HomeMy WebLinkAbout1992-315
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RESOLUTION NO.
92-315
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF
EDUCATION, FOOD DISTRIBUTION SECTION FOR COMMODITIES DONATED BY
THE AGRICULTURAL MARKETING SERVICE FOR USE IN THE CITY'S SUMMER
FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JUNE 29, 1992
THROUGH AUGUST 28, 1992.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of the City of San Bernardino
Parks, Recreation and Community Services is hereby authorized and
directed to execute on behalf of said City an agreement with
California State Department of Education, Food Distribution
section for Commodities donated by the Agriculture Marketing
Service for use with the Summer Food Program for Children during
the period June 29, 1992 through August 28, 1992 a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization granted hereunder shall
expire and be void and of no further effect if the agreement is
not executed by both parties and returned to the Office of the
City Clerk within 60 days following effective date of the
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
reaular
meeting thereof, held on
the
day of
Auaust
1992 by the following vote, to
3rd
wit:
7/28/92
-1-
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RESOLUTION RE: COMMODITIES DONATED FOR USE BY THE SUMMER FOOD
SERVICE PROGRAM JUNE 29, 1992 THROUGH AUGUST 28, 1992.
COUNCIL MEMBERS: AYES NAYS ABSTAIN
ESTRADA x
-
REILLY x
-
HERNANDEZ X
-
MAUDSLEY X
-
MINOR X
-
POPE-LUDLAM X
-
MILLER X
i!~ne~
The foregoing resolution is hereby approved this ~
Ch\ Cj c\ ,,1
day of
, 1992.
17
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19 James F. Penman
City Attorney
/
/ //1.7/, ./. /;"'/
/> ,/. / "" I. ~ _ /'
W.Rt'Hol6omb, Mayor ..-
city of San Bernardino
Approved as to form
and legal content:
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By: 8~~~
C/
RESO LUNCH-me
7/28/92
-2-
Res. 92-315
California Department of Education
Child Nutrition and Food Distribution Division
Pomona Distribution Center
2550 Fulton Road
Pomona, CA 91767-2176
CERTIFICATION OF NONPARTICIPATION
IN THE SUMMER CAMP PROGRAM
THIS CERTIFICATION FORM MUST BE COMPLETED AND RETURNED
WITH YOUR SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
OFFERING. ORDERS WILL NOT BE FILLED WITHOUT THIS
CERTIFICATION.
CERTIFICATION OF COMPLIANCE
I am aware that my organization is prohibited from participating in both the Summer Food
Service Program for Children (SFSPC) and the Summer Camp Program at the same time.
City of San Bernardino Parks, Recrea-
This is to certify that tion & Community Services Dept. will not participate as a sponsor
(Recipient Agency)
in the 1992 Summer Camp Program.
Name of Authorized Representative (Print or Type)
nle
Annie F. Ramos
Director of Parks, Recrea-
tion & Communtiy Servs.
Vendor Number
Signature
~
USDA Agreement
#06-63127-9
Oata
T el.phone
(714) 384-5233
OFD/C-F-014
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CALIFORNIA DEPARTMENT OF EDUCATION
CHILD NUTRITION - FOOD DISTRIBUTION DIVISION
Return 10: CALIFORNIA DEPARTMENT OF EDUCATION
Food Distribution Section
P.O. Box 944272
Saa-amento, CA 94244-2720
AGREEMENT FOR DISTRIBUTION OF
DONATED FOOD - INSTITUTION
FDS -1036 (10190)
(Approved per City of S BeIno Res 92-315 adopted
tJ/J/3rlJ
The applicant agency identified below, hereinafter called the recfplent agency, hereby makes application for commodities donated
by the Agriculture Marketing Service, U.S. Department of Agriculture, to the Califomia Daparlmentof Education, hereinafter called
the stata agency, for use and disposition in accordance with the terms and conditions appearing on the reverse side hereof, which
by reference are incorporated herein.
