The URL can be used to link to this page

Home My WebLink About1996-155 RES 96-155 "t 1 2 3 4 5 6 7 8 9 96-155 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO FURNISH FOOD SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO 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 10 an agreement with the San Bernardino Unified school District 11 relating to the delivery of Type A lunches and snacks to lunch 12 sites, a copy of which is attached hereto, marked Exhibit "A" and 13 incorporated herein by reference as fully as though set forth at 14 length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 18 Bernardino at a regular meeting thereof, held on the 17th , 1996, by the following vote, day of June 19 to wit: 20 II 21 II 22 II 23 II 24 II 25 II 26 27 28 5/23/96 -1- 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO FURNISH FOOD SERVICE FOR THE SUMMER 2 FOOD SERVICE PROGRAM. 3 4 5 6 7 8 9 10 11 12 13 14 15 RES 96-155 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE X CURLIN X ARIAS X - OBERHELMAN X DEVLIN X ANDERSON X - MILLER X ~oV/l.l..-{. ~~ Ra el Clark, City Clerk The foregoing resolution is hereby approved this /711 day of June , 1996. Approved as to form and legal content: James F. Penman City Attorney ~ ,1 By: __ 1. /i:;~ (J sbcusc-summerlunchprog-160u 5/23/96 --;:;:;;;); I t ~~ Tom Mlnor, Mayor City of San Bernardino -2- 96-155 CAlIFORNIA DEPARTMENT OF EDUCATION CHILD NUTRITION AND FOOD DISTRIBUTION OMSION SUMMER AND A(IUl T CARE FOOQ PROGRAMS 7 CF" PART 225 (2196) THIS AGREEMENT IS ENTERED INTO ON THIS FIRST DAY OF AGREEMENT TO FURNISH FOOD SERVICE BETWEEN A SUMMER FOOD SERVICE PROGRAM SPONSOR AND A FOOD SERVICE VENooR ;elf -L '-"'NII''1J June \'~} , 1996 BY AND BE1WEEN ~it-y nf' !:"n\l\r.~l,nn ,HEREINAFTERREFERREDTOASTHEAGENCY, AND !;"n lIPTnardino Cit1 Unif:f./ilL ~~i.~..P~fict. HEREINAFTER REFERRED TO AS THE VENDOR. WHEREAS, IT IS NOT WIT1-iIN THE CAPABILITY OF THE AGENCY TO PREPARE SPECIFIED MEALS UNDER THE SUMMER FOOD SERVICE PROGRAM (SFSP); AND WHEREAS, THE FACILITlES AND CAPABILITlES OF THE VENDOR ARE ADEQUATE TO PREPARE AND DELIVER SPECIFIED MEALS TO THE AGENCY'S FACILITY(IES); AND WHEREAS, THE VENDOR IS W1UJNG TO PROVIDE SUCH SERVICES TO THE AGENCY ON A COST REIMBURSEMENT BASIS; THEREFORE, BOTH PARTIES HERETO AGREE AS FOLLOWS: THE VENDOR AGREES TO: 1. PREPARE UNITIZED MEALS FOR PICK-UP AND/OR ~EUVERy"9 