Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services, KW
Sarah Martinez, Community Services Recreation Superintendent ` FOR: City Council meeting of April 24, 2023
SUBJECT: Summer Feeding Program Agreement
RECOMMENDATION:
That the City Council authorize the City Manager to execute an Agreement for the Summer Feeding Program between the City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District, to be held Monday through Friday, from June 12, 2023, through July 21, 2023, excluding holiday closures, at Yucaipa Community Park.
DISCUSSION:
From 2016 to 2019, the City of Yucaipa (City) and the Yucaipa-Calimesa Joint Unified School District (District) have partnered to offer the Seamless Summer Feeding Program (SSFP) at two City Park locations (Yucaipa Community Park and 7"' Street Park). The SSFP provided free lunch to anyone 18 and under or with disabilities. The 2019 SSFP provided a total of 5,411 lunches during the summer. Due to the COVID-19 Pandemic, from 2020 to 2022, the SSFP was not offered at City Park locations.
The District would like to partner with the City once again to offer the Summer Feeding Program (Program) formerly known as SSFP, at Yucaipa Community Park (34900 Oak Glen Road). If approved, the Program will operate Monday through Friday, from 11:45 a.m. to 12:15 p.m., beginning, June 12, 2023, and concluding on Friday, July 21, 2023, The District will be responsible for the USDA contract, lunch menu, daily preparation, delivery, distribution of the lunches, and shade canopy set-up/tear down. The City will provide a clean, suitable location for lunch service and distribution, provide 30 minutes of staff support, and promote the Program in the City's summer marketing material.
FISCAL IMPACT:
There is no fiscal impact to the City as a result of this item. The part-time staff currently assigned to the Community Center will assist with the Program as part of their daily assigned duties.
Attachments: 2023 Summer Feeding Program Agreement
Approved by:
04/24/2023 City Council Agenda 116
Yucaipa Calimesa Joint Unified School District
And
City of Yucaipa
12797 Third Street
Yucaipa, California 92399
AGREEMENT FOR SUMMER FEEDING PROGRAM
This Agreement is made and entered into May 16, 2023, by and between Yucaipa- Calimesa Joint School District, a California public school district (hereinafter referred to as the "Sponsor") and CITY OF Yucaipa, a California municipal corporation (hereinafter referred to as "Agency"). Sponsor and Agency are sometimes referred to individually as "party" and collectively as "parties".
WITNESSETH:
WHEREAS, there is a need to provide a Summer Food Service Program ("Program") to children within the geographical boundaries of the Sponsor; and WHEREAS, through a cooperative effort of the Sponsor and Agency, meals may be provided to these children; and
WHEREAS, the Sponsor intends to contract with the United States Department of Agriculture ("USDA") to provide these meals to children as qualified by the USDA under the USDA Seamless Summer Option ("SSO"); and
WHEREAS, the Agency will be providing recreational or educational programs to children on Agency premises (Agency Site"); and
WHEREAS, the Agency Site has been selected as a food service serving site for the Program;
NOW, THEREFORE, the parties hereby agree as follows:
1��.� ��.C�l�Y��►1 ��t�]l►1r.r lL� al.� �U i:�� I:� 1 � � � 1 �� a. The Sponsor will provide lunches to be served by the parties to children 18 years of age and under (or persons over 18 years of age if they are mentally or physically handicapped and participating in a public or private non- profit school program for the mentally/physically handicapped). b. The Sponsor will provide lunches that meet the nutritional requirements of the National School Lunch ("NSLP") lunch meal pattern. c. "Operations" shall begin on June 12, 2023 and continue through July 21, 2023, with the exception of the closures on ,tune 19, 2023 and July 4, 2023.
Service will be Mondays — Fridays, at Yucaipa Community Park, 34900 Oak Glen Road, Yucaipa. The site may close and operations cease prior to July 21, 2023 upon mutual consent of the parties and adequate notice to the public and State officials.
