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HomeMy WebLinkAbout23-Parks & Recreation . ~IT! OF SAN BERN~DINO - REQUEST FOR COUNCIL ACTION From: Annie F. Ramos, Director Subject: 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. . Dept: Parks, Recreation & Community Services Date: May 13, 1992 Synopsis of Previous Council action: The Council authorized the Parks, Recreation and Community Services Department to execute a similar agreement with the School District on June 17, 1991. Recommended motion: Adopt the resolution. ~~ ig a;~fe Contact person: John A. Kramer Phone: 5031 Supporting data attached: Staff Report. Reso 1 ut i on & Aqreement Ward: Ci tv-Wi de FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item NO.~ ~ITV OF SAN BERN~DINO - REQUEST ~ COUNCIL ACTION 1 STAFF REPORT RESOLUTION 01' THE CITY 01' SAIl BBRNARDINO AUTHORIZING TBB EXECUTION 01' All AGREBJlBNT AND TO 15 POINT AJlBHDKBNT TO I'OOD SBRVICB AGREBJlBNT SUJlMBR I'OOD SBRVICB PROGRAM. The San Bernardino city Unified School District has served as the vendor for the City's Summer Food Service Program for Children for the past 17 years. The district has been very responsive to the city's requirements as the programs sponsor. This is reflected in the 1992 meal pricing of $1.78 per unit. This is only $.03 more per meal charged than in 1991. An estimated 70,000 meals will be prepared by the district for the 1992 Summer Lunch Program. 5/13/92 u 75-0264 / San Bernardino City Qfied School District E. Neal Roberts, Ed.D., Superintendent Harold 1. Boring, Ed.D., Assistant Superintendent. Administrative Services o '-__qft There's No Better Place To Learn , May 20, 1992 Oscar Perrier city of San Bernardino Department of Parks, Recreation and Community Services 547 North Sierra Way San Bernardino, California 92410 Re: Food Services Agreement (Summer) Dear Mr. Perrier: Enclosed are two signed originals of the above Agreement between the San Bernardino City Unified School District and the City of San Bernardino. This Agreement was approved by the Board of Education on May 19, 1992, as attested by the enclosed Certification of Minutes. After aooroval bv the Council. olease return one siqned oriqinal to this office. Administrative Services. Attention: Melinda A. Pure. Contract Analvst. We are happy to be able to provide meals for your summer program again this year. Sincerely, ~1~ Harold L. Bor~ g, Ed.D. Assistant Sup intendent Administrative Services mp enclosure(s) e ADMINISTRATIVE SERVICES DIVISION 777 North FStreet 0 San Bernardino,CA 92410 0 (714) 3Rl-1162 ~~ o o , San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 19th day of May, 1992, at the usual meeting place thereof. The meeting was called 10 order at 5:30 p.m. Members present: H. Brown, M. Brown, Diaz, Neigel, Obershaw, Savage Members absent: Yeager The adoption of the following resolution and order was moved by Member Obershaw and seconded by Member H. Brown, and a vote being taken, the said resolution and order was adopted by the following votes of members present at that time. AYES: H. Brown, M. Brown, Diaz, Neigel, Obershaw, Savage NOES: None BE IT 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 the Summer Youth Program for the summer of 1992. BE IT ALSO RESOLVED that the Board of Education approves entering into the Food Service Agreement (Summer) and IS-Point Amendment with the City of San Bernardino for its Summer Youth Program, effective June 29, 1992, through August 28, 1992, per terms of the Agreement as amended, at no cost to the District. BE IT FURlHER RESOLVED that Harold L Boring, Assistant Superintendent, Administrative Services, be authorized to sign said Agreement and Amendment on behalf of the Board of Education. I, E. NEAL ROBERTS, Secretary of the Governing Board of the San Bernardino City Unified School District hereby certify that the foregoing is a true and correct copy of a resolution duly made, adopted and entered in the Board minutes of the Governing Board of the San Bernardino City Unified School District on the 19th day of May, 1992. Dated: May 20, 1992 st~i~tion Agenda Item 8.17 , 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 o o RESOLUTION NO. 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 meeting thereof, held on the , 1992, by the following vote, day of to wit: II II II II II II 5/13/92 -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 o o 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: ~ ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1992. w. R. Holcomb, Mayor city of San Bernardino Approved as to form and legal content: James F. Penman City Attorney /1 T? k~._ 5/13/92 -2- Ilt.ac. o o ORIGINAL . SAN BERNARDINO CI1Y UNIFIED SCHOOL DISTRICf 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 CI1Y UNIFIED SCHOOL DISTRICf, hereinafter referred to as the "DISTRICf," and the CI1Y OF SAN BERNARDINO, hereinafter referred to as the "CI1Y." 