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HomeMy WebLinkAbout2005-139 , - ..- . ." 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 2005-139 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO DELIVERY OF TYPE A LUNCHES TO CITY SITES FOR THE DISTRICT'S YEAR-ROUND LUNCH PROGRAM. 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 or her designee is hereby authorized and directed to execute on behalf of said City an agreement with the San Bernardino City Unified School district relating to delivery of Type A lunches to City sites for the District's year-round lunch program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within 120 days following effective date ofthe Resolution. III III III III III III III III " 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO DELIVERY OF TYPE A LUNCHES TO CITY SITES FOR THE DISTRICT'S YEAR-ROUND LUNCH PROGRAM. COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK x ~h~ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this g-":. day of June 2005. I H V ALLES, MAYOR of San Bernardino Approved as to form And Legal content: James F. Penman City Attorney BY:~ ~~cl~ COk~s~f RESO year round lunch ,. 2005-139 ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT30 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Year Round) THIS AGREEMENT, is made and entered into this 18th day of May, 2005, 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 IT A L 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: I. Al!l"eement Tenn The term of this Agreement shall be from Julv 1. 200S, through June 30. 2006, inclusive, but may be canceled 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 CITY has signed this Agreement and returned to the DISTRICT. This agreement may be extended by mutual written consent one year at a time up to a total of three (3) years, subject to the terms and conditions agreed upon by both parties by June 30th of each year. Written notice of changes to terms and conditions may include, but are not limited to, price, location(s) and number of meals served. II. Other Tenns A. Each meal shall comply with Type "An 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. B. Meals provided under this Agreement shall be lunches only and shall include: milk, straws, spokettes, napkins and disposable trays. C. 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 eligible for reimbursement (twenty meals), the location may be deleted by the DISTRICT from the list of CITY locations receiving meals hereunder. I - :i005~139 D. If a meal is lacking a component, the CITY shall immediately notify the DISTRICT. At its discretion, the DISTRICT may either deliver the missing component, or there shall be no charge for the incomplete meal. No charge shall be made for meals that are unwholesome according to the standards set by the Public Health Department of the County of San Bernardino. E. 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. Lynn Knutson 547 North Sierra Way San Bernardino, CA 92410 DISTRICT San Bernardino City Unified School District Nutrition Services 1257 Northpark Blvd. San Bernardino, CA 92407 III. Pavrnent The DISTRICT will not be paid by the CITY for meals eligible for reimbursement under the Seamless Summer Feeding Waiver Program. Instead, the DISTRICT will file reimbursement claims for eligible meals, at the current reimbursement rate, which may be changed from time to time. For reference, the Federal reimbursement rate is currently $2.40. IV. District ResDOosibilities A. 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. Food shall be signed for upon delivery and the time of delivery noted. B, The DISTRICT shall be responsible for the temperature and quality of the meals until the time of delivery to the CITY. C. The DISTRICT agrees to furnish all labor and vehicles necessary to transport said meals from the preparation point to the authorized CITY sites. D. 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. E. 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. F. The DISTRICT shall prepare all claims for reimbursement under its own number and submit the prepared claims. agreement l' .' 290'5~139 G. The DISTRICT agrees to indemnify and hold harmless the CITY from any loss of liability, claim, suit, or judgment, resulting from work or acts done or omitted by the DISTRICT, its officers, employees, and agents, on carrying out its responsibilities under this Agreement. V. CITY Resooosibilities A. The CITY shall request by telephone or e-mail no later than 2:00 p.m. on the operational day preceding the operational day the meals 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. B. The CITY is to provide personnel to serve lunches at designated sites, clean the serving and eating areas, remove all food from, and clean all reusable DISTRICT transport containers as soon as possible after food has been served. Said clean transport containers shall be ready for pick up by the DISTRICT between 8:00 a.m. and 11:00 a.m. on the operational day following the operational day of delivery. C. The CITY will immediately notify the DISTRICT, if a meal is lacking a component. The DISTRICT may deliver the missing component in a proper time frame. D. The CITY bears the cost of any losses resulting from theft or improper storage once the food or meals are received by authorized CITY personnel; the CITY assumes responsibility to dispose of such and return no food items. E. 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. F. The CITY will 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. G. The CITY will complete Daily Meals Served Reports and other reports as required by the DISTRICT. The CITY shall send said Reports to the District's Nutrition Services 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. H. 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. I, The CITY agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by the DISTRICT and agrees to cooperate with the DISTRICT in receiving, replying to, and/or complying with any audit exceptions by appropriate state or federal audit agencies concerning this Agreement. '. 