04/24/2023 City Council Agenda 117
d. Lunch will be served by a designated time agreed by both parties. Lunch serving times will be sufficient to serve all appropriate community members while staff of each party will complete their duties throughout the serving period.
e. Proper temperature of food shall be maintained at all times, including the preparation, transportation, delivery and storage of food before serving lunches at the Agency Site and throughout the serving period. Food thermometers as approved by the County's Environmental Health Department shall be used.
f. Meal service may not be provided on days when Sponsor has a designated Holiday for district employees.
2. RESPONSIBILITIES OF BOTH PARTIES
a. At all times, both parties shall comply with all County applicable health laws, Civil Rights law, and USDA regulations relating to the preparation, delivery and serving lunches for the Program, including but expressly not limited to compliance with all health and sanitation requirements of the Program. b. Each party understands and agrees that the other party is a governmental entity duly organized under the laws of the State of California and that each is legally self -insured or otherwise insured under the laws of the State, that each party's insurance is adequate to insure against foreseeable claims, and that neither party shall require either certification of such coverage or require additional coverage.
3. AGENCY RESPONSIBILITIES
In addition to the above joint responsibilities as set forth in Section 2, the Agency shall be responsible for the following;
a. Provide a suitable site that is clean, free of trash and debris and reasonably accessible for the purpose of meal service and distribution of the SSO meal. b. Provide staff with appropriate authority to be responsible for security of the area and enforcing USDA rules and regulations of the SSO.
Provide a volunteer to assist in set up and distribution of meals to program participants. The volunteer time will be no greater than 30 minutes per day. d. Attend any training provided by the Sponsor to assist in upholding all rules and regulations of the SSO,
e. The Agency will perform the required advertisement of the Program to the community and display the required banners at each site promptly once they receive the banner(s) from the Sponsor.
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f. Subject to Section 2(B) of this Agreement, the Agency shall carry adequate liability and property damage insurance to insure against all foreseeable claims to the extent arising out of Agency 's performance of the responsibilities required under this Agreement.
g. The Agency shall assume all responsibility to collect and dispose of waste at both park sites, at no expense to Sponsor.
In addition to the above joint responsibilities as set forth in Section 2, the Sponsor shall be responsible for compliance with all of the following requirements:
a. The Sponsor shall maintain a current contract with the USDA for the administration and execution of the SSO.
b. The Sponsor will provide and set up advertisement signage at the beginning of the meal period and promptly remove the signage after the conclusion of the meal period every day.
c. The Sponsor shall deliver, set up and serve all eligible participants a reimbursable lunch at the Agency Site.
d. The Sponsor shall begin and end meal service times in accordance with USDA requirements.
e. The planned menu and meals served by the Sponsor shall meet the NSLP lunch meal pattern as defined and required by USDA regulations. f. The Sponsor shall develop, record and maintain accurate production records to comply with USDA regulations.
g. The Sponsor shall ensure that the nondiscrimination poster is displayed in a prominent place at the Agency Site.
h. The Sponsor shall develop meal counting procedures to ensure the accuracy of the process.
i. The Sponsor shall provide necessary paper goods and utensils, and personnel for transportation of meals.
j. The Sponsor shall provide banners for the site to the Agency three weeks prior to the start of the Program.
k. Subject to Section 2(B) of this Agreement, the Sponsor shall carry adequate liability and property damage insurance to insure against all foreseeable claims to the extent arising out of the Sponsor's performance of the responsibilities required under this Agreement.
04/24/2023 City Council Agenda 119
5. MUTUAL HOLD HARMLESS AND INDEMNIFICATION:
a. To the fullest extent permitted by law, the Sponsor shall indemnify, defend (with legal counsel approved by the Agency, which such Agency approval shall not be unreasonably withheld), save and hold harmless the Agency and its elected and appointed officials, officers, agents, servants and employees (collectively "Agency Indemnitees"), of and from any and all losses, liabilities, claims, demands, debts, suits, actions, causes of action, costs or expenses (including but not limited to reasonable attorneys fees and costs), of any nature for loss or damage to property or injury or death to persons, to the extent arising out of, resulting from or caused by any negligent or wrongful acts, errors or omissions of the Sponsor or any of the Sponsor's elected or appointed officials, officers, agents, servants and employees, in the performance of this Agreement (collectively "Agency Claims").
