re sentative HAROLD L. BORING, Ed.D. Assistant Superintendent, Admin. Services DATE: MAY 0 8 \~~U . J be deleted by Upward Bound and National Youth Sports Programs which use a tt\ria setting to provide meals under the SFSP.