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HomeMy WebLinkAbout16- Parks, Recreation & Community Services CITY OF SAN BERK. RDINO - REQUEST OR COUNCIL ACTION RESOLUTION OF THE CITY OF SAN BERNARDINO From: ANNIE F. RAMOS, DIRECTOR Subject: AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE Dept: PARKS, RECREATION & COMMUNITY SERVICES AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, Date: MAY 13, 1993 WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF Synopsis of Previous Council action: TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITE' Council approved Resolution 92-204 on June 15, 1992 for the Summer 1992 Program. Recommended motion: Adopt the Resolution. 7Zu,6,� Signature Contact person: Oscar J. Perrier Phone: 5231 Supporting data attached: Staff Report, Resolution & Agreement Ward: City Wide FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: CITY OF SAN BERNf*RDINO - REQUEST FCR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF All AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SU14MER 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. 1993 will mark the seventeenth (17th) consecutive year that the City will sponsor the USDA's Summer Food Service Program for Children. During the summer of 1992 , over a 44 day period, over 73 , 338 meals were served to needy youth ages 1-18 years. All meals, 1, 666 per day, were prepared and delivered by the San Bernardino City Unified School District at a cost of $1.78 per meal. This year's cost of $1. 85 per meal is less than a 4% increase over 1st year's cost. Estimated meal service over the 49 days of summer in 1993 will be 73 , 500 meals. sbusd.sumlunchprog-u 5/13/93 . 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 4 EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS 5 ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO 6 CITY'S SUMMER LUNCH SITES. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City 10 an agreement and 15 Point Amendment attached as Attachment 2 of 11 Agreement, with the San Bernardino Unified School District 12 relating to the delivery of Type A lunches to City's summer lunch 13 sites, a copy of which is attached hereto, marked Exhibit "A" and 14 incorporated herein by reference as fully as though set forth at 15 length. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on the 19 day of 1993, by the following vote, 20 to wit: 21 22 23 24 25 26 27 5/13/93 -1- 28 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD 2 SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM. 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 OFFICE VACANT _ 9 POPE-LUDLAM 10 MILLER 11 12 City Clerk 13 14 The foregoing resolution is hereby approved this 15 day of , 1993 . 16 17 1g Tom Minor, Mayor City of San Bernardino 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By' 24 25 26 sbcusc-summerlunchprog 27 5/13/93 -2- 28 San Bernardino City Un ed School District E.Neal Roberts,Ed.D.,Superintendent Haroid L.Boring. Ed.D-,Assistant lnnorintonriant ArlminietratiVe Cergirog - Your YntNir Srhools . . . :uetr.'� ��� ReSTer Place To Learn May 10, 1993 Oscar J. Perrier Parks, Recreation & Community Services City of San Bernardino 547 North Sierra Way San Bernardino, Calfornia 92410 Re: Food Service Agreement (Summer) and 15-Point Amendment Dear Mr. Perrier: Enclosed are two sets of signed originals of the above Agreement and Amendment between the San Bernardino City Unified School District and the City of San Bernardino. These were approved by the Board of Education on May 4, 1993 , as attested by the enclosed Certification of Minutes. After approval by the Council please return one set of signed originals to this office. Administrative Services Attention: Melinda A. Pure, Contract Analyst. We look forward to working with you again. Sincerely, Harold L. Boring, Ed.D. Assistant Superl tendent Administrative Services mp enclosure(s) ADMINISTRATIVE SERVICES DIVISION 777 North F Street • San Bernardino,CA 92410 0 (714) 381— 1 6 San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 4th day of May, 1993, at the usual meeting place thereof. The meeting was called to order at 5:30 p.m. Members present: H. Brown, M. Brown, Diaz, Neigel, Obershaw, Savage, Yeager Members absent: None The adoption of the following resolution and order was moved by Member H. Brown, and seconded by Member Savage, 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, Yeager 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 1993. BE IT ALSO RESOLVED that the Board of Education approves entering into the Food Service Agreement (Summer) and 15-Point Amendment with the City of San Bernardino for its Summer Youth Program, effective June 28, 1993, through September 3, 1993, per terms of the Agreement as amended, at no cost to the District. BE IT FURTHER 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, CAROLYN SCHOFIELD, Assistant 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 4th day of May, 1993. Dated: May 5, 1993 Assistant ecretary, Board Education Agenda Item 9.23 `� ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Summer) THIS AGREEMENT, is made and entered into this 4th day of May, 1993, 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." RECITALS: 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 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 June 28. 1993, through September 3. 1993, 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 $1.85 for each lunch delivered to the CITY pursuant to this Agreement. 1 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 as soon as possible after food has been served. Said clean equipment shall be assembled and ready for pick up by the DISTRICT on the next service day after the service day of delivery. 