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"CITY OF SAN BERORDINO~ REQUESTOoR COUNCIL ACTION
From: Annie F. Ramos, Director
Subject: RESOLUTION AUTHORIZItIG AGREEMENT FOR
FOOD SERVICES HITH THE SAN BERNARDINO
UNIFIED SCHOOL DISTRICT FOR SUMMER
LUNCH PROGRAM.
Dept: Parks, Recreation & Community Servi ces
Date: May 10, 1990
Synopsis of Previous Council action:
Council authorized application to the United States Department of Agriculture
Food and Nutrition Service on May 7, 1990.
Council has approved similar agreements annually since 1975.
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Recommended motion:
Adopt Resolution.
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Signature
John A. Kramer
Phone:
5031
Contact penon:
Supporting data auached:
Staff Report & Resolution
Ward:
City-Wi de
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
(ACCT. NO.) No City Funds Involved
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Aaenda Item No.
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"CITY OF SAN BERCARDINO - REQUEST CDR COUNCIL ACTION
RESOLUTION AUTHORIZING AGREEMENT STAFF REPORT
FOR FOOD SERVICES WITH THE SAN
BERNARDINO UNIFIED SCHOOL DISTRICT
FOR SUMMER LUNCH PROGRAM.
The San Bernardino city Unified School District has served
as "Vendor" for city sponsored Summer Lunch Program since its
inception in 1975.
The ~greement submitted for council action is identical to
prev10us years agreements, excluding the areas of cost and
term of agreement dates.
Cost per lunch for 1989 was $1.64: this year's cost will be
$1.70, an increase of less than 3%.
This increase is a result of inflationary costs associated
with raw food items and transportation of meals. This year,
the department expects to serve over 75,000 meals in a 44 day
period. All costs for this program are covered by a USDA
grant and no city funds are involved.
May 10, 1990
75.0264
S~n Bernardino City ~fied School District
E. Neal Roberts, Ed.D., Superintendent
Harold 1. Boring, Ed.D., Assistant Superintendent. Administrative Services
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There's No Better Place To Learn
May 8, 1990
CITY OF SAN BERNARDINO
City Clerk
300 North "0" Street
San Bernardino, CA 92418
Re: Food Services Agreement for Summer city Youth
Activities Program
Ladies and Gentlemen:
Enclosed are four signed originals of the Food Services Agreement
for Summer city Youth Activities Program between the City of San
Bernardino and the San Bernardino City Unified School District.
This Agreement was approved by the Board of Education on May 1,
1990, as attested by the enclosed Certification of Minutes.
After Council aoproval and sianina bv the Mavor. please return
one oriainal to this office. Administrative Services. Attention:
Melinda A. Pure. Contract Specialist.
We wish you success again in the program this year.
:rer:Y~ .
~. Boring,
Assistant Super in dent
Administrative Services
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enclosures
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ADMINISTRATIVE SERVICES DIVI~~QN ,
1 11 :l
777 North F Street . San Bernardino, CA 92410 . (714)
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RESOWTION NO.
RESOWTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO
FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED
AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDI~O
UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A
LUNCHES TO CITY'S SUMMER 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 an agreement and 12 Point Amendment attached as
Attachment 2 of Agreement, with the San Bernardino Unified
School District relating to the delivery of Type A lunches to
City's summer lunch sites, a copy of which is attached
hereto, marked Exhibit
"A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common council of the City of
San Bernardino at a
meeting thereof, held on
, 1990, by the following
the
day of
vote, to wit:
AYES:
NAYS:
ABSENT:
city Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD
SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS
ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO
UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A
LUNCHES TO CITY'S SUMMER LUNCH SITES.
The foregoing resolution is hereby approved this
day of
, 1990.
9 W. R. Holcomb, Mayor
10 Approved as to form and legal content:
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V> 1. ~0>-rt..