1. Recipient agency is:
0A tax-supported agency
"0 A private, nonprofit agency operating a nonprofit feeding program
2. Type of institution operating the nonprofit feeding program: (Check .J appropriate response.)
('J
Type
Type
('J
Type
{<J
Type
(8) Hospital
(d) Adult rehabilitation
(e) Home for the needy aged
(h) Summer camp for children
(b) Adult drug and/or alcohol
rehabilitation center
. State correctional insti-
tution
(f) Nutrition program for the
elderly that is not funded by
the Older Americans Act,
Titlelll.C
x
@, Summer food service
program for children
m Home for the developmentally
disabled
(k) Other (Specify.)
. City/county jail
(g) Mission or kitchen for
feeding needy homeless
3.a. Indicate number of eligible
persons served meals daily.
. Prerelease centers!
halfway house
Lund!
1550
3.b. Indicate number of days per
week meals served.
5
4. Length of time feeding
program has been In
continuous operation.
5. Is any USDA food given to
private homes or individuals?
6. Will your agency be sending any USDA food to a
commercial processor for the repackaging or
manufacture of prepared food items?
o Ves
00 No
o Ves
[X] No
Nole: Only.",owtd~",. .,.".,-mIltH to NCJe/w USDA to'" on behalf of
M.".ncy. A"., of .""rom pnH>>UfJft" e""'" upon NqWrlK.
30 days
7. Are the services of a public or private organi.
zation used to prepare any part of the meals?
m Yes
o No
8. Have any losses or spoilage of USDA food
occurred?
o Ves
[X] No
If)'lle. a ccpy 01 ths food preparation BgfgefTJ8flt must aCCOfTJJiUly this sppIJcatlonpackBt and 11IJSt
be approved by FDS prfor to the mlinqlJJshlng of any USDA food to a food preparation axrpany.
If fEI6. attach documentation which d6Babe6 the bIB.
RECIPIENT AGENCY AGREEMENT CERTIFICATION
I, tha agant authorizad by tho govaming board of the recipient agency (or by tha chief
administrative officsr of a recipient agency which has no governing board) to enter into this
agreement, certify that the information presented is accurate and agrees to the terms and
conditions of this agreement as they are presented on the reverse side of this form.
STATE AGENCY APPROVAL
PRINTED OR TYPED NAME OF AUTl-lORIZED RECIPENT AGENCY REPRESENTATIVE
Annie F. Ramos
TITLE
Director of Parks, Recreation & Comm.
Services
This app/ica~on when approvad by the stala agency
shall constitute an agreement which shall remain in
full force and effect un~1 written notice to tho contrary
is given as provided in paragraph 8 of the terms and
conditions on the reverse side of this form.
(714 ) 384-5233
TELEPHONE NO.
SHOW
NAME OR
ADDRESS
CHANGE
HERE
547 N. Sierra Way
San Bernardino, CA 92410
,
APPROVED - The necipient agency is approved to
order commodities for the following number of meals
per week:
VENDOR
NUMBER
USDA Agreement #06-63127-9
SIGNATURE OF AUTHORIZED STATE AGENCY REPRESENTATrvE
AGENCY
City of SAn Bernardino Parks, Recreation and
Community Services Dept.
~
SIGNATURE OF AUTI-lORIZED RECIPIENT AGENCY REPRESENTATIVE
DATE
DATE
~
STATe AGENCY
"C;:'
; Terms and Conditions
". ~
.-j:
,.
i
., .j.
1. Commodities will be requested and accepted only in such quantities
as can be properly stored and fully utilized without waste. Recipient
agencies are responsible fOr reporting all commodity losses, to the
state agency and may be held finanaaJly responsible for any misuse .
or loss, as well as any spoilage or contamination which results in the
~C?9~peing,unfitfo~.huTa~ ~!l!YT..PYs>,~:" ~~~ip(~!;! ~9~~,ges IT.1ay noL,., ~_"
order or accept commodities willch wIll result In more than a'six-
months supply. Under special circumstances the six-month storage
restriction may be extended with prior approval from the state agency.
-". 'If any commOdities"ailfon tiandWhichcannotbe 'efficiently utilized,-a'
report will be made to the state agency requesting disposition instruc-
-- - lions. ,-' ---....-'.--". --~_.~-,--" -., --,,-'-'.
