HomeMy WebLinkAbout1990-221
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RESOLUTION NO. 90-221
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 AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JULY
2, 1990 THROUGH AUGUST 31, 1990.
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
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 Service Program
for Children during the period July, 2, 1990 through August 31,
1990 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 resolu-
tion.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Ber
nardino at a requldr
meeting thereof, held on the
18th
day of
1990, by the following vote, to wit:
June
IIIII
IIIII
5/24/90
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Reso re: Summer Food Service Program for Children,
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COUNCIL MEMBERS:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
ABSTAIN
NAYS
x
x
x
x
x
x
x
~/Z~~$
city Clerk
The foregoing resolution is hereby approved this ~~~
15 day of
June
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Approved as to form
and legal content:
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James F. Penman,
C';jttorneY
/}
B~: ,,-?;fi<-)t,}~
5/24/90
, 1990.
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; AGREEMENT FOR DISTRIBUTION OF
DONATED FOOD - INSTITUTION
OFD - 1038 (8188) :::t:;::~i:;:~~~:::f;:::~jf:t4Jm~~~t~%~~r~~~:g;~,~:t
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Return \0: CALIFORNIA STATE DEPARTMENT OF EDUCATION VENDOR NO. FDS. COOE NO.
Food Distribution Sec:1ion ;-,I / 3~ 0<"- 3" - t;- '1-
P.O. Box 944272
SacramenlD, CA 94244-2720
The applicant agency iden@edbelow, hereinafter called the rllC/plsnt agency. hereby makes application for oommodities
donated by the Agricu~ure Marketing Service, U.S. Department of Agricu~ure, to the California State Department of
Education, hereinafter called the sr.r. Agency, for use and dispos~lon In aooordance w~ 1ha Terms and Conclnions
appearing on the reverse side hereof, which by reference are IIICXlrporated herein.
R.U. NAME OF fECPENT N3E.HCV .
San Rpr P~I""" II..---,Hnn ,n..! -
MAJlN'J A[X)RESS fBtrNt.1DCAit 01_""'" CITY D' COUN1Y
547 North Sierra Way San Berna rd i no 92401 San Berna rd i no
1. Has recipientegency epplied lor donated food under anolhar name? DYes Kl No ('')'81", pIe.-,.- on _... _..".,-
. tl_~ prlt>r appicatlom. ..nnholilm, OIt:.J
2a. Recipient agency is: [XJ A tax-supported agency o A private. nonprofit agency and is operating a nonprofil1eeding program
2b. Type of institution operating the non-profil teeding program: (Check ~ appropriate I8SporISS)
(~J Type it Type NJ Type NJ Type
(6) Home for Ihe needy aged (10) Summer camp for children high ,
(1) Hospital (5) Aduh RehabWlalion I
_ age and undo< (May ,
m "'-" SeplBrOOerA located at
(2) Norveaidanl child care . SlBte IXJI1'8Ction8I inlti- (7) Nutri1ion program for 1he
cenlOr(Sonice _.-.oj ,,*,n oIder1y
(3) Aduh drug and/or aJcohol 18) Malon or IlIIChan for ("l HornaIorIheDo_""'Y
rehabititation center . Cityta>UIIty jaH _ing needy I'omolaas Disablod
(.) ..lIvenile rehabilitation . Pf'8felease centerS! X (9) SuIM18f Food SarvIce (12) Otha< (Speri/y)
home _ay houae Program lor d1iIdran
- AGREEMENT CERTIFICATION - - STATE AGENCY APPROVAL -
J. the agent authorized by the go""ming board of tho recipient agency (or This application when approved by the State Agency shall constitute an
by the chief administrative oHicer of B recipient agency which has no agreement which shall remain in full force and effect until written notice
governing board) to enter into this agreement, certify that the information /0 the conlTBry is gi""n as provided ;, Paragraph 8 of /he Terms and
presented ;s accurate and agrees to the Terms and Conditions of this Conditions on the reverse side of this form.
agreement. as they arB presented on the reverse side of this form.
NAME OF RECIPIENT AGENCY FOR OFFICE USE ONL Y
San Bernardino Parks Rec. & Cornm Svc"
PRINTED OR TYPED NAME OF AUTHORlZED /NT AGENCY REPRESENT" lIVE APPROVED - The Recipient Agency is ap- I 71; lOt) I
proved to order commodities for !he lol10"1II9
W. R. Holcomb meals .par Bsll:
5~NATU/2uncR~D ~CIP~lG<.cY REPRESENTATIVE SIGNATURE OF ALTTHORIZEDSTATEAGENCY DA"
. . /#, /?/ v'Z.--;/ ~SEN~:VE~ 7~~"
TITLE t(e Ci tJ of ,
Mayor of San Bernardino
TELEPHONE NO. DA" Y:7'M L 7~Wi> h..~ 1).;11/7U
( 714 ) 384-5231
r/v"..~r:R fR.y ~. /14
U$. D.
