HomeMy WebLinkAbout2017-1291
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RESOLUTION NO. 2017-129
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A FOOD SERVICE AGREEMENT WITH THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DELIVERY OF
TYPE A LUNCHES TO THE CITY SITES FOR THE DISTRICT'S YEAR-ROUND
AND SUMMER LUNCH PROGRAM
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager or his/her designee is hereby authorized and directed
to execute a Food Service Agreement with San Bernardino City Unified School District, a
copy of which is attached hereto and incorporated herein by reference as though set forth at
length and marked as Exhibit A (Food Service Agreement).
SECTION 2. This contract and any amendment or modifications thereto shall not take
effect or become operative until fully signed and executed by the parties, and no party shall be
obligated hereunder until the time of such fall execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A FOOD SERVICE AGREEMENT WITH THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DELIVERY OF
TYPE A LUNCHES TO THE CITY SITES FOR THE DISTRICT'S YEAR-ROUND
AND SUMMER LUNCH PROGRAM
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
5t' day of July 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA X
SHORETT X
NICKEL X(S)
RICHARD X
MULVIHILL X(M)
ABSTAIN ABSENT
Georges anna, CM( , City Clerk
The foregoing Resolution is hereby approved this 5th day of July 2017.
r
R. Carey Davi , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AG +
Fiscal Year/Re�bursement}
THIS AGREUIENT is made and entered into this 1st day of Jj# 2017, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
'DISTRICT," and the CITY OF SAN BERNARDINO—Parks, Recreation & Community
Services Department, hereinafter referred to as the "CITY "
RECITALS:
WHEREAS, the CITY desires to have meals provided; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and the
DISTRICT is willing to provide such service to the CTTY subject to USDA Seamless Summer Food
Service Program guidelines and reimbursement availability and/or on a cost basis;
NOW, THEREFORE, the DISTRICT and the CTTY mutually agree as follows:
L AEreement Terns
The term of this Agreement shall be from July 1. 2017. through June 30, 2018,
inclusive, but may be canceled by either party upon the giving of thirty (30) days
written notice to the other party This Agreement maybe extended bymutuai written
consent one fiscal 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.
IL Other Terms
A. Each meal shall comply with requirements set by the United States
Department of Agriculture (USDA) students' nutritional needs. The contents
of the menus shall contain such items as are necessary to meet these
requirements.
B. Meals provided under this agreement shall include school lunch kit with
milk, straw and other items, as deemed appropriate by the DISTRICT.
C. Meals shall be prepared for the CITY locations as specified below. Delivery
locations may be added, deleted, or changed if requested in writing by the
CITY and approved in writing by the DISTRICT.
➢ Delivery 1: Lytle Creek, 380 S. K St. (Year Round)
� Delivery 2: Ruben Campos, 1717 W. Fifth St. (Year Round)
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➢ Delivery 3: Delmann Heights, 2969 N. Flores (Summer)
➢ Delivery 4: Rudy C. Hernandez, 222 N. Lugo Blvd. (Summer)
➢ Delivery 5: CID, 8088 Palm Ln. (Summer)
All notices, invoices, payments, address changes, and other correspondence
may be given by United States mail to the following addresses:
CITY
City of San Bernardino
Parks, Rec. & Comm. Svcs. Dept.
600 N. Arrowhead P Floor
San Bernardino CA 92401
PH: 909.384.5421
FAX: 909.384.5160
I -I 11:i Od li
San Bernardino City U.S.D.
Nutrition Services Dept.
1257 Northpark Boulevard
San Bernardino, CA 92407
PH: 909.881.8000
FAX: 909.881.8016
Delivery (Deliver, Delivered) within this document is defined as the point-in-
time
oint-intime when the C1TY takes custody of the meals.
III. Paymatt
A. The DISTRICT will not be paid by the CITY for student lunches eligible for
reimbursement under the applicable Program(&.) Instead, the DISTRICT will
file reimbursement claims for eligible meals, at the current reimbursement
rate, which may be changed from time to time. Any meals provided to the
CITY, which do not qualify for reimbursement, shall be billed to the CTTY
at the current cost. A reimbursable meal shall be defined as the first meal
served to a school age participant on any operational day per the site's annual
calendar. All second meals provided to school age participants and any Adult
meals requested shall be billed accordingly. Leftover, extra, and second
meals are not reimbursable.
B. The cost per individual `Box Style," non -reimbursable meal to the CITY is as
follows:
o Student lunch = $3.40 each
o Student breakfast = $2.25 each
o Student snack = $1.10 each
o Adult lunch = $3.65 each
o Said rate(s) may be subject to a proportionate increase in the
event of a reduction in Federal reimbursement and/or
subsidies, if applicable.
o Daily Minimum Requirement: Twenty (20) meals for
delivery.
