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. CI'O OF SAN BBRNARDIQO - RBQUOT FOR COUNCI~()oN
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From: Annie F. Ramos, Director RfC'O.-ADMIH. d;!'r!ect:
Dept: Parks, Recreation & commu~~~c~ I~ 17
Date: May 15, 1989
RESOLUTION AUTHORIZING AGREEMENT FOR
FOOD SERVICES WITH THE SAN BERNARDINO
UNIFIED SCHOOL DISTRICT FOR SUMMER
LUNCH PROGRAM.
Synopsis of Previous Council action:
Council authorized application to the United States Department of Agriculture
Food and Nutrition Service on May 15, 1989.
Council has approved similar agreements annually since 1975.
Recommended motion:
Adopt the Resolution.
tL~. =~
ignature
Contact person: John A. Kramer
Supporting data attached: Staff Report & Resolution
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.l N/A No City Funds Involved
Phone:
5031
Ward:
City Wide
(Acct. DescriDtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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CIT~ OF SAN BERNARDltj,O - REQUE!5,T FOR COUNCIL ACT.I,ON
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RESOLUTION AUTHORIZING AGREEMENT FOR STAFF REPORT
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 agreement submitted for council action is identical to previous years
agreements, excluding the areas of cost and term of agreement dates.
Cost per lunch for 1988 was $1.59; this year's cost will be $1.64, an increase
of less than 3 percent. This increase is a result of inflationary increases.
The department expects to serve over 79,000 meals to needy children of the greater
San 8ernardino area. All costs for this program are covered by a U.S.D.A. grant
and no city funds are involved.
Justification for Supplemental Agenda -June 5, 1989:
The Summer Food Service for Children Program application has been submitted, however,
the United States Department of Agriculture requires a vendor contract before final
approval of the program application.
May 15, 1989
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMEM~~ THf 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD
SERVICE" ~TS SUMMER FOOD SERVICE PROGRA~, ATTACHED AS ATTACHMENT 2 OF
TH[,A T. WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE
DEbiVERY' TVPEA 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 CODY of ~Ihich 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 adol)ted' bi>the
'"
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
1989, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Th'~f~regotng resolution is hereby approved this
City Clerk
day of
, 1989.
~. HOLCOMB
Mayor of the City of San Bernardino
Approved as to form
and legal content:
(r~1f/'~J/.. ~
C it A torne
5/16/89
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ORiGIN2.
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San Bernardino City Unified School District
777 North 'F' Street
San Bernardino, California 92410
FOOD SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of May, 1989, by and
between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter
referred to as "DISTRICT", and the CITY OF SAN BERNARDINO, a municipal
corporation of the State of California, hereinafter referred to as
"CITY".
R E C I TAL S:
WHEREAS, CITY desires to have lunches provided for minor children who
are taking part in the City Youth Activities Program; and,
WHEREAS, DISTRICT has facilities for the preparation of the needed
lunches, and DISTRICT is willing to provide such service to CITY,
NOW, THEREFORE, the parties hereto agree as follows:
1. DISTRICT agrees to deliver to CITY said lunches each day
during the term of this Agreement, with the exception of
Saturdays, Sundays and holidays, in a number specified
by CITY. Each lunch shall comply with Type "A" require-
ments set by United States Department of Agriculture for
students' nutritional needs, and the contents of the menus
shall be agreed upon mutually.
CITY shall call the preparation DISTRICT Kitchen before
2:00 p.m. of the day preceding the day of the required
service indicating the number of lunches needed. DISTRICT
shall continue preparing the same number of lunches unless
CITY notifies the preparation kitchen as indicated above.
Lunches shall be packaged on a disposable tray wrapped
with clear plastic-type material.
2. CITY agrees to pay the DISTRICT $1.64 for each lunch
delivered to CITY pursuant to this Agreement.
3. The term of this Agreement shall be from July 3, 1989
through August 31, 1989, inclusive.
4. DISTRICT shall deliver said lunches daily, at a mutually
agreed upon time, to CITY-authorized sites as indicated
in Exhibit A, attached hereto and made a part of this
Agreement. Said delivery to be made by DISTRICT personnel.
