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HomeMy Public PortalAbout2016.099 (05-17-16)RESOLUTION NO. 2016.099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD UNIFIED SCHOOL DISTRICT TO PROVIDE MEALS FOR THE SUMMER FOOD SERVICE PROGRAM WHEREAS, the City of Lynwood and the Lynwood Unified School District have partnered to present the Summer Food Service Program for the past twenty years; and WHEREAS, food provided for the program must come from a certified vendor who is approved by the California State Department of Education (DOE) and the United States Department of Agriculture (USDA); and WHEREAS, the Lynwood Unified School District is approved for Summer school feeding and is certified by the USDA as a vendor for the Summer Food Service Program; and WHEREAS, upon agreement, the Lynwood Unified School District would be the vendor agency responsible for providing meals to the City of. Lynwood Summer Food Service Program; and WHEREAS, the cost to operate the program is reimbursed through the agreement with the California Department of Education that would utilize Federal United States Department of Agriculture funds to provide said services. NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves the agreement and authorizes the Mayor to execute the agreement between the City of Lynwood and the Lynwood Unified School District to provide meals during the months of June 2016 through August 2016. Section 2. This Resolution shall take effect immediately upon adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. [THIS SPACE INTENTIONALLY LEFT BLANK] PASSED, APPROVED AND ADOPTED THIS 17th day of May 2016. Edwin Hernandez, Mayor ATTEST: Maria Quinonez, City Clerk —J. Arnoldo Beltran, City Manager APPROVED AS TO FO M: l 1 pul David A. Garcia, CM), Attorney APPROVED AS TO Mark Flores, Recreation & 2 Services STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of May, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND HERNANDEZ NOES: NONE ABSENT: NONE ABSTAIN:. NONE Maria Quinonez; City Clerk STATE OF:CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.099 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of May, 2016. Maria Quinonez, 4ityClet�-k AGREEMENT THIS AGREEMENT is made and entered into as of the 17th day of May 2016 by and between the CITY OF LYNWOOD, A MUNICIPAL CORPORATION ( "SPONSOR ") and the LYNWOOD UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "VENDOR ") pursuant to Resolution No. 2_n) (q. OSq of the City Council of the City of Lynwood adopted at its meeting held on the 17,n day f May 2016 and a minute order of the Board of Education of the Lynwood Unified School District of Los Angeles County adopted at its meeting held on the 5th day of May 2016. RECITALS This Agreement is made with reference to the following facts and objectives. A. The United States Department of Agriculture (USDA) has made funds available for a Summer Food Service Program to provide meals at no cost to eligible children. B. Sponsor has entered into an agreement with the California Department of Education to provide for the Administration of the Program. C. Sponsor desires to enter into an Agreement with Vendor for the preparation of meals pursuant to and in implementation of the Program. D. Vendor has a food service facility possessing the skilled personnel and equipment necessary for the preparation of such meals. II. MUTUAL OBLIGATIONS A. VENDOR TO PREPARE. Vendor agrees to prepare and place in containers provided by Sponsor such meals described hereinafter as Sponsor may order from Vendor in the manner hereinafter as specified for the Program. Vendor warrants that all meals prepared by it will be wholesome, suitable for human consumption and that Vendor shall meet all specifications and obligations under the existing regulations of the USDA, or as amended, as are pertinent or applicable to the Program ( "Regulations "). B. CONSIDERATION. In consideration of the satisfactory performance of Vendor's obligations pursuant to this Agreement, Sponsor shall pay to Vendor the sum of $ 3.39 for each lunch and $_1.94 for each breakfast prepared for service at locations within the City of Lynwood. The quantity shall not exceed three hundred (300) of each meal daily except as may be mutually agreed upon by Sponsor and Vendor. Sponsor's ordering of a quantity in excess of meals daily and Vendor's providing