IV. DISTRICT Resi)mnslbilities
A. The DISTRICT will prepare and deliver meal components, including frozen
products as required by menu, at or before the lunch hour each operational
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day when children are present at the CITY, in accordance with the number of
meals requested for that day.
B. The District agrees to make every effort to deliver meals at the time
requested. In the event of mechanical breakdown, act of God, emergency, or
other situation which may delay delivery, the District shall notify the CITY of
the delay as soon as possible, and shall advise of estimated delivery time. No
charge shall be made for meals delivered more than two (2) hours after the
normal delivery time.
C. The DISTRICT will be responsible for the temperature and quality of the
meals until the time of delivery. Perishable meal components requiring
refrigeration will be refrigerated up to the time of delivery. The DISTRICT
has provided a thermometer for each location and advised of the correct
temperature level that meal components must be heated to for the meal
components that require heating. (Note: The DISTRICT is not responsible
for replacing thermometers) or cleaning supplies.) The DISTRICT will also
provide serving scoops and instruction for proper serving size, if applicable.
D. If applicable, the DISTRICT agrees to pick up any carts and/or containers on
the operational day after the operational day of delivery.
E. The DISTRICT will mail the CITY an itemized invoice on or before the 25th
day of each month for the previous month's deliveries including any billable
items, such as: 1) meals that were provided but were not eligible for
reimbursement, 2) any adult meals, and 3) any penalty fees.
F. If applicable, the DISTRICT assumes all liability for proper use and
protection of surplus commodities that may be assigned to it by the CITY.
G. The DISTRICT agrees to provide the CITY with monthly menus, one week
prior to the beginning of the period covered by said menu as well as the
District's annual calendar showing operational days and non -operational
days/holidays. Such information is also available at the District's website:
www.sbcusd.com
H. The DISTRICT will maintain all necessary records on the nutritional
components of the meals and the number of meals delivered to the CITY and
make said records available for inspection by State and Federal authorities
upon request.
L The DISTRICT shall train the CITY to receive, review, and approve all free
and reduced price meal applications; complete meal count reports; edit check
reports; perform verification process; and maintain all necessary records to
substantiate the above items.
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J• The DISTRICT shall prepare all claims for reimbursement under its own
agreement number and submit the prepared claims.
V. CITY Responsibilities
A. The CI'T'Y understands they are to request by telephone, no later than 12:00
p.m. (noon) on the operational day preceding the operational day of delivery,
an accurate number of meals to be delivered The District shall use the last
count received in the event the CITY fails to notify the District in a timely
manner the number of meals needed and will invoice accordingly or per the
minimum daily requirement, whichever is greater. Errors in count called in
shall be the responsibility of the CITY.
B. The CITY shall ensure that an individual is available between 8:00 a.m. and
11:00 a.m. (or as mutually agreed with Nutrition Services Department
Program Manager) each operational day to receive the requested number of
meals and will immediately notify the DISTRICT if a meal is lacking a
component. If the DISTRICT is not notified of a meal lacking a component
within % hour after delivery, the DISTRICT will charge for the meal. Upon
immediate notification, at its discretion, the DISTRICT may eitber 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.
C. The CITY shall provide personnel to serve meals, clean the serving and
eating areas, remove all food from carts, carrying cases, pans and/or boxes,
and assemble empty items 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. The CITY shall pay the cast of necessary repair of replacement of
any DISTRICT items damaged or lost as a result of use by the CITY.
D. The CITY will provide an annual calendar of its operational days and
holidays/non-operational days to the DISTRICT in advance of any deliveries
made under this Agreement. The CITY shall also advise the DISTRICT at
least three (3) operational days in advance of any non -operational day, to
ensure that meals are not delivered on non -operational days.
E. The CITY shall establish collection procedures in accordance with State and
Federal regulations relating to the overt identification of needy pupils and
keep accurate records of the number of free, reduced price, paid, and adult
meals served daily. No differentiation between children receiving free,
reduced, or paid meals shall be made. The CITY shall follow all
requirements of Education Code Section 49557, specifically section (2)
which stipulates no overt identification of any of the children by any means.
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F. The CITY will assign to the DISTRICT all USDA food commodities for
which the CITY may be entitled and the liability for use of such commodities.
G The CITY agrees to pay the DISTRICT, within 30 days from date of invoice,
the full amount as presented on the monthly itemized invoice. The CITY will
be subject to a penalty fee of $25.00 per month for each month an invoice is
not paid on time. Late payments equal to or greater than two monthly
invoices will be cause for the District to immediately suspend meal deliveries
until the amounts due have been paid, or arrangements satisfactory to the
District have been made for payment of all past due invoices.