2'005-139 J. The DISTRICf shall have the right to make on-site inspections, without prior notice, upon presentation of identification by DISTRICf personnel to CITY personnel at the site, for the purposes of insuring compliance with this Agreement. VIII Hold Harmless The CITY agrees to indemnify and hold harmless the 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 form 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 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 DISTRICT 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 DISTRICT. IX. Special Provisions The CITY certifies it will not discriminate on the basis of race, color, national origin, sex (including sexual harassment), marital status, handicap, disability, medical condition. religion, or age in any of its policies, procedures, or practices in compliance with: Title VI and VII of the Civil Ril!hts 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); The Al!e Discrimination Act of 1975 (pertaining to age); The Fair Emolovment and Housinl! Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); and 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 DISTRICf'S programs and activities. iH l' 2005-139 IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO Date: 9 ~P4-3 ATTEST: C~h~ Approved as to form and legal content: BY:V~ S fP" <' Co",,~c> I SAN BERNARDINO CITY UNIFIED S UO L DISTRICT OHAMMAD Z. ISLAM Assistant Superintendent Business and Finance Date: L ~~ f~ .' 2005-139 \ . Exhibit A 2005-06 YEAR ROUND LUNCH PROGRAM ~ COMMUNITY CENTER SITE ADDRESS Boys & Girls Club 1180 West 9th Street Lytle Creek 280 South uK" Street Hernandez Community Center 222 N. Lugo Ruben Campos Community Center 1717 W. Fifth Street Center for Individual Development (CID) 8088 Palm Lane j; . 2005J139 Request To Enter Into Agreement Form (REAF) All areas must be comoleted or REAF will be returned to vour site. REAF must be turned Into the PurchasinaIContracts OeDartment four (4) weeks Drior to the intended Board MeetinG. This form must be Drinted out. siGned and sent in to PurchasinG. Please choose one: D New D Amendment [81 Renewal REAF Creation Date: I. Information on Requesting Party 1. Department or site requesting services: Nutr~ion Services 2. Department Head or Principal: Signature of Department He d or Principal: Name: Adriane Robles 3. Phone number of contact person (and name if different than person on line 2 above): (909) 881-8008 ex!.229 Name: Jodi Yager II. Vendor Information 1. Vendor Name: City of San Bernardino Parks, Recreation and Community Services 547 North Sierra Way San Bernardino, Ca. 92410 Phone No.: (909) 384 - 5006 ex!. Authorized contact person: Lynn Knutson Address: III. Contact information 1. Effective Dates of agreement/amendment: Services may not begin prior to Board approval, receipt of all required documentation, and issuance of P.O. Allow a minimum of two (2) weeks after Board approval for start date. I Start date: 07/01/2005 End date: June 20,2006 2. Details of services to be performed or scope of work (attach any proposals, letters, etc.) Nutrition Services to provide food service to the City of San Bernardino for its Year Round Lunch Program. IV. Payment and Funding: If monetary costa are associated with this agreement, complete items 1 through 5. (Piease note: The District will not pay any fees in advance and will NOT pay separate amounts for travel or other expenses associated with the agreement/contract.) 1. Payment amount: $_ D hourly D daily rate D monthly Billing frequency: D monthly Total cost of agreement: $_ 2. 3. D per student D quarterly D Other: _ D annually D Other: _ 4. Funding source: Management Code _ (for Board write up) Fund Cost Center GIL Account Functional Area 5. SAP Purchase Requis~ion number: _ Please attach any other pertinent facts on the vendor such as proposals or biographiesllnformation. ., ."'..',., . '2005-139 Food Service Agreement with the City of San Bernardino for its Year Round Lunch Program (Prepared by Business Services Division) The Nutrition Services Department requests Board ofEdueation approvl!( to enter into a food service agreement with the City of San Bernardino for its year-round lunch program at five community center sites, effective July 1, 2005 through June 30, 2006. This Agreement may be extended by mutual written consent one year at a time, up to a total of three (3) years, subject to the terms and conditions agreed upon by both parties by June 30th of each year. Written notice of changes to terms and conditions may include, but are not limited to, price, locations( s) and number of meals served. The sites are staffed by City employees who serve the lunches. The District includes the lunches served at these sites in its United States Department of Agriculture (USDA) reimbursement claims for funding. The District will receive reimbursement for meals provided at the federal reimbursement rates for the Seamless Summer Feeding Waiver Program, currently $2.40 per lunch. The lunches will meet USDA Type A requirements and will include milk, straws, napkins, sporkettes and trays. There is no cost to the District. Education Code Section 39872 authorizes the sale offood only to pupils, employees, and Board members of a school district, unless the Governing Board authorizes an exemption. An exemption is requested for the City of San Bernardino for the lunches, for which the City pays, for the duration of this agreement upon formal resolution of the Board. It is recommended that the following resolution be adopted: BE IT RESOLVED that the Board of Education ratifies entering into a food service agreement with the City of San Bernardino for its Year Round Lunch Program at five community center sites, effective July 1,2005 through June 30, 2006. This Agreement may be extended by mutual written consent one year at a time, up to a total of three (3) years, subject to the terms and conditions agreed upon by both parties by June 30th of each month. Written notice of changes to terms and conditions may include, but are not limited to, price, locations( s) and number of meals served. The District will receive reimbursement for meals provided at the federal reimbursement rates for the Seamless Summer F eeding Waiver Program, currently $2.40 per lunch. There is no cost to the District. BE IT ALSO RESOLVED that the City of San Bernardino be exempted from the provisions of Education Code Section 39872 for the duration of the Food Service Agreement for a year-round lunch program. BE IT FURTHER RESOLVED that the Board of Education authorizes Mohanunad Z. Islam, Assistant Superintendent, Business and Finance, to sign said agreement.