thereof shall constitute such mutual agreement. In no event shall Sponsor be liable or be required to pay for any meals which fail to meet the requirements of the regulations, including those pertaining to USDA nutritional requirements, such as meals of poor quality, unwholesome or spoiled meals or portions thereof or damaged meals or meals which otherwise fail to meet the requirements set forth in this Agreement (when all required meal components are served by the Sponsor). SCANNED C. PAYMENTS. Vendor expressly agrees that payment of such meals provided under this Agreement shall be made by Sponsor within sixty (60 days) after billing period. It is understood that the USDA assumes no liability for payment of differences between the number of meals delivered /prepared by Vendor and the number of meals served by the Sponsor that are eligible for reimbursement. 111. ORDERING OF MEALS AND DELIVERY A. ORDERING. Sponsor shall order from Vendor on a daily basis such number of meals as are needed three (3) days in advance of service at the location within the City of Lynwood. Each daily order may be increased or decreased by Sponsor only upon notice given to Vendor no later than 1:00 p.m. on the day prior to the day upon which such increase or decrease is to take effect. B. PICK UP AND DELIVERY. Sponsor agrees to deliver all meals prepared for service at locations within the City of Lynwood on the day of the actual service of such meals. All breakfasts and lunches shall be available for pick -up by Sponsor at Vendor's loading dock no earlier than 8:00 a.m. and no later than 8:30 a.m. for breakfasts and lunches no earlier than 11:30 a.m. and no later than 12:00 p.m. on the day of service. Times may be adjusted with consent of both the Vendor and Sponsor. IV. PREPARATION OF MEALS A. Vendor agrees to provide different menus daily to prevent monotony in meals. B. BREAKFAST. All breakfasts shall consist of the required number of the following components: 1. Eight (8) ounces of low fat milk. 2. One -half (1/2) cup of vegetables or fruits, or 100% vegetable or fruit juice. 3. One (1) slice bread or equivalent made of whole grain or enriched flour or meal, or three- quarters (3/4) cup of cooked cereal. C. LUNCHES. All lunches shall meet the requirements of a USDA reimbursable lunch, described generally as follows: 1. Eight (8) ounces low fat milk. 2. Two (2) ounces (edible portion as served) of meat or meat alternate (fish, cheese or one (1) egg, one -half (1/2) cup cooked dry beans or peas, or four (4) tablespoons of peanut butter), or an equivalent. 3. Three - fourths (3/4) cup of two (2) or more fruits and /or vegetables. A serving of full- strength fruit juice may be counted to meet no more than three - eighths (3/8) cup of this requirement. 4. One (1) slice of bread or equivalent made of whole grain or enriched flour or meal. D. PACKAGING. 1. Meals shall be packaged in a plastic bag or wrapped box by Sponsor. 2. Each unit shall be capable of holding meals at a temperature of 32 degrees minimum not to exceed 45 degrees maximum, for a period of three (3) hours. 3. All sandwiches shall be individually wrapped and sealed. 4. An eight (8) ounce carton of low fat milk shall be supplied with each meal. E. MENU CYCLE. Vendor shall provide lunches in accordance with menu cycle mutually agreed upon in writing which may be repeated for the duration of the program. Vendor shall provide hot lunches a minimum of three (3) times per week throughout the Program as ordered by Sponsor. V. GENERAL FOOD HANDLING REQUIREMENTS A. FOOD ANALYSIS. At the discretion of the Vendor, and at its own expense, a random sampling of meals shall be sent to a recognized laboratory for analysis of portions, bacteria, coliform and plate counts. B. HEALTH REGULATION. All applicable health regulations will be adhered to by Vendor at all times. Sponsor, state and federal program authorities shall have the right to inspect Vendors premises and request formal inspections by health officials if deemed necessary. Failure to comply with applicable health requirements shall result in the termination of this Agreement. C. PERMITS. Food handler's permits shall be required in accordance with applicable requirements. Vendor shall have the responsibility to ensure that its employees observe sanitary food handling practices. D. HOLDING FACILITIES AND PACKAGING MATERIAL. Sponsor