.
" "'j ~ '\
... 2.... Commoditles received under this agreement will be used solely for the
benefit of those persons served or assisted by the recipient agency
and will not be otherwise disposed of without prior written approval of
the sta~ agency. Under no circumstances will USDA commodi-
tie. be.oId or tfaded. Normal food expenditures will notbe reduced
because of the receipt of commodities. Nli commodities will be
'processed commercially without the prior written consent of the state
agency. ..~.(
3. Recipientagencies shall ensure that storage facilities comply with all
required federal, state. and lor local health inspections aneVor approv-
als and that such inspection approvals are current. Facilities for the
proper handling, storing, and preparation of commodities requested
and accepted will be provided. The stata agenCy and the United States
-Department of Agriculture.are authorized to inspect the commodities
in storage and the facilities -or warehouses used in the handling or
storage of commodities at any reasonable time. ,:
4. Commodities received will be served in a common dining room
wherever possible, ancl there will be nO'distinction or segregation
whatever batHeen paying and nonpaying persons in the type of meals
served and the manner of serving.
.S. Containers with commercial resale value received with the commodi-
ties donated by the United States Department of Agriculture Will be
used by the recipient agency or sold and all proceeds deposited to the
account of the feeding program. If fire and/or theft insurance Is/are
carried and loss of, or damage to, commodities is suffered from these
causes, a claim for the full fair market value of such losses will be tiled
and a complete written report made to the state agency. All payments
received for such losses will be disposed of as instructed by the state
agency. Upon the happening of any event creating a claim in favor of
the recipient agency against ~ ,,!~ehouse, or other person, for the
".1~
'~fS
;-,
improper distribution or Joss of, or damage to, a commodity, the
. recipient agency will take all action necessary to obtain restitution. A
complete report will be made to the state agency, and instructions for
lhe final disposition of suell funds collected will be requeSted in Writing
from the state agency. ~,' ..;:j-\'::~'
" 6:~ BOoks and-recOrds' pertaining to"'the receipfan'd us'&f!lf&sinrhOdities
~U1 be kept for a period of not less than three (3) years from the ck,se
of the federal fiscal year to which they pertain and reports iurnished to
-----the state agency asrequired.- As a minimum, these-books and records
will contain the following: a) a record of all commodities. received,
... .._ including date and. quantity; .ilL an ioventory_.r_rq oLdQnated
commodities received and issued each month. In addition, an annual
_ . physical inventory shall be taken of the storage faaiily. and a recon.
ciliation shall be m~,de with the storage facility's monthly,. inventory
records. The reconciliation shall be kept on file by the agency which
contracted with or maintained the storage facility.
f ,.. ~.'
7. The recipient agency agrees to compile data, maintain records, and
submit reports and other program information as required. Offering
forms and delivery receipts mailed by the state agency will be promptly
completed and returned by the redpient agency: Invoices received
from the state agency for service and handling charges are due on
receipt of the oommoditie~ and are past due after 30 days. ,"esl.due.
invoices are grounds for suspension.
,j-)'
8. Either agency may lerminate this agraemenlby giving ffiirty (30) days
. notice in writing to the other party.. The state agency may cancel this
~greement immediately upon receipt of evidence that the terms and
conditions thereof have not bean fully complied with.. SUbject to such
_notice of termination or cancellation of the agreement, the recipient
agency agrees to comply with the instructions of the state agency,
either (a) to distribute all remaining inventories of the United States
Department of Agriculture commodities iry accordan_~ with the provi-
sions of this agreement; or (b) to return such inventories to the state
agency to record final dispOSition of such inventories.
The state agency reserves the right to discontinue immediately further
shipments of United States Department of Agriculture-donated foods
to any recipient agency which fails to comply with the general Intents
and purposes set forth in this agreement or any instructions issued
pursuant hereto. Eitherthe state agency orthe United States Depart-
ment of Agriculture, or both, shall have the right to take further actlon
through available means when considered necessary, including prose-
cunon under applicable state and federal statutes or other judicial
means of enforcement
R9t-54 (OOJ.-0093-91) 93303-300 1-92 2M