Terms and Conditions
1. Commodities will be requested and accepted only in such quantities
as can and will be fully utilized without waste. Any agency request-
ing and accepting commodities in such quantities that cannot be
consumed in six month penod may be held financially responsible for
any spoilage or contGmination which results in the foods being unfit
for human consumption. Under special circumstances the six month
storage restriction may be extended with prior approval from the state
agency. If any commodities are on tland which cannot be efficiently
utilized, a report will be made to the state agency, requesting
disposition instructions.
2. Commodities 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 ot without prior written
approval of the slate agency. Under no circumstances wlfl USDA
commodities be sold or traded, Norma! food expenditures will not
be reduced because of the receipt of commodities. No commodities
will be processed commercially without the priorwrinen consent of the
state agency.
3. Recipient agencies shall ensure that storage facilities comply with all
required Federal, State and lor local health inspections and/or ap-
provals and that such inspection approvals are current. Facilities lor
the proper handling, storing and prep8.ralion of commodities re~
quested and accepted will be provided. The state 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 wi!! hI':' c;f"VPc! ir: ;j wmmon dining room
wherever possible, and there ....-111 be no distinction or segregation
whatever between pal;;nn 8nrl 'lnnn;'1vinC! (l'lrSOns in fne type of meals
served and the mannl.:1 01 serVing.
5. Containers with comme..Clal resale v<.I>Jl1l'.:JC<Jiveo With the commOdl~
ties donated by the Un;li~d States Department of Agriculture will be
used by the recipient agency or said and all proceeds deposited to the
account of the feeding program. If fire and/or then insurance is/are
carried and loss of, ordamage to. commooitips is suffered from these
causes, a claim for the full :wr marKet value 01 such losses WIIi be filed
and a complete written report rnarle to :hf' s1818 agency. All payments
received for such losses will be dISpOS8(i ot as Instructed by the stale
agency. Upon the happening of any event creating a claim in favor of
the recipient agency against a warehouse, or other person, for the
improper distribution or loss aI, or damage to, a commodIty, the
recipient agency will take all action necessary to obtain restitution. A
L
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complete report will be made to the state agency and instructions for
the final disposition of such funds collected will be requested in writing
from the state agency.
6. Books and records pertaining to the receipt and use of commed:.
will be kept for a period of not less than three (3) years from the clo,
of the federal fiscal year to which they pertain and reports furnishec
to the state agency as required. As a minimum, these books and
records will contain the following: a) a record of all commodities
received, including date and quantity; b) an inventory record of
donated commodities received and issued each month In addition ar
annual physical inventory shall be taken of the storage facility and c:
reconciliation shall be made with the storage facility's monthly invsn
tory records and that the reconciliation shall be kept on file by thl'
agency which contracted with or maintained the storage facility.
7. The recipient agency agrees to compile data, maintain record:
submit reports and other program information as required. Otferir. '!
forms and delivery receipts mailed by the state agency will ~,,_'
promptly completed and returned by the redpient agency. lnvoius
received from the state agency for service and handling charges :,.,e
due on receipt of the commodities and are past due after 30 d-
Past-due invoices are grounds for suspension.
8. Either aQoncy may terminate this agreement by giving thirty (30) L
notice in writing to the other party. The state agency may cancel
agreement immediately upon receipt of evidence that the terms <;
conditions thereof have not been fully complied with. Subject to SUI"
notice of termination or cancellation of the agreement, the recipic(
agency agrees to comply with the instructions of the state agenc:r
<>ither (a) to distribute all remaining inventories of the United Stale'
Department of Agriculture commodities in accordance with the provi
sions of this agreement; or (b) to retum such inventories to the state
agency to record final disposition of such inventories.
The state agency reserves tn-.; right to discontinue immediately
further shipments of United States Department of Agriculture donated
loads to any recipient agen. ~ ~.:.i:5 to comply with the general
intents and purposes set forth in this agreement or any instructions
ISSued pursuant hereto. Either the state agency or the United States
Department of Agriculture, or both, shall have the right to take further
action through available means when considered necessary, includ-
ing prosecution under applicable state and federal statutes or other
judicial means of enforcement
.