shall provide satisfactory holding facilities such as styrofoam containers. Packaging material shall be of strength sufficient to prevent crushing of food. E. QUALITY STANDARD. Quality standards shall adhere to state and local specifications, and all meat by- products shall come from plants inspected under a federally- approved inspection program. F. TRANSPORTING AND FOOD SERVICE EQUIPMENT. All transporting and other food services equipment shall be cleaned and sanitized on a daily basis. If the condition of boxes becomes unacceptable for food handling, the Sponsor agrees to replace containers. G. PACKING OF MEALS. Each individual meal (including beverage and fresh fruit) shall be unitarily packaged by Sponsor. Vendor meals shall be packaged in bulk. Sponsor shall see that all components are served. Breakfast and lunch will be identified separately. H. PREPARATION AND ASSEMBLY OF MEALS. Meals shall be prepared under properly controlled temperatures. Assembly should include necessary eating utensils, napkins, condiments, etc. Assembled meals shall be held in properly refrigerated and/or heated areas that meet sanitation standards. Samples of finished meal packages in accordance with menus provided shall be approved by Sponsor and there shall be no deviation from the packaging presented and approved. I. PRODUCTS. All products shall be manufactured and assembled in a USDA or County of Los Angeles Health Department approved and inspected plant not more than twenty -four (24) hours prior to delivery. Vendor shall furnish upon request and at Sponsor's expense a microbial analysis, a chemical analysis and flavor analysis. J. DONATION FOODS. USDA donation foods will be utilized as practical in the program and in availability from the state. K. MEALS. Vendor shall supply complete meals only. If any portion of meal is undeliverable, unacceptable or missing, Sponsor shall disallow payment of total meal unless the missing components are provided before serving. L. VERIFICATION. Verification of the number of boxes, as well as the number of meals in each box, shall be made by Sponsor on the Vendor's dock at the time of loading. VI. RECORDS A. MONTHLY RECORDS. In addition to any other records, books, statements or invoices required to be kept by Vendor pursuant to this Agreement, Vendor shall maintain such records (supported by invoices, receipts or other documenting evidence) as Sponsor will need to meet its responsibilities. Such information shall be reported by the Vendor to the Sponsor within ten (10) days. B. KEEPING OF RECORDS. Vendor shall keep full and accurate records in connection with the meals covered by this Agreement. All such records shall be kept on file for three (3) years after the end of federal fiscal year to which they pertain or any other period which the Secretary of Agriculture may from time to time designate. Sponsor or the auditors of USDA/California Department of Education, upon request, shall have access to all such records for audit and review at a reasonable time and place. Sponsor's authorized representatives and the representatives of USDA/California Department of Education shall have the right to conduct on -site review of the food service operation. VII. GENERAL PROVISIONS A. TERM AND TERMINATION. The term of this agreement shall commence June 13, 2016 and shall terminate August 19, 2016, provided however, that either Sponsor or Vendor may terminate this agreement by giving to the other party at least seventy -two (72) hours prior written notice thereof. Meals will be served Monday through Friday. B. CONTINGENT OF STATE /FEDERAL AGREEMENTS. Sponsor and Vendor understand and agree that this agreement is contingent upon the execution of underlying agreements with the United States Department of Agriculture or agencies thereof. Consequently, neither Sponsor nor Vendor shall have obligation to perform, and this agreement shall be of no force and effect until such time as such underlying agreements have been duly executed. Upon demand, Sponsor shall supply Vendor with copies thereof. C. HOLD HARMLESS. Vendor agrees to indemnify and hold harmless Sponsor, its agents, employees and officers against any and all,,claims, demands, damages, liabilities, costs, suits or expenses, arising out of any act or omission of any officer, agent or employee of Vendor or resulting from the condition of any property