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CITy'OF SAN BERNADINO - REQUEST ~ COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION AUTHORIZING AGREEMENT FOR
FOOD SERVICES WITH SAN BERNARDINO
Dept: PARKS, RECREATION & COMMUNITY SERVICES UNIFIED SCHOOL DISTRICT FOR SUlllER
lUNCH PROGRAM.
Date: MAY 21, 1991
Synopsis of Previous Council action:
Council authorized application to ~ United States Department of Agriculture
Food and Nutrition Service on May 6, 1990.
Council has approved similar agreements annually since 1975.
Recommended motion:
Adopt the Resolution.
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Contact person: .1nhn A. Kraml!r
Phone:
5031
Supporting data attached: <;t;,ff Rppnrt & Reso 1 ut ion
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.! No City Funds Involved.
Ward:
City Wide
(Acct. DescriDtion)
Finance:
Council Notes:
4.n"nrl::a Itp,m Nn ~
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CITY OF SAN BERNADINO - REQUEST FOt 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 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 1990 was $1.70; this year's cost will be
$1.75, 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.
(STAFFRE:S.LUNCH)
May 21, 1990
15-0264
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'San Bernardino City Unigd School District
E. Neal Roberts, Ed.D., Superintendent
Harold L. Boring, Ed.D., Assistant Superintendent, Administrative Services
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There's No Better Place To Learn
May 9, 1991
Oscar Perrier
CITY OP SAN BERNARDINO
Parks, Reoreation, . Community Svs. Dept.
300 North "0" street
San Bernardino, California 92418
Re: Food Service Agreement (Summer) and ls-Point Amendment
Dear Mr. Perrier:
Enclosed are two signed originals of the above Agreement between
the San Bernardino City Unified School District and the City of
San Bernardino. This Agreement was approved by the Board of
Education on May 7, 1991, as attested by the enclosed
Certification of Minutes. After aDDroval bv the Council. Dlease
return one sianed oriaina1 to this office. Administrative
Services. Attention: Melinda A. Pure. Contract Analvst.
We are happy to be able to continue to provide for your food
service needs.
sincerely,
j~.10~.D'
Assistant s~~;~i~dent
Administrative Services
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enclosure(s)
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ADMINISTRATIVE SERVICES DIVISION
777 North FStreet · San Bernardino. CA 92410 · (714) ~R'-"fi'-
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND THE 15 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.
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 15 Point Amendment attached as
Attachment 2 of Agreement, with the San Bernardino Unified
School District relating to the delivery of Type A lunches to
12 City'S summer lunch sites, a copy of which is attached
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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
17 San Bernardino at a
meeting thereof, held on
18 the day of
19 vote, to wit:
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28 5/21/91
, 1991, by the following
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND THE 15 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.
COUNCIL MEMBERS:
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
NAYS
ABSTAIN
city Clerk
The foregoing resolution is hereby approved this
, 1991.
day of
W. R. Holcomb, Mayor
Approved as to form
and legal content:
James F. Penman
City Attorney
By: ik~ ?P~i
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(RESO-S.LUNCHPRO)
May 21, 1991
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C':"' :C':,:,!
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SAN BBRNARDXNO CXTY ONXPXBD SCHOOL DXSTRXCT
777 North "F" street
San Bernardino, California 92410
POOD SBRVJ:CB AGRBBllBNT
(9"""ner)
THIS AGREEMENT, made and entered into this 8th day of May, 1991,
by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
hereinafter referred to as "DISTRICT, " and the CXTY OP SAN
BBRNARDXNO, hereinafter referred to as "CXTY," is as follows:
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,
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. '!be tenn of this Ao"....emeJJt shall be fran JUlv 1. 1991, tI.lrc:u3h Auaust
30. 1991, inclusive.
