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I RESOLUTION NO. 85-l9l
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO UNIFIED SCHOOL
3 DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S
SUMMER LUNCH SITES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
ISAN BERNARDINO AS FOLLOWS:
I SECTION l. The Mayor of the City of San Bernardino is hereby
6
7 authorized and directed to execute on behalf of said City an
8 Agreement with the San Bernardino Unified School District relating
9 to the delivery of type A lunches to City's summer lunch sites, a
10 Icopy of which is attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set forth at
12 leng th.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 I adopted by the Mayor and Common Council of the City of San
15 Bernardino at a reGlllar meeting thereof, held on
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the 20th day of
MflY
, 1985, by the following vote,
17 to wit:
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AYES:
Council Members r~~r~n~nrl. R~;'ly. M~rRaQgg~,
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Marks, Frazier. Strickler
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NAYS:
None
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ABSENT:
Council Member Ouiel
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~~P#~Ah
/ City Clerk
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of
May
, 1985.
" day
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The foregoing resolution is hereby
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I
I
IjA"Ved as to form:,
i~~4A:~v
City Attorney ,~
of San Bernardlno
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FOOD SERVICES AGREEMENT
'lliIS AGREEMENT is entered into this 8th day of May, 1985, by and between
the San Bernardino City Unified School District, and the City of San
Bernardino, a municipal corporation of the State of California, herein-
after referred to as CITY.
mx::ITAIS
WHEREAS, CITY desires to provide cold lunches to minors who are taking
part in the City Youth Activities Program, and
WHEREAS, DISTRIcr has facilities for the preparation of the needed cold
lunches, and is willing to provide such service to CITY,
NCM, THEREFORE, the parties hereto agree:
1. DISTRIcr agrees to deliver to CITY cold lunches each day during the
term of this Agreenent, with the exception of Saturdays, Sundays,
and Holidays, in a nUlltler specified by CITY. Each cold lunch shall
crnply with Type "A" requirerrents set by USDA for students'
nutritional needs, and the contents of the rrenus shall be agreed
upon mutually.
CITY shall call the preparation DISTRIcr kitchen before 1 p.m. of
the day preceding the day of the required service indicating the
mnnber of lunches needed. After CITY has placed its initial order,
DISTRIcr shall continue preparing the sane nUlltler 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 DISTRIcr $1.465 for each lunch delivered to
CITY pursuant to this Agreenent.
3. The Term of the Agreenent shall be fran July 1, 1985 through August
30, 1985 inclusive.
4. DISTRIcr shall deliver lunches daily, at a mutually agreed upon
ti.rre, to CITY-authorized sites as indicated in Exhibit A, attached.
hereto and made a part of this Agreerrent. Said delivery to be made
by DISTRIcr personnel.
5. DISTRIcr agrees to furnish all labor and vehicles necessary to
transport lunches and store in refrigerators as needed fran the
preparation point to the authorized CITY sites.
6. CITY shall provide any and all labor necessary for service of said
lunches at designated sites, and CITY agrees to clean all reusable
DISTRIcr equiprent and utensils as soon as possible after food has been
served, and prior to its return to the DISTRIcr preparation facility
before noon on the day following the day it was delivered to CITY.
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7. CITY shall provide any clerical or a=unting services needed for
filing State reports, which may be required to entitle DISTRIcr or
CITY to reimbursenent fran 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 tine of consumption.
9. The am::>unt of milk or food needed for the preparation of said
lunches shall be arranged by the DISTRIcr at the tine adjustIrents
for said lunches are made. The CITY shall not participate in the
ordering of food or milk needed to prepare lunches.
10. DISTRIcr shall bill CITY IlOnthly and billing will include all
transactions through the close of business on the last day of the
IlOnth. CITY shall prrn;>tly pay said bills.
11. CITY agrees to bear the cost of any losses resulting fran theft or
inproper storage once the food or lunches are delivered to CITY.
CITY further agrees that once the lunches have been delivered to
authorized CITY personnel, CITY assunes 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. CITY agrees to indermify and hold hannless DISTRIcr for any and all
liability arising out of the perfo:r:mance of this 1\greerrent. Said
indemnification shall include, but not be limited to, any liability
resulting fran defective or spoiled food once the food has been
delivered to CITY and any injury to CITY personnel in or about the
premises of DISTRIcr. The only exception to this indemnification
agreerrent is that DISTRIcr agrees that it will not be indenmified
for injuries to DISTRIcr personnel which occur while DISTRIcr
personnel are performing pursuant to this 1\greerrent.
13. This 1\greerrent may be cancelled by either party by giving prior
seven (7) days written notice to the other party, and said notices
may be given by United States mail to the addresses listed below.
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRIcr
l
!LD L. BORING, . D.