Attorney
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May 10, 1990
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ORIGINAL
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SAN BERNARDXNO CXTY UNXPXED SCHOOL DXSTRXCT
777 North "F" street
San Bernardino, California 92410
POOD SERVXCBS -.GREBMEIl'l'
THIS AGREEMENT, made and entered into this 2nd day of May, 1990,
by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
hereinafter referred to as "DISTRICT, " and the CITY OF SAN
BERNARDINO, hereinafter referred to as "CITY,"
R E C I TAL S:
WHEREAS, the CITY desires to have lunches provided for minor
children who are taking part in the city Youth Activities Program:
and,
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WHEREAS, the DISTRICT has facilities for the preparation of the
needed lunches, and the DISTRICT is willing to provide such service
to the CITY,
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as
follows:
1. The term of this Agreement shall be from July 2, 1990
through August 31, 1990, inclusive.
2. The DISTRICT agrees to deliver to the CITY, each "service
day" during the term of this Agreement, said lunches in
a number specified by the CITY.
a.
A "service day" shall be every
exception of saturdays and sundays,
of this Agreement.
day with the
during the term
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Each lunch shall comply with Type "A" requirements
set by United States Department of Agriculture for
students' nutritional needs, and the contents of the
menus shall be agreed upon mutually.
c. The CITY shall call the DISTRICT preparation kitchen
before 2:00 p.m. of the service day preceding the
service day of the required service, indicating the
number of lunches needed. The DISTRICT shall
continue preparing the same number of lunches unless
CITY notifies the preparation kitchen as indicated
above.
b.
d. Lunches shall be packaged on a disposable tray
wrapped with clear plastic-type material.
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3. The CITY agrees to pay the DISTRICT $1.70 for each lunch
delivered to the CITY pursuant to this Agreement.
4. The DISTRICT shall deliver said lunches each service day,
at a mutually agreed upon time, to the CITY-authorized
sites as indicated in "Exhibit A," to be attached hereto
upon execution by the CITY, and made a part of this
Agreement.
S. The DISTRICT agrees to furnish all labor and vehicles
necessary to transport said lunches from the preparation
point to the authorized CITY sites.
6.
The CITY shall provide any and all labor necessary for
service of said lunches at designated sites, and the CITY
agrees to clean all reusable DISTRICT equipment and
utensils as soon as possible after food has been served.
Said clean equipment and utensils shall be returned to
the DISTRICT preparation kitchen before noon on the
service day following the service day it was delivered
to the CITY.
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7. The CITY shall provide any clerical or accounting
services needed for completing and filing State reports,
which may be required to entitle the DISTRICT or the CITY
to reimbursement from the State.
8. The CITY shall bear the sole responsibility for care of
all refrigerated perishable food items after they have
been delivered to the sites until the time of
consumption.
9. The amount of milk or food needed for the preparation of
said lunches shall be arranged by the DISTRICT at the
time adjustments for number of said lunches are made.
The CITY shall not participate in the ordering of food
or milk needed to prepare said lunches.
t 10. The DISTRICT shall bill CITY monthly and billing will
include all transactions through the close of business
on the last service day of the month. CITY shall
promptly pay said bills.
11. The CITY agrees to bear the cost of any losses resulting
from theft or improper storage once the lunches are
delivered to the CITY. The CITY further agrees that once
the lunches have been delivered to authorized CITY
personnel, the CITY assumes the responsibility to dispose
of such and return no food items. CITY shall not be
entitled to any credit for over-ordering of lunch orders.
12. The CITY agrees to indemnify and hold harmless DISTRICT
and its departments, agents, officers, and employees for
any and all liability arising out of the performance of
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this Agreement. Said indemnification shall include, but
not be limited to: any liability resulting from defective
or spoiled food once the food has been delivered to the
CITY: any liability for any injury to CITY personnel or
persons under CITY direction or control, in or about
DISTRICT premises: any liability caused by any error,
omission, or act of CITY or of any person employed by
CITY or of any others for whose acts CITY is legally
liable. Said indemnification shall include, in the event
of legal action: court costs: expenses of litigation:
reasonable attorney's fees: and any and all sums awarded
by a court of competent jurisdiction, including punitive
damages, or accepted in a settlement agreement. The only
exception to this indemnification agreement is that
DISTRICT agrees that it will not be indemnified for
injuries to DISTRICT personnel which occur while DISTRICT
personnel are performing pursuant to this Agreement or
for injury to anyone arising out of a negligent act of
the DISTRICT.
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13. This Agreement may be cancelled by either party, by
giving fourteen (14) days' prior written notice to the
other party.
