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HomeMy WebLinkAbout1988-199 " ' 1 RESOLUTION NO. 88-199 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD 3 SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED 4 SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City 9 an agreement and 12 Point Amendment attached as Attachment 2 of 10 Agreement, with the San Bernardino Unified School District 11 relating to the delivery of Type A lunches to City's summer lunch 12 sites, a copy of which is attached hereto, marked Exhibit "A" and 13 incorporated herein by reference as fully as though set forth at 14 length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a reqular meeting thereof, held on 18 the 20th day of June , 1988, by the 19 following vote, 20 AYES: 21 22 NAYS: 23 ABSENT: 24 25 26 27 28 to wit: Council Members Reillv. Flores. Maudslev. Minor Pope-Ludlam. Miller None Council Member Estrada // .1/"'t!L I ,/),/tL.tULI((/A <l ud,; 1rd~tifJ () ~ff-v 1 LM:mw 6/9/88 ) ~ t ... 1 The foregoing resolution is hereby approved this ...:z /,,4,.{-' day 2 of 3 4 5 June , 1988. (;/ /7 ./1 /!:);;? . ./ / I /' k?y~~~Uoij :'/ / i /&:~;/ Mayor of the City of San Bernardino Approved as to form 6 and legal content: 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 M:mw 6/9/88 " San Bernardino City Unified School District 777 North "F" Street San Bernardino, California 92410 FOOD SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 17th day of May, 1988, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter referred to as "CITY". R E C I TAL S: WHEREAS, CITY desires to have lunches provided for minor children who are taking part in the City Youth Activities Program; and, WHEREAS, DISTRICT has facilities for the preparation of the needed lunches, and DISTRICT is willing to provide such service to CITY, NOW, THEREFORE, the parties hereto agree as follows: 1. DISTRICT agrees to deliver to CITY said lunches each day during the term of this Agreement, with the exception of Saturdays, Sundays and holidays, in a number specified by CITY. 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. CITY shall call the preparation DISTRICT Kitchen before 2:00 p.m. of the day preceding the day of the required service indicating the number of lunches needed. After CITY has placed its initial order, DISTRICT shall continue preparing the same number of lunches unless CITY notifies the preparation kitchen as indicated above. Lunches shall be packaged on a disposable tray wrapped with clear plastic-type material. 2. CITY agrees to pay the DISTRICT $1.59 for each lunch delivered to CITY pursuant to this Agreement. 3. The term of this Agreement shall be from June 27, 1988, through August 26, 1988, inclusive. 1 tr~ 4. DISTRICT shall deliver said lunches daily, at a mutually agreed upon time, to CITY- authorized sites as indicated in Exhibit A, attached hereto and made a part of this Agreement. Said delivery to be made by DISTRICT personnel. 5. DISTRICT agrees to furnish all labor and vehicles necessary to transport said lunches from the preparation point to the authorized CITY sites. 6. CITY shall provide any and all labor necessary for service of said lunches at designated sites, and CITY agrees to clean all reusable DISTRICT equipment and utensils as soon as possible after food has been served, and prior to its return to the DISTRICT preparation facility before noon on the day following the day it was delivered to CITY. 7. CITY shall provide any clerical or accounting services needed for filing State reports, which may be required to entitle DISTRICT or CITY to reimbursement from the State. 8. 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 said lunches are made. The CITY shall not participate in the ordering of food or milk needed to prepare said lunches. 10. DISTRICT shall bill CITY monthly and billing will include all transactions through the close of business on the last day of the month. CITY shall promptly pay said bills. 11. CITY agrees to bear the cost of any losses resulting from theft or improper storage once the lunches are delivered to CITY. CITY further agrees that once the lunches have been delivered to authorized CITY personnel, CITY assumes the responsibility to dispose of such and return no food items. CITY shall 2 such and return no food items. not be entitled to any credit ordering of lunch orders. CITY shall for over- 12. CITY agrees to indemnify and hold harmless DISTRICT 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 CITY and any injury to CITY personnel in or about the premises of DISTRICT. 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 School District. 13. This Agreement may be cancelled by either party by giving seven (7) days' prior written notice to the other party, and said notices may be given by United States mail to the addresses listed below. As to CITY: As to DISTRICT: City of San Bernardino City Clerk 300 North "D" Street San Bernardino, CA 92418 San Bernardino City Unified School District Assistant Superintendent Administrative Services 777 North "F" Street San Bernardino, CA 92410 3 ! IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day set forth below. CITY OF SAN BERNARDINO ~~~/J~~ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT DATE: Mayor DATE: MAY 1 8 1985 / Approved ~s to form and 1 al content: ); 4 " ATTACHMENT 2 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM The contract between THE CITY OF SAN BERNARDINO with offices at 300 North D Street, San Bernardino, California, hereinafter called "The Sponsor", and SAN BERNARDINO CITY UNIFIED SCHOOL DISTRI~CT. . hereinafter called "The Vendor" or "Food Service Manage ent Company", executed by the parties thereto on , 1988, is hereby amended to provide the followi-ng U ------- 1. 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 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 a 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; J)9 (Amendment to Food Service Agreement) Page 2 of 3 #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 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; #8. Meals shall be delivered in accordance with a delivery schedule prescribed n 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 regulations; 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. , (Amendment to Food Service Agreement) Type(s) of meal service "A" Page 3 of 3 Price per meal $1.59 Period covered by contract/ agreement 6-27-88 through 8-26-88 Estimated Total of contract/ aglent ~~ Autg Sponsor Represent~lti ve ;/"/ I . i II Ij 1800 meals per day SAN BERNARDINO . "UNIFIED SCHOOL DIStRICT HAROLD L. BORING, Ed.D. Assistant Superintendent Administrative Services Date: If Date: MAY 1 8 1988 form and legal ontent: !fr~ * These items may be deleted by Upward Bound and National Youth Sports Programs which use a college cafeteria setting to provide meals under the SFSP.