Notwithstanding the foregoing, the Sponsor's duty to defend, indemnify, save and hold harmless the Agency Indemnitees exclude: (i) any Agency Claim or portion of such Claim to the extent caused by the negligence or willful misconduct of the Agency's Indemnitees or any of them, or (ii) punitive or exemplary damages imposed against the Agency Indemnitees or any of them.
b. To the fullest extent permitted by law, the Agency shall indemnify, defend (with legal counsel approved by the Sponsor, which such Sponsor approval shall not be unreasonably withheld), save and hold harmless the Sponsor and its elected and appointed officials, officers, agents, servants and employees (collectively the "Sponsor Indemnitees"), of and from any and all losses, liabilities, claims, demands, debts, suits, actions, causes of action, costs or expenses (including but not limited to reasonable attorneys fees and costs), of any nature for loss or damage to property or injury or death to persons, to the extent arising out of, resulting from or caused by any negligent or wrongful acts, errors or omissions of the Agency or any of the Agency's elected or appointed officials, officers, agents, servants and employees, in the performance of this Agreement (collectively "Sponsor Claims"). Notwithstanding the foregoing, the Agency's duty to defend, indemnify, save and hold harmless the Sponsor's Indemnitees excludes: (i) any Sponsor Claim or portion of such Claim to the extent caused by the negligence or willful misconduct of the Sponsor's Indemnitees or any of them, or (ii) punitive or exemplary damages imposed against the Sponsor's Indemnitees or any of them.
G. AMENDMENT.
This Agreement may only be amended by the mutual consent of the parties hereto. Notwithstanding the foregoing, the parties shall comply with any changes to their provision of the services or responsibilities that are required by federal or state law for implementation of the Program. Internal administrative changes to either parry's operating procedures shall not be deemed to be an amendment to the Agreement, except that no such administrative changes shall modify the contractual obligations of either party under this Agreement. 04/24/2023 City Council Agenda 120
7. TERM AND TERMINATION.
a. This Agreement shall be effective upon the date first written above ("Effective Date"), during the time period of "operations" unless sooner terminated in accordance with subsection (b).
b. Notwithstanding subsection (a), this Agreement may be terminated by either party with or without cause, upon 30 days' notice to the other party. Notice shall be given in accordance with Section 9 of this Agreement.
S. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the Sponsor and Agency pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.
9. NOTICES.
Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the part for whom intended, as follows.
If to Agency:
If to the Sponsor:
City of Yucaipa
Yucaipa-Calimesa Joint Unified
Attn: Director of Community of
School District
Services
Attn: Director of Child
34272 Yucaipa Blvd.
Nutrition 12797 Third Street
Yucaipa, CA 92399
Yucaipa, CA 92399
Fax: 909-790-9203
Fax: (909) 790-9262
[email protected]
Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender 04/24/2023 City Council Agenda 121
of a facsimile confirmation sheet.
10. HEADERS AND CAPTIONS.
The headers and captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.
11. GOVERNING LAW.
This Agreement and the attachments hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.
11FA.rulo1al0l1W902a:1•]0AMCO isl
If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
13. CONSTRUCTION,
This Agreement is the product of negotiation, drafting and preparation by and among the Sponsor and the Agency and each of their respective attorneys. The Sponsor and Agency each expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by the Sponsor, Agency, or any of its/their attorneys, and will be construed accordingly. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.
14. AUTHORITY TO EXECUTE.
Each person executing this Agreement on behalf of a party represents and warrants to the other party that this Agreement has been duly approved by such party, that all applicable notices and procedures were complied with and that the party executing this Agreement on behalf of such party is duly authorized by such party to execute the Agreement on behalf of the party and has been duly authorized to do so.
M9414111210:3117 7:I:74161
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.
04/24/2023 City Council Agenda 122
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AGENCY SITE
City Of Yucaipa
Signed:
City of Yucaipa Official
Date
SPONSOR
Yucaipa-Calimesa
District
Signed:
Date
Joint Unified School
Yucaipa- C alimesa
Official
J11SD
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