c(!JCLUSIVE~R EXCLUSIVE~ OF MILK OR JUICE San Bernardino City usn or depending on serving time. EACH DAY, IN ACCORDANCE WIT1-i THE NUMBER OF MEALS REQUESTED AND AT THE COST(S) PER MEAL LISTED BELOW: ~l1~~i~in~~~rp~ AT 11~7 NorthD~~lvd. BY 10:30 :a:;m. 11 :'00 a.m. ~tltMt.1 BREAKFAST $ x EACH LUNCH $ 1.92 EACH SUPPLEMENT/SNACK $ .47 EACH SUPPER $ x EACH 2. PROVIDE THE AGENCY. FOR APPROVAL, A PROPOSED CYCLE MENU FOR THE OPERATIONAL PERIOD, AT LEAST 30 DAYS PRIOR TO THE BEGINNING OF THE PERIOD TO WHICH THE MENU APPLIES. ANY CHANGES TO THE MENU MADE AFTER AGENCY APPROVAL MUST BE AGREED UPON BY THE AGENCY, APPROVED BY THE CALIFORNIA DEPARTMENT OF EDUCATION. AND DOCUMENTED ON THE MENU RECORDS. 3. ASSURE THAT EACH MEAL PROVIDED TO THE AGENCY UNDER THIS AGREEMENT MEETS THE MINIMUM REQUIREMENTS AS TO THE NUTRITIONAl CONTENT AS SPECIFIED BY THE SUMMER FOOD SERVICE PROGRAM MEAL PATTERN, SCHEDULE B (AlTACHED) WHICH IS EXCERPTED FROM THE REGULATIONS 7 CFR PART 225.16. 4. MAINTAIN FULL AND ACCURATE RECORDS WHICH DOCUMENT: (1) THE MENUS LISTING ALL MEALS PROVIDED TO THE AGENCY DURING THE TERM OF THIS AGREEMENT, (2) A LISTING OF ALL NUTRITIONAl COMPONENTS OF EACH MEAL, AND (3) AN ITEMIZATION OF THE QUANTITIES OF EACH COMPONENT USED TO PREPARE SAID MEAL. THE VENDOR AGREES TO PROVIDE MEAL PREPARATION DOCUMENTATION BY USING YIELD FACTORS FOR EACH FOOD ITEM AS LISTED IN THE USDA FOOD BUYING GUIDE WHEN CALCULATING AND RECORDING THE QUANTITY OF FOOD PREPARED FOR EACH MEAL. . ~ t I I i j I 5. MAINTAIN SUCH COST RECORDS AS INVOICES, RECEIPTS AND/OR OTHER DOCUMENTATION THAT EXHIBIT THE PURCHASE. OR OTHERWISE AVAILABILITY TO THE VENDOR, OF THE MEAL COMPONENTS AND QUANTITIES ITEMIZED IN THE MEAL PREPARATION RECORDS. 6. MAINTAIN ON A DAILY BASIS AN ACCURATE COUNT OF THE NUMBER OF MEALS, BY MEAL TYPE. PREPARED FOR AND DELIVERED TO/PICKED UP BY THE AGENCY. MEAL COUNT DOCUMENTATION MUST INCLUDE THE NUMBER OF MEALS REQUESTED BY THE AGENCY. . -CiRCLE EITHER PICK UP,OR DELIVERY; OR CIRCLE BOTH PICK UP AND DELIVERY IF THIS AGREEMENT IS FOR A COMBINATION FOR MORE THAN ONE SITE. ... CIRCLE VVHETHER THE VENDOR IS TO .,NCLUDE" OR -EXCLVDE- MIl.X AND JIUlCE W2TH THE MEAL. '1 AGREEMENT TO FURNISH FOOD SERVICE PAGE 2 7. ALLOW THE AGENCY TO INCREASE OR DECREASE THE NUMBER OF MEAL ORDERS. AS NEEDED. WHEN THE REQUEST IS MADE WITHIN . 