SOUTH
CALIFORNIA STATE DEPARTMENT OF EDUCATION
Bill HonIg
721 Capitol Mall
Sacramento, CA 95814-4785
Superintendent
TO:
of Public Instruclion
RECEIVED
MAY 21 1990
All Sponsors Participating In The PK" REC. & r..OMM. SVC.
Summer Food Service Program for Children
S. M. Delano, Administrator (}J~1 [~rl~^rf
Food Distribution section ~. /1. ~,.v
USDA DONATED FOOD OFFERING FOR THE
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
May 18, 1990
FROM:
SUBJECT:
The Food Distribution Section has been advised by the united
States Department of Agriculture (USDA) that your agency is a
potential sponsor for the Summer Food Service Program for
Children (SFSPC).
The attached SFSPC offering package is being forwarded to you
to expedite your order in advance of USDA approval of your
application. Note that the agreement and food offering forms
should be completed, signed, and returned by sponsoring
agencies even though they may have food prepared by an eligible
recipient agency.
The offering package includes:
1. AGREEMENT FOR DISTRIBUTION OF DONATED FOOD -
two copies of this form (no carbon required)
should be returned to the address at the top
of the form. Please use typewriter or press
firmly with pen to complete this form.
2. CERTIFICATION OF NONPARTICIPATION IN THE SUMMER
CAMP PROGRAM FORM - complete and return this
form to the Distribution Center at the top of
the certification form.
3. FOOD OFFERING FORM - complete and send to the
address of the Distribution Center at the top
of the form.
4. INSTRUCTIONS:
How to Order Commodities
Shipping Information
Ending Inventory Report and Return of Unused
Commodities
5. ENDING INVENTORY REPORT FOR SUMMER FOOD SERVICE
PROGRAM - complete at the close of the program
and send to address at the top of the form.
(over)
Page 2
Summer Food Service Program sponsors
May 18, 1990
When the Food Distribution section receives notification from
USDA that your application has been approved and has your
completed "Agreement for Distribution of Donated Food" on file,
the Distribution Center will be notified. The Distribution
Center will then prepare and ship your commodities in
accordance with the instructions you indicate on the food
offering order.
If vou plan to pick UP vour commodities at the Distribution
Center. -three-davs notice must be aiven. There will be no
pickup of commodities on a drop-in basis.
Note the following regulations regarding the receipt of donated
commodities:
1. Schools can receive commodities, and one school
~ prepare meals for another school.
2. A private nonprofit sponsor is eligible to
receive commodities provided the sponsor has
an on-site cooking program or contracts with
a school or school district to prepare its
meals.
3. No sponsor is eligible to receive donated
commodities if the sponsor intends to contract
with a private vendor or company to have its
meals prepared.
If you should have any questions, please contact Myrl Pardee,
Program Management Unit, at (916) 323-7192.
SMD:SR:cw
attachments
DSFSPC
OFDjC-F-032
State Department of Education
Child Nutrition and Food Distribution Division
Panona Distribution Center
2550 Fulton Road
Panona, CA 91767-2176
(714) 596-7777
CERTIFICATION OF NONPARTICIPATION
IN THE Sl>>lER CAMP PROGRAM
THIS CERTIFICATION FORM KJST BE lXMPLETED AND RETURNED WITH
J YOUR Sl>>lER FOOD SERVICE PROGRAM FOR CHILDREN OFFERING. I
I~ERS WILL Nar BE FILLED WITHOTJr THIS CERTIFICATION ON FH.F.. I
,
CERTIFICATION OF lXMPLIANCE ,
I am aware that'my organization is prohibited from participating in both the
Sulllner Food Service Program for Children (SFSPC) and the Summer Camp Pl'OQldlIl
at the same time.
This is to certify that City of San Bernardino
(Recipient Agency)
participate as a sponsor in the 1990 Summer Camp Program.
will not
I Name of Authorized Representative
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w. R. Holcomb
(Print or Type)
Mayor of the City of San Bernardino
Date I Telephone
May 24, 1990 I (714 )
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384-5030
OFD/C-F-D3~
- 3 -
State Department of Education
Child Nutrition and Food Distribution Division
Pomona Distribution Center
2550 Fulton Road
Pomona, CA 91767-2176
(714) 596-7777
HOW TO ORDER COMMODITIES
Please make sure that you have completed the following items on the attached
offering form before returning your order:
A. Average number of children taking meals daily.
B. Are one, two, three or four meals/snacks served each day?
C. Number of days Summer Food Service Program for Children will
operate.