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 agrees to assign to the DISTRICT all USDA commodities to which the CITY is entitled in connection with its summer youth nutrition program and the liability for the use of such commodities. 9. The CITY shall bear the sole responsibility for care of all perishable food items after they have been delivered to the sites until the time of consumption. 10. 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. 11. 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. 12. 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 13. 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. 14. The DISTRICT 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 DISTRICT, its officers, employees, and agents, in carrying out this Agreement. 15. 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 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); and ► The Age Discrimination Act of 1975 (pertaining to age) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICTS programs and activities. 16. All notices, invoices, and other correspondence may be given by United States mail to the following addresses: 3 CITY DISTRICT City of San Bernardino San Bernardino City Unified City Clerk School District 300 North "D" Street Assistant Superintendent San Bernardino, CA 92418 Administrative Services 777 North "F" Street San Bernardino, CA 92410 17. This Agreement may be cancelled by either party, by giving fourteen (14) days' prior written notice to the other party. 18. 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. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT A TOM MINOR HAROLD L. BORIN , Ed.D. Mayor Assistant Superintend nt Administrative Services TIN: 95-6000772 TIN: 95-2285577 Date: Date: Mff f 61 T95 ATTEST: CITY CLERK Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: 4 APR-12-193 MON 13: iD:PARKS REC & COM SERU TEL NO:7 -w-384-5467 U265 P02 ORIGINAL 15,POINT AMENDMENT TO FOOD SERVICE AGREEMENT. Summer Food Service Program The contract between _City of San Bernardino (Sponsor) with offiee= at 0.3 0 N. "D" S San Bernardino , hereinafter called 'The Sponsor,* and San Bernardino City USD );Vendor) hereinafter Called 'The Vendor,' executed by the parties thereto on , 1993 is hereby amended to provide the following: 41. Ail meals prepared by the vendor shall unitized, with or without milk or juice, unless USDA has spproved a request for exceptions to the unitizing requirement for certain components of the meal; 2. A vendor entering ir,to a contract with a sponsor under the Program shall not subcontract for the total meal, with or without milk, or for the assembly of the meal; 3. The sponsor shall provide to the vendor a list of USDA-approved food service sites, along with the approved level for the number of meats which may be claimed for reimbursement for each site and shall notify the vendor of all sites which have been approved, Canceled, 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 vendor shall maintain such records Isupported 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 and of each month, at a minimum; 5. The vendor shall hove 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 roquirsments are met at an times. In addition, the vender 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 service establishments In the locality. Results of the inspections shall be submitted to the sponsor and to USDA. 06. The meals served under the contract shall conform to the cycle menus and meet quality standards and food specifications approved by USDA and upon which the bid was based, if Applicable; 07. The books and records of the vendor pertaining to the sponsor's food service operation shall be available for Inspection and audit by representatives of USDA and the U.S. General Accounting Office at any reasonaple time and place for a period of three (3) years from the date of receipt of final payment under the contract; i $. The sponsor and the vendor shall operate in accordance with current Program regulations; I 9. The vendor shall be paid by the sponsor for all meals delivered in accordance with the contract and Wr, part. However, USDA assumes no Uability for payment of differences between the number of meals delivered/pre-pared by the vendor and the number of meals served by the sponsor that are ellgibie for reimbursement; Oak APR-12-193 MON 13:5p ID:PARKS REC & COM SERV TEL N0:71 ' 384-5467 U265 P03 •10. Mail& shall be delivered in accordance with a delivery schedule prescribed in the contract; 411. Increases end decreases In the number of meals ordered shall be made by the spvnaor, as needed, within a prior notice period mutually agreed upon; 12. All meals delivered/prepared under the Program shall meet the 'Meal Service Requirements' sectlon of the current Program regulations; 13. In cases of nonperformance or noncompliance on the pert of the vendor, the cornl3hMy shall pay the sponsor for any excess casts the Sponsor incurs by obtaining meals from another source; 14. The vendor shall submit records all costs incurred In the sponsor's food service operatlon In sufficient time to allow the sponsor to prepom and submit the claim foef4imbur"Ment to meet the R0-dsy submission deadline; 15. The vendor shall comply with the appropriate bonding requirements eS set forth In the current Program regulations. Type(e) of meal service Breakfast Lunch Dinner Snack Price per meal -- $1.85 -- -- Period covered by 6/28/93 thru contract/agreement 9/3/93 Estlmated total of 1500 meals contract/agreement per day now Autn rized Vendor Repre entative Authorized Sponsor Representative MAY 10 1993 Date Date "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.