14 hmn'" QF THE SCHEDULED DElIVERY TIME. 8. PRESENT TQ THE AGENCY AN INVQICE ACCOMPANIED BY REPORTS NO LATER THAN THE.l5..th. DAY OF EACH MONTH WHICH ITEMIZES THE PREVIOUS MONTH'S DELIVERY. THE VENDOR AGREES TO FORFEIT PAYMENT FOR MEAlS WHICH ARE NOT READY WITHIN ONE (1) HOUR OF THE AGREED UPON DElIVERY TIME, ARE SPOILED OR UNWHOLESOME AT THE TIME OF DELIVERY. OR DO NOT OTHERWISE MEET THE MEAl REQUIREMENTS CONTAINED IN THIS AGREEMENT. IN CASES OF NONPERFORMANCE OR NONCOMPLIANCE ON THE PART OF THE VENDOR, THE VENDOR SHAll. PAY THE SPONSOR FOR ANY EXCESS COSTS THE SPONSOR INCURS BY OBTAINING MEALS FROM ANOTHER SOURCE. 9. PROVIDE THE AGENCY WITH A COPY OF CURRENT HEAlTH CERTIFICATIONS FOR THE FOOD SERVICE FACILITY IN WHICH IT PREPARES MEALS FOR THE SFSP. THE VENDOR SHAll. ENSURE THAT ALL HEALTH AND SANITATION REQUIREMENTS OF THE CALIFORNIA RETAIL FOOD FACILITIES LAW, CHAPTER 4 OF THE CALIFORNIA HEALTH AND SAFETY CODE, ARE MET AT ALL TIMES. 10. OPERATE IN ACCORDANCE WITH CURRENT SFSP REGULATIONS; AND. COMPLY WITH ALL OTHER USDA REGULATIONS REGARDING FOOD SERVICE VENDORS (FOOD SERVICE MANAGEMENT COMPANIES). 11. RETAIN ALL REQUIRED RECORDS FOR A PERIOD OF THREE (3) YEARS AFTER THE END OF THE FISCAl YEAR TO WHICH THEY PERTAIN (OR LONGER, IF AN AUDIT IS IN PROGRESS); AND UPON REQUEST TO MAKE All ACCOUNTS AND RECORDS PERTAINING TO THE AGREEMENT AVAIlABLE TO THE CERTIFIED PUBLIC ACCOUNTANT HIRED BY THE AGENCY, REPRESENTATIVES OF THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, THE U.S. DEPARThlENT OF AGRICULTURE (USDA). AND THE U.S. GENERAL ACCOUNTING OFFICE FOR AUDITS OR ADMINISTRATIVE REVIEWS AT A REASONABLE TIME AND PLACE. 12. NOT SUBCONTRACT FOR THE TOTAL MEAL, WITH OR WITHOUT MILK, OR FOR THE ASSEMBLY OF THE MEAL. 13. THE VENDOR SHALL BE PAID BY THE SPONSOR FOR AlL MEALS PICKED-UP ANDloR DELIVERED IN ACCORDANCE WITH THE AGREEMENT AND THIS PART. HOWEVER, NEITHER THE CAliFORNIA DEPARThlENT OF EDUCATION NOR USDA WILL ASSUME ANY LIABILITY FOR PAYMENT OF DIFFERENCES BETWEEN THE NUMBER OF MEALS PREPARED PICKED-UP ANDI OR DELIVERED BY THE VENDOR AND THE NUMBER OF MEAlS SERVED BY THE SPONSOR THAT ARE ELIGIBLE FOR REIMBURSEMENT. 