5. DISTRICT agrees to furnish all labor and vehicles necessary
to transport said lunches from the preparation point to
the authorized CITY sites.
6. CITY shall provide any and all labor necessary for service
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of said lunches at designated sites, and CITY agrees to clean
all reusable DISTRICT equipment and utensils as soon as
possible after food has been served, and prior to its return
to the DISTRICT preparation facility before noon on the day
following the day it was delivered to CITY.
7. CITY shall provide any clerical or accounting services needed
for filing State reports, which may be required to entitle
DISTRICT or CITY to reimbursement from the State.
8. 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 said lunches are made. The CITY shall not
participate in the ordering of food or milk needed to prepare
said lunches.
10. DISTRICT shall bill CITY monthly and billing will include
all transactions through the close of business on the last
day of the month. CITY shall promptly pay said bills.
11. CITY agrees to bear the cost of any losses resulting from
theft or improper storage once the lunches are delivered
to CITY. CITY further agrees that once the lunches have
been delivered to authorized CITY personnel, CITY assumes
the responsibility to dispose of such and return no food
items. CITY shall not be entitled to any credit for
overordering of lunch orders.
12. CITY agrees to indemnify and hold harmless DISTRICT for any
and all liability arising out of the performance of 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 CITY and
any injury to CITY personnel in or about the premises of
DISTRICT. 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 School District.
13. This Agreement may be cancelled by either party by giving
seven (7) days' prior written notice to the other party,
and said notices may be given by United States mail to the
addresses listed below:
CITY
DISTRICT
City of San Bernardino
City Clerk
San Bernardino City Unified
School District
o
o
o
o
.
300 North 'D' Street
San Bernardino, Ca 92418
Assistant Superintendent
Administrative Services
777 North 'F' Street
San Bernardino, Ca 92410
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year set forth below.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
:il..!ii~
HAROLD L. BORI Ed.D.
Assistant Super ntendent
Administrative Services
Date:
Date: u~y 15 lQ*9
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ATTACHMENT 2
12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT
SUHMER FOOD SERVICE PROGRAM
The contract between THE CTTY OF SAN BERNARDINO
offices at 300 North D Street. San Bernarding hereinafter
and THE SAN BERNARDTNO IINTFTEn SCHOOL nTSTRTCT , (Vendor)
"The Vendor", executed by the parties thereto on Mav 16
18 hereby amended to provide the following:
(Sponsor) with
called -The Sponsor",
hereinafter oalled
. 1989,
1. The sponsor shall provide to the food servioe management oompany a list
of State agency approved food service sites, along with the approved
level for the number of meals whioh may be olaimed for reimbursement for
each site and shall notify the food service management company of all
sites whioh have been approved, oancelled, or terminated subsequent to
the submision of the initial approved site list and of any changes to the
submission of the initial approved site list and of any changes in the
approved level of meal service for a site. Such notification shall be
proVided within the time limits mutually agreed upon in the oontract;
*2. The food servioe management company shall maintain such record s
(supported by invoices, reoeipts, or otber evidence) as the sponsor will
need to meet its responsibilities under this part and shall report to the
sponsor promptly at the end of each month, at a minimum;
3. Tbe food service management oompany sball have State or local bealth
oertification for the faCility in which it proposes to prepare meals for
use in tbe Program, and it shall ensure that bealth and sanitation
requirements are met at all times. In addition, the food service
management oompany shall provide for meals whioh it prepares to be
periodioally 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 looal
health authority with respect to the level of bacteria which may be
present in .eals served by other food serive establishments in tbe
locality. Results of the inspections shall be submitted to the sponsor
and to the State agency;
*4. The meals served under the oontract shall conform to the cycle menus and
meal quality standards and food specifications approved by tbe State
agency and upon which the bid was based, if applicable;
*5. The books and reoords 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 Acoounting Offioe at any reasonable time and place for a
period of three (3) years from the date of reoeipt of final payment under
the oontraotj
Q
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(Amendmept to Food Service
o
Agreement)
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Page 2 of 2
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 contract 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;
*8. Heals shall be delivered in accordance with a delivery schedule
prescribed in the contract;
*9. 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;
10. All meals delivered/prepared under the Program shall meet the "Meal
Service Requirements" section of the current Progra~ regulations;
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 incurs by obtaining meals from another source.