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 DISTRICI' 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 DISTRICI' 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 DISTRICI' 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 DISTRICI' 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 -"'" o o . 3. The CITY agrees to pay the DISTRICf $!.1li for each lunch delivered to the CITY pursuant to this Agreement. 4. The DISTRICf 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 DISTRICf 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 DISTRICf equipment and utensils as soon as possible after food has been served. Said clean equipment and utensils shall be returned to the DISTRICf 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 "md filing State reports, which may be required to entitle the DISTRICI elr 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 DISTRICf 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 DISTRICf 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 -"'~',', o o . 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 DISTRICf 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 DISTRICf. 13. The DISTRICf 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 Rillhts Act of 1964. as amended (pertaining to race, color, national origin, and religion); ~ Title IX of the Education Amendments of 1972 hertaining to sex); ~ Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); and ~ The Aile 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 _."_C o o . CITY City of San Bernardino City Clerk 300 North "0" Street San Bernardino, CA 92418 DISTRICf 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. CI'IY OF SAN BERNARDINO SAN BERNARDINO CI'IY UNIFIED SCHOOL DISTRlCf W. R. HOLCOMB Mayor \.0\ .~ It HAROLD L. BOR , Ed.D. Assistant Superinte ent Administrative Services TIN: 95-6000772 TIN: 95-2285577 JUN 09 1992 Date: Date: ATfEST: CITY CLERK Approved as to form and legal content: JAMES F. PENMAN, City Attorney .1 ./1 By: Ik..,w~? J~'----rv~....... f7 4 .. o o ORIGINAL , IS POINT AMENDMENT TO FOOD SERVICE AGREE~IENT SUMMER FOOD SERVICE I'ROGllA~1 The contract bctween City of San Hernardind;Sponsor) with offices at ,00 NUn" St . San hereinJfter called "Thc Sponsor", and '. SBCUSD , (Vendor) hereinafter called "The Vendor", executed by the parties thereto on Mav 19 , 1992, is hereby amended to provide the following: 3ernar- dino *1. All meals prepared by a food service Management company shall bc unitized, with or without milk or juice, unless that State agency has approvcd a request for exceptions to the unitizing requirement for cerwin components of a meal; 2. A food service management company entering into n contract with a sponsor under thc Program shall not subcontract for the towl meal, with or without milk, or for the 3.sscnd:'!y of the me~!; 3. The sponsor shall provide to the food service management company a list of State agency approved food service sites, along with the Jpproved 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 approved level of meal service for a site. such notification shall be provided within the time limits mutually agreed upon in the contract; *4. The food service management company shall maintain such records (supportcd bv invoices, receipts, or other evidence) as the sponsor will necd to mect its responsibilities under this part Jnd shall report to thc sponsor promptly at the end of each month, at a minimum; 5. The food service management company shall have Slate 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. Thcse levels shall conform to the standards which are applied by the local health authority with rcspcct to service establishments in the locality. Results of the inspections shall be submitted to the spon~:.or and to the State. agency~ *6. The meals served under the contract shall conform to the cvcle menus and mca1 quality standards and food specifications approved by the Statc agency and upon which the bid was based, if applicable; *7. The books and records of the food service managmcnl 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. Gencral Accounting Office at Jny reasonable time and plJce for J pcriod of three (3) years from the date of receipt of final pJyment undcr the contract; 8. The sponsor and the food service management company shall operate in accordance with current Program regulations; . ,~,- . . o o 9. The food service manogement 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; *11. 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 anoth!: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. 1 e 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. 78 Period covered by contract/agreement June 29, 1992, through August 28, 1992 Estimated Total of contract/agreement per day DATE: Authorized Vendor epresentntive }larold L. Bari ~ Ed.D., Asst. Supt., Admin. Svs. DA TE: MAY 2 0 1991 Authorized Sponsor Representative * These items may be deleted by Upward Bound and National Youth Spans Programs which use a college cafeteria setting to provide meals under the SFSP.