14. All notices, invoices, and other correspondence may be
given by united States mail to the following addresses:
DISTRICT
San Bernardino City Unified
School District
Assistant Superintendent
Administrative Services
777 North "F" Street
San Bernardino, CA 92410
15. This Agreement shall not be assignable, but may be
amended by the mutual written consent of both parties.
CITY
city of San Bernardino
City Clerk
300 North "D" Street
San Bernardino, CA 92418
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year first above written.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
CITY DISTRICT
W. R. HOLCOMB
Mayor
OLD L. BORING,
Assistant superintendent
Administrative Services
Date:
Date:
.. 18 1991
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ORIGINAL
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12 POINT A~~~~ 'I:<> FOOD SERVlQ: AGREEMENT
$ D SERVICE PROGRAM
The contract between City of San Bernardin~Sponsor) with offices at 300 N. "n" St. ,Say Bernar-
hereinafter called --rile Sponsor", and SBcusn . (Vendor) hereinafter called "The dino
Vendor", executed by the parties thereto on Mil)' 7 , 1m, isheteby amended to
provide the following:
I. The sponsor shall provide to the food service management company a list of State
agency approved food service sites, along with the approved level for the number of
meals which may be claimed for reimbursement for each site and shall notify the food
service management company of all liteS which have been approved, cancelled, or
terminated subsequent to the submission of the initial approved site list and of any
changes in the approved level of meal service for a lite. Such notification shall be
provided within the time limits mutually qreed upon in the contract;
.2. The food service management company shall maintain such records (supported by
invoices, receipts, or other evidence) as the sponsor will Deed to meet its ·
responsibilities under this part and shall report to the sponsor promptly at the end of
each month, at the JI'I;n;mUm;
3. The food service management company shall have State or local health certification
for the facility in which it proposes to prepare meals for use in the Program, and it
sball ensure that health and sanitation requirements are met at all times. In addition,
the food service management company shall provide for meals which it prepares to
be periodically inspected by the local health department or an independent agency
to determine bacteria levels in the meals being served. These levels shall conform to
the standards which are applied by the local health authority with respect to the level
of bacteria which may be present in meals served by other food service establishments
in the locality. Results of the inspections shall be submitted to the sponsor and to the
State agency;
*4. The meals served under the contract shall conform to the cycle menus and meal
quality standards and food .specifications approved by the State agency and upon
which the bid was based, if applicable; i
*5.
The books and records of the food service management company pertaining to the
sponsor's food service operation shall be available for inspection and audit by
representatives of the State agency, the Department, and the U.s. General Accounting
Office at any reasonable time and place for a period of three (3) years from the date
of receipt of final payment under the contract;
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6. The sponsor and the food service management company shall operate in accordance
with current Program regulations.
7. The food service management company shall be paid by the sponsor for all meals
delivered in accordance with the contact and this part. However, neither the
Department nor the State agency assumes any liability for payment of differences
between the number of meals delivered/prepared by the food service management
company and the number of meals served by the sponsor that are eligible for
reimbursement;
*S. Meals shall be delivered in accordance with a delivery schedule prescribed in the
contract;
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Increases and decreases in the number of meals ordered shall be made by the sponsor.
as needed, within a prior notice period mutually agreed upon;
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10. All meals delivered/prepared under the Program shall meet the "Meal Service
Requirements" section of the current Program regulation;
11. In cases of nonperformance or noncompliance on the part of the food service
management company. the company shall pay the sponsor for any excess costs the
sponsor inCUR by obtaining meals from another source.
12. The food service management companies shall submit all costs incurred pertaining to
_ the sponsor's food service operation in sufficient time to allow the SponsOR to prepare
and submit the claim for reimbunement to meet the 60 clay submission deadline.
Type(s) of meal service
Price per meal
"A" Component Lunch
$1. 70
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Period covered by
contract/agreement
Estimated Totll of
contraCt/agreement
Julv 2. 1990 throu2h A1l2Ust 31. 1990
1800 Mea s er da
endor Repres n
BORING, Ed.D.
Superintendent, Admin.
MAY 0 8 1990
Service
DATE:
Au orized
HAROLD L.
Aasistant
DATE:
Authorized Sponsor Representative
_ These items may be deleted by Upward Boundaild National Youth Sports Programs which use a
college cafeteria setting to provide meals under the SFSP.
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