14. IF APPLICABLE, USE USDA DONATED FOODS TO THE FULLEST EXTENT POSSIBLE IN PREPARATION OF MEALS; PROVIDE FULL VAlUE OF USDA DONATED FOOD TO THE AGENCY; RETURN ANY UNUSED FDOD TO THE AGENCY; THE AGENCY AGREES TO: 1. REQUEST BY TELEPHONE NO LATER THAN 2 :00 of Drecedin~ day, AN ACCURATE NUMBER OF MEALS TO BE PICKED- (TlWE Of' Di'y Oft MY Of WEEK) UP ANDloR DELIVERED TO THE AGENCY ON EACH DAY. NOTIFY THE VENDOR OF NECESSARY INCREASES OR DECREASES IN THE NUMBER OF MEAl ORDERS WITHIN '"14 hoflF THE SCHEDULED PICK-UP/DELIVERY TIME. ERRORS IN MEAL ORDER COUNTS MADE BY THE AGENCY SHAlL BE THE RESPONSIBILITY OF THE AGENCY. 2. ENSURE THAT AN AGENCY REPRESENTATIVE IS AVAIlABLE AT EACH PICK-UP ANDI OR DELIVERY SITE, AT THE SPECIFIED TIME ON EACH SPECIFIED PICK-UP ANDloR DELIVERY DAY TO RECEIVE, INSPECT AND SIGN FOR THE REQUESTED NUMBER OF MEALS. THIS INDIVIDUAL WILL VERIFY THE TEMPERATURE, QUAlITY AND QUANTITY OF EACH MEAL SERVICE PICK-UP ANDIOR DELIVERY. THE AGENCY ASSURESTHE VENDOR THAT THIS INDIVlDUAl WILL BE TRAINED AND KNOWLEDGEABLE IN THE RECORD KEEPING AND MEAl REQUIREMENTS OF THE SFSP, AND IN HEALTH AND SANITATION PRACTICES. 3. PROVIDE PERSONNEL TO SERVCE MEALS. CLEAN THE SERVING AND EATING AREAS. AND ASSEMBLE TRANSPORT CARTS AND AUXILIARY ITEMS FOR PICK UP BY THE VENDOR (IF APPLICABLE) NO LATER THAN l~,"~EJ!I,'b.,J>afore serving time. 4. NOTIFY THE VENDOHvylTHIN ADDITIONS OR DELETIONS. 7 DAYS OF RECEIPT OF THE NEXT MONTH'S PROPOSED CYCLE MENU. OF ANY CHANGES. 5. PROVIDE THE VEND9R WITH A COPY OF 7 CFR PART 225. 16; THE SUMMER FOOD SERVICE PROGRAM MEAL PATTERN (SCHEDULE B); THE USDA FOOD BUYING GUIDE; AND ALL OTHER TECHNICAL ASSISTANCE MATERIALS PERTAINING TO THE FOOD SERVICE REQUIREMENTS OF THE SFSP. THE AGENCY WILL. WITHIN 24 HOURS OF RECEIPT FROM THE SAC UNIT. ADVISE THE VENDOR OF ANY CHANGES IN THE FOOD SERVICE REQUIREMENTS. . NEGOTIABLE TIME FRAME BUr: SHOULl) BE NO LONGER THAN 24 HOURS ,/ M .- 0:- J 0 I-~,~~ \ AGREEMENT TO FURNISH FOOD SERVICE PAGE 3 6. PAY THE VENooR BY THE 30th DAY OF EACH MONTH THE FULL AMOUNT AS PRESENTED ON THE MONTHLY ITEMIZED INVOICE. THE AGENCY AGREES TO NOTIFY THE VENDOR WITHIN 48 HOURS OF RECEIPT OF ANY DISCREPANCY IN THE INVOICE. IT IS THE AGENCY'S RESPONSIBILITY TO PAY THE VENDOR FOR All MEAlS PICK-UP AND/ OR DELIVERED IN ACCORDANCE WITH THE AGREEMENT. NEITHER THE CALIFORNIA DEPARTMENT OF EDUCATION NOR THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) WlU ASSUME ANY LIABILITY FOR PAYMENT OF THE DIFFERENCE BElWEEN THE NUMBER OF MEALS PREPARED, PICKED-UP BY THE AGENCY OR DELIVERED BY THE VENDOR AND THE NUMBER OF MEALS SERVED BY THE AGENCY THAT ARE ELIGIBLE FOR REIMBURSEMENT. 