Assistant Superin t
1\drninistrative Services
Dam l7 tz,/'lJ!r
Date MAY 8 1985
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15. NEI'I HOPE CHURCH
1575 W. 17TH STREET
SAN BERNARDINO, CA 92411
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SU~lliER LUNCH FEEDING SITES - 1985
3:JYS CLl'S
_:80 w. 9th Street
3~~ BERNARDINO, CA
92401
, :.i.D. CENTER
3C88 Pj\LM LANE
SAN BERNARDINO, CA '2410
J. C!\:i'I'ER i'lEMORIAL CHURCH
1606 W. 11TH STREET
SAN BERNARDINO, CA 92410
4. CHURCH OF CHRIST
7186 CYPRESS STREET
FONTANA, CA 92335
J. COLTON HOUSING
772 PINE STREET
COLTON, CA 92324
6. CYPRESS ELEMENTARY SCHOOL
26825 CYPRESS AVE.
SAN BERNARDINO, CA 92346
I, ::;;::L;'lANN HEIGHTS CENTER
2969 FLORES STREET
SAN BERNARDINO, CA 92405
8.
16. ROMONA DROP-IN CENTER
1524 W. 7th STREET
SAN BERNARDINO, CA 92411
17. RANCHO & MILL APTS.
2166 RANCHO AVE.
SAN BERNARDINO, CA 92407
18. RILEY ELEMENTARY SCHOOL
1266 N. "G" STREET
SAN BERNARDINO, CA 92405
19. ROOSEVELT ELEMENTARY SCHOOL
1554 GARNER STREET
SAN BERNARDINO, CA 92411
20. ST. THlOTHY CHURCH
3100 STATE STREET
SAN BERNARDINO, CA 92405
21. SAN GORGONIO HIGH SCHOOL
2299 E; PACIFIC
SAN BERNARDINO, CA 92404
??J.NZEE CENTER 22.
1140 W. MILL STREET
SA~ BERNARDINO, CA. 92410
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;,ERNANDEZ COf.lMUNITY CENTER 23.
222 W. LUGO STREET
5,::':: BERNARDINO, CA 92408
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:;C;E OF NEIGHBORLY SERVICES 24.
.=} 91 N. r.17 VERNON
3A~ BERNARDINO, CA 92411
]c.HNSON HALL CO!.lliUNITY CENTE1225.
j06 WILSON STREET
SAN BERNARDINO, CA 92411
,2. ~i?TLE ZION MANOR
2000 JUBILEE COURT
SAN BERNARDINO, CA 92411
7th DAY ADVENTIST CHURCH
1601 W. 16TH STREET
SAN BERNARDINO, CA 92411
VERMONT ELEMENTARY
3695 N. VERMONT STREET
SAN BERNARDINO, CA 92405
WARM SPRINGS ELEl-lENTARY SCHOOL
7444 STERLING AVE
SAN BERNARDINO, CA 92410
l'iATERMAN GARDENS
403 ALDER STREET
SAN BERNARDINO, CA 92410
26. Y .M. c. A. DOWNTOh7N
216 W. 6TH STREET
SAN BERNARDINO, CA 9240i
~;TLE CREEK COMMUNITY CENTER27.
-)80 S. D STREET
SAN BERNARDINO, CA 9240l
'". ~!LL COMMUNITY CENTER
506 E. CENTRAL AVE.
SAN BERNARDINO, CA 92408
Y.M.C.A. SOUTHWEST
l267 S. RIVERSIDE
RIALTO, CA. 923/6
28. N. FONTANA PARKS & REC.
6396 CITRUS AVE.
FONTANA, CA. 92335
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ATTACHMENT 3
AMENDMENT TO FOOD SERVICE AGREEMENT
SUMMER FOOD SERVICE PROGRAM
The contract between ci tv of San Bernardino (Sponsor)
with offices at :l00 North "n" stree, ,'hereinafter called
"The Sponsor", and TTn; of; At1 ri +-y !=:.(""'n()()l ~ , Vendor) with ?ffices at .
777 "F" ~t-rAA+- , here1nafter called'
"The Vendor", executed by the parties thereto on
1985, is hereby amended to provide the following:
1. 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 a~d shall notify the food service
management company of all sites which have been approved, cancelled,
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 lists
mutually agreed 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 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. 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 shall 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 serive
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;
*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
6.2.7
Amendment to Food Service Agreement
Page 2 of 2
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;
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/prepared 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. Meals 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 Program 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.
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
iJ..~
sentative
Authorized Sponsor Representative
Authorized Vendor
HAROLD L. BORING, Ed. D.
Assistant Superintendent
Administrative Services
DATE:
DATE: ijAY 8 1935
* 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. You may wish to redraft this document or cross non-applicable
items.
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