D. Opening date of Summer Program.
The commodity factor on the attached offering indicates the rate of distribution for
your total meals for your entire Summer Program. For instance, one case of butter
prints is allowed for each 650 meals.
To determine the amount of a commodity your Summer Program is eligible to
receive, multiply the average number of children taking meals daily (Item A above)
by the number of meals served daily (Item B above) by the number of days your
Summer Program will operate (Item C above) and divide by the commodity factor
indicated on the offering form (Column J). Enter this figure for your Summer
Program in Column 2 on the offering form. For example, a Summer Program having
350 children taking three meals daily for thirty days would be eligible for forty-eight
cases of butter prints (350 x 3 x 30 = 31,500 divided by 650 = 48). Fractions of
one-half (112) or more may be carried out to the next whole number. A Summer
Program feeding fewer meals than indicated by the figure in the commodity factor
column may order a maximum of one case of the commodity. It is not necessary to
order the maximum amount. Order only what can be used without waste during your
Summer Program period (Column 3).
NOTE:
ALL COMMODITIES LEFTOVER AT THE END OF THE
SUlvlMER PROGRAM ARE TO BE RETURNED TO OUR
DISTRIBUTION CENTER AT YOUR EXPENSE, WITHIN
FIFfEE1\' DAYS AFfER THE CLOSE OF YOUR SUMMER
PROGRAM. PLEASE CALL (714) 5<)(,-7777 AT LEAST
4S HOURS BEFORE RETlJRI\'ING ANY COMMODITIES.
OFD/C-F-033
- 4 -
SHIPPING INFORMATION
We are requesting that you inform us of the opening date of your Summer Food Service Program
for Children in order that commodities may be shipped at the proper time. Deliveries will not be
made earlier than three weeks before the opening date.
The Distribution Center will deliver commodities onlv to the citv in which administrative
headquarters are located. In designating the shipping address, consideration should be given to the
personnel facilities which can be made available for accepting delivery of commodities and
arrangement for adequate storage including refrigeration and freezer space until they can be
transferred to the Summer Program. BE SURE TO HAVE SOMEONE AVAILABLE TO
ACCEPT DELIVERY.
If you prefer, YOU MAY PICK UP your order. The recommended time for pickup of your food
order at the Distribution Center is Monday through Friday, between 7:30 a.m. to 2:00 p.m.
Commodities are stored at various sites so it is highly recommended that you pick up the food
order as early as possible to allow for driving time between these sites. If you plan to pick up
your order, please indicate this information on the offering form in the space provided for shipping
address.
ENDING INVENTORY REPORT AND RETURN OF UNUSED COMMODITIES
FOLLOWING THE CLOSE OF YOUR SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
An Ending Inventory Rcport must be forwarded to the Distribution Center at the address shown
on top of the form (within five days) after the close of your Summer Program. Any commodities
remaining on hand must be returned to the Distribution Center, at your expense within fifteen days
following the close of your Summer Program.
Care should be taken for proper handling of commodities. Proper storage, including freezer
storage if necessary, and protecting the food during its return to the Distribution Center are
required.
Please be sure that all personnel involved with the storage and handling of donated commodities
are aware of these requirements, for any food losses that are caused by improper handling on
your part will, of necessity, have to be paid for at full fair market value.
- 5 -
State Department of Education
Child Nutrition and Food Distribution Division
Pomona Distribution Center
2550 Fulton Road
Pomona, CA 91767-2176
(714) 596-7777
StJlIf.1ER FOOD SERVICE PROGRAM FOR CHILDREN
ENDING INVENTORY REPORT
Name of Summer Site
IName of Sponsor (as shown on your agreement)
I
Ci ty County Zip
Headquarters Address
Food Location Address
Modling Address
City
County
Zip
INSTRUCTIONS: Please complete this report and return it to the above address
within five days after the close of your smnmer prOgram. IF NO USDA
CCJt.MJDITIES REMAIN, SO INDICATE, but this report must be returned in any case.
All USDA canmodities remaining on hand must be returned to this agency at your
expense within fifteen days after that close of your summer program. Please
call (714) 596-7777 at least 48 hours before returning any commodities.
Camnodi tv
Size/ Qty on Hand I Date or I Condi tion I
Pack (Full-<:ases) Contract # Good or Unusable I Comments
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NOTE: Failure to return the Ending Inventory Report form will result in your
agency being out of compliance with Federal Regulations, and this
office will be forced to assess your agency the full fair market value
for all camnodities received.
Signature
>
ITitle
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Name
OFO/C-F-020 4/89 OSFSPC
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