7. IF APPLICABLE, ORDER USDA DONATED FOODS AFTER CONFERRING WITH THE VENDOR AS TO THE TYPE AND QUANTITY OF FOOD THAT CAN BEST BE INCORPORATED INTO MEALS. TERMS OF THE AGREEMENT THIS AGREEMENT WILL TAKEEFFECTCOMMENCINf.; June 24, 1996 (FIRST [),A,y OF CONTRACTED SER\IICf) ANDSHALLEND Au~st 30, 1996 (LAST ClAY OF SERVICE) BUT NO LATER THAN SEPTEMBER 30. IT MAY BE TERMINATED BY NOTIFICATION GIVEN BY EITHER PARTY HERETO THE OTHER PARTY AT LEAST 30 DAYS PRIOR TO THE DATE OF TERMINATION. THE AGENCY SHALL HAVE THE OPTION TO CANCEL THIS CONTRACT IF THE FEDERAL GOVERNMENT WITHDRAWS FUNDS TO SUPPORT THE SFSP. IT IS FURTHER UNDERSTOOD THAT. IN THE EVENT OF CANCElLATION OF THE CONTRACT, THE AGENCY SHALL BE RESPONSIBLE FOR MEALS THAT HAVE ALREADY BEEN ASSEMBLED. DELIVERED AND/OR PICKED-UP IN ACCORDANCE WITH THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF n;~.Jll\TES INDICATED BELOW: ~!~ .~.O Yl<.~ VENDOR OFFICIAL SIG RE AGENCY OFFICIAL SIGNATURE Harold L. Boring, Ed.D. VENDOR OFFICIAL NAME (PLEASE TYPE) TOM MINOR AGENCY OFFICIAL NAME (PLEASE TYPE) Asst. Supt., Admin. Svs. TITLE MAYOR TITLE (909) 381-1162 TELEPHONE (909) 384-5133 TELEPHONE Mav 9, 1996 DATE c;rL-">CL (1, (9rt . DATE I I ~; f'I /' ....r,.~_/~-', CAl:.:'OANIA OEPAArMENT OF EOUCAnON SCHEDULE 8 - Summer Food Service Program FOOD COMPONENTS MILK MILK, FLUID VEGETABLE(S) AND/OR FRUIT(S)' VEGETABLE(S) AND/OR FRUIT(S) OR FULL-STRENGTH VEGETABLE OR FRUIT JUICE OR AN EQUIVAlENT QUANTITY OF AN'( COMBINA- TION VEGETABLES(S), FRUIT(S), AND JUICE BREAD / BREAD ALTERNATES' (GRAIN PRODUCTS) BREAD CORN8READ, BISCUITS, ROLLS, MUFFINS, ETC., OR COLD DRY CEREAL OR COOKED PASTA OR NOODLE PRODUCT OR COOKED CEREAL OR CEREAL GRAINS OR AN EQUIVALENT QUANTITY OF ANY COMBINATION OF BREAD/BREAD ALTERNATES MEAT / MEAT ALTERNATES LEAN MEAT OR POULTRY OR FISH OR CHEESE OR EGGS OR COOKED DRY BEANS OR PEAS OR PEANUT BUTTER OR SOY NUT BUTTER OR OTHER NUT OR SEED BUTTERS OR PEANUTS OR SOY NUTS OR TREE NUTS O~ SEEDS ~. OR YOGURT, PLAIN OR SWEETENED AND FLAVORED (SNACK ONLY) OR AN EQUIVALENT QUANTITY OF ANY COMBINATION OF THE ABOVE MEAT/MEAT ALTERNATES MEAL PATTERN BREAKFAST 1 CUP (8 FL OZ.)2 Y:i CUP Y:i CUP (4 FL OZ.) 1 SLICE 1 SERVING 0/. CUP OR 1 OZ.. Y:i CUP Y:i CUP (OPTIONAL) 1 OZ. 1 oz. 1 LARGE EGG Y:icup CHILD NUTRITION AND FOOD DISTRIBUTION OM$ION LUNCH OR SUPPER 1 CUP (8 FLOZ.)3 0/. CUP TOTAL' . 