owned or controlled by Vendor. Sponsor agrees to indemnify and hold harmless Vendor, its agents, employees and officers against any and all claims, demands, damages, liabilities, cost, suits, or expenses arising out of any act or omission of any officer or employee of Sponsor or resulting from the condition of any property owned or controlled by Sponsor. D. STATUS OF VENDOR. Neither Vendor nor any of its officers, employees or agents are, nor shall they be deemed for any purpose, employees of Sponsor nor shall they be entitled to any rights, benefits or privileges of Sponsor's employees. E. NON - ASSIGNMENT /SUBCONTRACTORS. This Agreement is non - assignable without prior written consent of Sponsor's City Council. Any attempt by Vendor to assign any of its duties, obligations and responsibilities shall be void and shall render this Agreement void forthwith. F. TIME OF ESSENCE. Time is of the essence in the performance of Vendor of its obligation hereunder. G. REMEDY FOR NON- PERFORMANCE. In the event Vendor fails to perform any or all of the tasks required by this Agreement, Sponsor reserves the right to perform such tasks not performed by Vendor. Vendor shall be liable to Sponsor for all reasonable costs incurred in such performance. Sponsor shall not exercise any remedy available upon the occurrence of Vendor's failure to perform until: 1. Written notice specifying any /all items of non - performance is given to Vendor; and 2. Vendor shall have failed to correct the specified items of non - performance within forty -eight (48) hours of notice thereof. H. ADMINISTRATION. Any other designee(s) of the City Manager is authorized and directed for and on behalf of the City, to administer this Agreement and all related matters; and any decision of the City Manager or his designee(s) in connection herewith shall be final. I. INSURANCE. Unless otherwise required by the context of specific provision of this Agreement, all notices or Vendor shall provide directly, and /or through G INSURANCE. Unless otherwise required by the context of specific provision of this Agreement, all notices or Vendor shall provide directly, and/or through its Sub - Vendors, liability insurance covering all of the activities to be conducted for the Food Service, save and except those activities provided by SPONSOR other than security. Vendor shall provide the Proof of Insurance, as defined below, as approved by the Chief Executive Officer of SPONSOR and in amounts and in coverage of at least $3,000,000 general liability combined single -limit per occurrences for bodily injury, personal injury and property damage and $1,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name SPONSOR and its officers, employees and agents as additional insured on such policies. Vendor shall file with SPONSOR the following which shall be defined as the Proof of Insurance: (i) an Endorsement and a Certificate of Insurance evidencing the existence of all required insurance coverage prior to June 1, 2016 and (ii) Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage to oblige its insurance agent or broker and insurers to provide to Agency with thirty (30) day notice of cancellation (except for nonpayment for which ten (10) day notice is required) or nonrenewal of coverage for each required coverage prior written notice to SPONSOR by the carrier or carriers, the insurance provided shall be primary and any other insurance SPONSOR may have will be non - contributing. J. NOTICES. Unless otherwise required by the context of specific provision of this Agreement, all notices or communications hereunder shall be in writing and shall be deemed duly given if personally delivered or mailed first class, postage prepaid to the following addresses: ATTENTION: Mark Flores To: Sponsor: City of Lynwood Recreation and Community Services 11301 Bullis Road Lynwood, CA 90262 ATTENTION: OFFICE OF BUSINESS SERVICES To Vendor Lynwood Unified School District 11321 Bullis Road Lynwood, CA 90262 C SPONSOR: City of Lynwood, a Municipal Corporation BY: e_r �- /--75 Edwin Hernandez, May r Attest: , aO.'e'4 inonez, City Clerk APPROVED :AS�,TO,F David A. Garcia City Attorney VENDOR: Lynwood Pahl Gothold, Superintendent Lynwood Unified School District 0/t /go Date J.J. Arnaldo City Manager APPROVED AS TO CONTENT: Mark Flores, Dir ct r Recreation & Coco unity Services Angeles County sl3I)I(P Date