12. The food service management companies shall submi t all costs incurred
pertaining to the spons~r's food service operation in sufficient time to
allow the sponsors to prepare and submit the claim for reimbursement to
meet the 60 day submission deadline.
Type(s) of meal service
A
Price per meal
$1. 64
Period covered by contact/agreement
L-3-89 through 8-31-89
Estimated Total of contract/agreement
1800 meals per day __
Authorized Sponsor Representative
Authorized Vendor Re resentative
HAROLD L. BORING,
Assistant Superintendent
Administrative Services
DATE:
DATE:
· These items may be deleted by Upward Bound and National Youth Sports
Programs which use a college cafeteria setting to. provide meals under
the SFSP.
Revised 1988
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ORIGIN,Q
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San Bernardino City Unified School District
777 North 'F' Street
San Bernardino, California 92410
FOOD SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of May, 1989, by and
between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter
referred to as "DISTRICT", and the CITY OF SAN BERNARDINO, a municipal
corporation of the State of California, hereinafter referred to as
"CITY".
R E C I TAL S:
WHEREAS, CITY desires to have lunches provided for minor children who
are taking part in the City Youth Activities Program; and,
WHEREAS, DISTRICT has facilities for the preparation of the needed
lunches, and DISTRICT is willing to provide such service to CITY,
NOW, THEREFORE, the parties hereto agree as follows:
1. DISTRICT agrees to deliver to CITY said lunches each day
during the term of this Agreement, with the exception of
Saturdays, Sundays and holidays, in a number specified
by CITY. Each lunch shall comply with Type "A" require-
ments set by United States Department of Agriculture for
students' nutritional needs, and the contents of the menus
shall be agreed upon mutually.
CITY shall call the preparation DISTRICT Kitchen before
2:00 p.m. of the day preceding the day of the required
service indicating the number of lunches needed. DISTRICT
shall continue preparing the same number of lunches unless
CITY notifies the preparation kitchen as indicated above.
Lunches shall be packaged on a disposable tray wrapped
with clear plastic-type material.
2. CITY agrees to pay the DISTRICT $1.64 for each lunch
delivered to CITY pursuant to this Agreement.
3. The term of this Agreement shall be from July 3, 1989
through August 31, 1989, inclusive.
4. DISTRICT shall deliver said lunches daily, at a mutually
agreed upon time, to CITY-authorized sites as indicated
in Exhibit A, attached hereto and made a part of this
Agreement. Said delivery to be made by DISTRICT personnel.
5. DISTRICT agrees to furnish all labor and vehicles necessary
to transport said lunches from the preparation point to
the authorized CITY sites.
6. CITY shall provide any and all labor necessary for service
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of said lunches at designated sites, and CITY agrees to clean
all reusable DISTRICT equipment and utensils as soon as
possible after food has been served, and prior to its return
to the DISTRICT preparation facility before noon on the day
following the day it was delivered to CITY.
7. CITY shall provide any clerical or accounting services needed
for filing State reports, which may be required to entitle
DISTRICT or CITY to reimbursement from the State.
8. 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 said lunches are made. The CITY shall not
participate in the ordering of food or milk needed to prepare
said lunches.
10. DISTRICT shall bill CITY monthly and billing will include
all transactions through the close of business on the last
day of the month. CITY shall promptly pay said bills.
11. CITY agrees to bear the cost of any losses resulting from
theft or improper storage once the lunches are delivered
to CITY. CITY further agrees that once the lunches have
been delivered to authorized CITY personnel, CITY assumes
the responsibility to dispose of such and return no food
items. CITY shall not be entitled to any credit for
overordering of lunch orders.
12. CITY agrees to indemnify and hold harmless DISTRICT for any
and all liability arising out of the performance of 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 CITY and
any injury to CITY personnel in or about the premises of
DISTRICT. 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 School District.
13. This Agreement may be cancelled by either party by giving
seven (7) days' prior written notice to the other party,
and said notices may be given by United States mail to the
addresses listed below:
CITY
DISTRICT
City of San Bernardino
City Clerk
San Bernardino City Unified
School District
o
o
.