1 SLICE 1 SERVING Y:i CUP Y:i CUP I 2 OZ. 20z. 1 LARGE EGG Y:icup 4 TBSP. 1 oz. = 50%' FOR THE PURPOSE OF THIS TABLE. A CUP MEANS A STANDARD MEASURING CUP. Indicated endnote s can be. found on the back SNACK' (CHOOSE TWO Of THE FOUR) 1 CUP (8 FL. OZ.)' 0/. CUP 0/. CUP (6 FL. OZ.) 1 SLICE 1 SERVING 0/. CUP OR 1 OZ. 1.oz. 1 oz. 1 LARGE EGG y. CUP 2 TBSP. 10Z 4 OZ. OR Y;i CUP ,. ..........- ...., ,. ~" .. CNFOO 8050-8 PAGE 2 SUMMER FOOD SERVICE PROGRAM MEAL PATTERN DEFINITIONS , SNACKS: SERVE 1WO FOOD ITEMS. EACH FOOD ITEM MUST BE FROM A DIFFERENT FOOD COMPONENT. JUICE MAY NOT BE SERVED WHEN MILK IS SERVED AS THE ONLY OTHER COMPONENT. 2 MILK FOR BREAKFAST SHALL BE SERVED AS A BEVERAGE, OR ON CEREAL, OR USE PART OF IT FOR EACH PURPOSE. 3 MILK FOR LUNCH OR SUPPER SHALL BE SERVED AS A BEVERAGE. . , VEGETABLE I FRUIT FOR LUNCH OR SUPPER: SERVE 1WO OR MORE KINDS OFVEGETABLE(S) ANDloR FRUIT(S) OR A COMBINATION OF BOTH. FULL-STRENGTH VEGETABLE OR FRUIT JUICE MAY BE COUNTED TO MEET NOT MORE THAN ONE-HALF OF THIS REQUIREMENT. , DEFINITION OF BREAD AND SERVING SIZE: BREAD OR OTHER GRAIN PRODUCTS, PASTA, OR NOODLE AND CEREAL GRAINS (SUCH AS RICE, BULGUR, OATS, WHEAT OR CORN GRITS) SHALL BE WHOLE-GRAlN OR ENRICHED; CORNBREAD, BISCUITS, ROUS, MUFFINS, ETC., SHALL BE MADE WITH WHOLE-GRAlN OR ENRICHED MEAL OR FLOUR; CEREAL SHALL BE WHOLE-GRAlN, ENRICHED OR FORTIFIED. A BREAD SERVING IS CONSIDERED TO BE 1 SUCE OF BREAD EQUIVALENT TO 25 GRAMS (.9 TO 1 oz.) IN WEIGHT. INSTRUCTIONS ON DETERMINING APPROPRIATE SERVING SIZES FOR GRAIN PRODUCTS SERVED As BREADAL TERNATlVES (CRACKERS, P"!:'CAKES, BULGUR, ETC.) ARE FOUND IN THE USDA FOOD BUYING GUIDE. · QUANTITY OF DRY CEREAL: EITHER VOLUME (CUP) OR WEIGHT (OZ.) WHICHEVER IS LESS. 7 MEAT I MEAT ALTERNATES: No MORE THAN 50 PERCENT OF THE REQUIREMENT SHALL BE MET WITH NUTS OR SEEDS. NUTS OR SEEDS SHALL BE COMBINED WITH ANOTHER MEATIMEAT ALTERNATE TO FULFILL THE REQUIREMENT. WHEN DETERMINING COMBINATIONS, 1 OZ. OF NUTS OR SEEDS IS EQUAL TO 1 OZ. OF COOKED LEAN MEAT, POULTRY, OR FISH. CERTIFICATION - I certify that the Institution and the Contractor must comply with all meal and component requirements set forth in the federal regulations, 7 CFR Part 226 and outlined above. I unde,rstand that the Contractor may not be paid for any meal provided that does not meet these requirements as stated in the Invitation for Bid and Contract, Section F, Item 7. I ~~ Ipkl A5' I CAS -~ --96 ~ II ~'~~m