H. The CITY shall serve the correct portion size following receipt of meals, heat
specified meal components to temperature indicated, as applicable, and bear
the sole responsibility to properly care for all perishable food items after they
have been delivered to the delivery site by the DISTRICT until the time of
ultimate consumption.
L The CITY shall bear the cost of any losses resulting from theft or improper
storage once the food or meals are received or delivered to authorized CITY
personnel; the CITY assumes the responsibility to dispose of such and return
no food items. If the CITY has ordered more food than it is able to consume,
it shall not be entitled to any credit on said items from future food orders, and
the CITY shall bear the cost of any meals which do not qualify for
reimbursement
1. The CITY will receive, review, and approve all free and reduced price meal
applications; complete meal count reports; edit check reports; perform
verification process, follow and assume responsibility for all reimbursement
program guidelines, and maintain all necessary records to substantiate the
above items and make said records available for inspection by Federal and
State authorities upon request The CITY will complete Daily Meals Served
Reports and fax these reports to the DISTRICT's Nutation Services
Department on a weekly basis. The CITY agrees that it shall fax all Reports
for each month no later than the fifth working day after the end of that
particular month. The CITY will be subject to a penalty fee of $25.00 per
site, per month, when all the Reports have not been received within five (5)
days of the end of that month.
IL 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. 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 agencies
concerning this Agreement The CITY also agrees to pay to the DISTRICT,
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within thirty (30) calendar days of demand by the DISTRICT, the full amount
of the DISTRICT's liability to the state or federal government, if any, for
meals provided under or due to the operation of this Agreement. On-site
inspections shall be conducted, without prior notice, upon presentation of
identification by DISTRICT' personnel, for the purposes of ensuring
compliance with this Agreement.
L. Cancellation shall be by thirty (30) days written notice for each delivery
location. A notice of less than 30 calendar days will be subject to a penalty
fee charged equal to the price of the average number of meals ordered per
service day, for the first (5) service days.
K The CirY shall be responsible for contacting the County Environmental
Health for plan approval, obtaining appropriate operational permit(s) prior to
providing food service, and successfully passing two (2) health inspections
per school year, per delivery site, or as required, by the Department of Public
Health, County of San Bernardino. The CITY shall be solely responsible for
any expenses related to resolving any health department findings including,
but not limited to, corrective actions and/or site repairs required by the health
department. Non-compliance with inspections and/or failure for the site to
meet minimum health department requirements is grounds for immediate
cancellation of service by the DISTRICT.
N. The CITY agrees to comply with the "California Retail Food Code" for safe
food handling. District shall provide a `rise no later than" time for delivered
foods. These foods are to be discarded if not consumed by the time indicated.
VL Hold Harmless
The CITY and the DISTRICT each shall, at its own cost, indemnify, defend, and hold
harmless the other party and its departments, agents, officers, and employees fiom
any and all claims or sums which either party or any of its departments, agents,
officers, or employees may be obligated to pay by reason of any liability of any kind
imposed upon them, including damages to property or injury or death of persons,
arising out of the performance of the services rendered or caused by any error,
omission, or act of any person employed or of any others for whose acts either party
is legally liable. Said sums shall include, in the event of legal action, court costs,
expenses of litigation, and reasonable attorney's fees. Said indemnification shall
include, but not be limited to, any liability resulting from defective or spoiled food
once the food has been delivered and any injury to personnel in or about the premises
of either the DISTRICT or the CITY.
VII. S ecial Provisions
The CITY certifies it will not discriminate, as hereby certified, on the basis of race,
color, national origin, ancestry, sex (including sexual harassment), marital status,
handicap, disability, medical condition, religion, or age in any of its policies,
procedures, or practices in compliance with:
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❑ Title VI and VII of the Civil Rights 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);
CI The Age Discrimination Act of 1975
(pertaining to age);
❑ The Fair Employment and Housing Act of 1980
(pertaining to ancestry, race, national origin, color, sex,
religion, physical handicap, medical condition, marital status,
and age); 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 DISTRICrs programs and activities.
IN WITNESS WBEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
Z EfINW14,12
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• 3 rAM U
Printed Name: x!441- 5619 _
Title:__zq4-nff:n�
Date: 7 _` 7_/-_7
APPROVED AS TO FORM:
Gary D. Saenz
City Attorney
B
ATT
Georgeann 11. F na, CMe--,titfClerk
SAN BERNARDINO CITY UNIFIED
S 'HOOL DISTRICT
DEBRA LOVE
Purchasing Director
Date:
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