300 North 'D' Street
San Bernardino, Ca 92418
o
o
Assistant Superintendent
Administrative Services
777 North 'F' Street
San Bernatdino, Ca 92410
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year set forth below.
CITY OF SAN BERNARDINO
Date:
APPROVED AS TO FORM
AND LEGAL CONTENT.
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
~
HAROLD L. BORI Ed.D.
Assistant Super ntendent
Administrative Services
Date:
f 1~"~
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ATTACHMENT 2
12 POIIT AMENDMENT TO FOOD SERVICE AGREEMENT
SUHMER FOOD SERVICE PROGRAM
The ~ontract between THE CITY OF SAN BERNARDINO
otfices at 300 North D Street. San Bernarding hereinafter
~ THF. ~AN RF.RNARDTNO lmTFTFn ~r.Hnnt. nT~TRTCT ,CV.Ddor)
WThe Vendora, exeouted by the parties thereto on Mav 16
18 hereby aaended to provide the tollowing:
(Sponsor) with
oalled "The Sponsor",
hereinafter oalled
. 198~,
1. The sponsor shall prOVide to the food service aanagement company a list
of State agency approved food servioe sites, along with the approved
level tor the number of meals which aay be claimed tor reimbursement for
each si te and shall notify the tood service management company of all
sites which have been approved, cancelled, or tel'lllinated subsequent to
the submision of the initial approved site list and ot any changes to the
submission of the ini tial approved site list and of any changes in the
approved level of meal service tor a site. Such notification shall be
provided within the time limits autually agreed upon in the contract;
-2. The tood service aBnagement company shall maintain such records
(supported by invoices, receipts, or other evidenoe) as the sponsor will
need to meet its responsibilities under this part and shall report to the
sponsor promptly at the end of each aonth, at a ainimum;
3. The food service aanagement company shall have State or looal health
certification for the tacility in which it proposes to prepare aeals for
use in the Program, and it shall ensure tbat health and sanitation
requirements are aet at all times. In addition, the tood service
aanagement company shall provide for meals which it prepares to be
periodically inspected by the local health department or an independent
agency to deteraine bacteria levels in the meals being served. These
levels ahall conform to the atandards 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 serive establishments in the
locality. Results of the inspections shall be submitted to the sponsor
and to the State agency;
-_. 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;
-S. The books and reoords of the food service management company pertaining
to the sponsor's tood 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 ot three (3) years from the date of receipt of tinal payment under
the contract;
o
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(AIlendmept to Food Service Agreement)
t"\
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Page 2 of 2
,
6. Tbe sponsor and the food service management company shall operate in
accordance with current Program reculations.
7. The tood service management company shall be paid by the sponaor for all
meals delivered in accordance with the contract and tbis part. However',
neitber the Department nor the State agency assullea any liability for
payment of differences between tbe number of lIeala delivered/prepared by
tbe food aervice lIenagellent company and tbe number of lIeals aerved by the
sponsor tbat are eligible for reimbursementi
'8. Meals sball be delivered in accordance with a delivery schedule
prescribed in the contractj
'9. Increases and decreases in the number of lIeals ordered shall be made by
the sponsor, as needed, within a prior notice period mutually agreed
upon;
10. All meals delivered/prepared under tbe Program ahall meet the RHeal
Service RequirementsR section of the current Program regulations;
11. In cases of nonperformance or noncompliance on the part of tbe food
service management company, the company shall pay the sponsor for any
excess costs the sponsor incurs by obtaining meals from another source.
12. The food service management companies shall submi t all costs incurred
pertUning to the spons~rts food service operation in sufficient time to
allow the sponsors to prepare and submit the claim for reimbursement to
meet the 60 day submission deadline.
Type(s) of meal service
A
Price per meal
$1.64
Period covered by contact/agreement
L-3-89 throuRh 8-31-89
Estimated Total of contract/agreement
1800 meals per day__
DATE:
~f
Authorized Vend Representative
HAROLD L. BORING, Ed.D.
Assistant Superintendent
Administrative Services
DATE:
Authorized Sponsor Representative
, Tbese items lIay be deleted by Upward Bound and National Youth Sports
Programs which use a college cafeteria setting to provide meals under
tbe SFSP.
Revised 1988