2. '!be orsnucr agrees to deliver to the CI'lY, ead1"service day" duriD3'
the tenn of this Ao".........et/t, said lurdles in a 1"'''""- specified by
the CI'lY.
a. A "service day" shall be every daY with the ~tion of
Satln:days am sumays, duriD3' the tenn of this Ao"..-=uel/t.
b. Ead1 lUJXh shall OCIIply with Type "A" requi.rements set by
United states DeparbDent of 1lgri.culture for students'
rutritia1a1 needs, am the ocntents of the mer1lS shall be
_.....d upon DUtually.
c. '!be CI'lY shall call the orsnucr preparatial kitdlen befoze
2:00 p.m. of the service daY }&",,~i'l;J the servioe daY of the
required service, in:1icatin;J the )"11"""- of lurdles ~.
'!be orsnucr shall CXJnti.nJe prepari.n; the same )"II...n..'t" of
lurdles unless CI'lY nct1fies the preparation kitdlen as
inli.cated above.
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d. I1Irdles shall be packaged en a t'li"i""""'ble tray wr~ with
clear plasti~ material.
3. '!he Cl'lY _ -- to pay the DIS'mIcr $~ for each lurdl. delivered
to the Cl'lY pm;uant to this Agreemeut.
4. '!he DIS'mIcr shall deliver said lunciles each seJ:Vi.ce day, at a
lIIltually agzeed upon time, to the Cl'lY-autharized sites as inlic::ated
in "Exhibit A," to be attached hereto upon exec:uticn by the Cl'lY,
ani made a part: of this hp:eeme1/t.
5. '!he DIS'mIcr _: ,- to furnish all labor ani vehicles ne:- -uy to
transport said lunciles fran the preparatien point to the authorized
Cl'lY sites.
6. '!he Cl'lY shall provide any ani all labor MO"'"~~ry for setVioe of
said lunciles at designated sites, am the Cl'lY agrees to clean all
l""''''''ble DIS'mIcr equipnent am utensils as SOCIl as possible after
food has been served. said clean eqt,iP-rt; ani utensils shall be
retuzned to the DIS'mIcr preparaticn Jdtdlen before J1OCI1 en the
setVioe day follawin;J the setVioe day it was delivered to the Cl'lY.
7. '!he Cl'lY shall provide any clerical or llClOC1U1ti.n; setVioes ~
for OCIIpletiDJ ani filinj state L~l..;I, which TNJ.y be required to
entitle the DIS'mIcr or the Cl'lY to pi1llh.JrsBDent fran the state.
8. '!he Cl'lY shall bear the sole respcrlSibility for care of all
zefrigerated perishable food items after they have been delivered
to the sites until the time of ClXlSlJIIpl:icn.
9. '!he am::unt of milk or food poailaiI for the preparatien of said lunciles
shall be aLLaaqed by the UUi"J:KLcr at the time adju..L..u::.tts for ro""""''t'
of said lunciles are made. '!he Cl'lY shall not participate in the
ULdt:..inj of food or milk nH~ to prepare said lunciles.
10. '!he DIS'DUcr shall bill Cl'lY lIa1thly am billinj will include all
transact.i.cns thrc:u;Ih the close of bJsiness en the last seJ:Vi.ce day
of the mcnt:h. Cl'lY shall1'L""'t'u.y pay said bills.
11. '!he Cl'lY _, to bear the cost of any losses msultinj fran theft
or L.tu."""", stmage cnoe the lunciles are delivered to the Cl'lY. '!he
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CITY further agrees that cn:lEl the l1.Jl'ldles have been delivered to
authorized CITY per-.........el, the CITY "............ the respcmsibility to
i1;ocrn- of such ani return no food items. CITl( shall not be entitled
to any credit for CMi!1.-......derjJ~ of lunch omers.
12. '!be CITY ao,jL to iJDm1ify ani hold hal:mless DIS'lRICl' ani its
departments, agents, officers, ani EIIpl.oyees for any ani all
liability arisiD;J a1t of the perfamance of this A."...........tt. said
imelmificatia1 shall inclme, bJt not be limited to: any liability
resultiD;J fran defective or spoiled food cn:lEl the food has been
delivered to the CITl(~ any liability for any injmy to CITl( 1:""'-...........1
or persa1S under CITY c1i.rect.ia1 or .......d...ul, in or abc:ut DIS'lRICl'
pr-;-_~ any liability ClllJSed by any error, anissicm, or act of CITl(
or of any pe1:scn EIIpl.ayed by CITl( or of any others for whose acts
CITl( is legally liable. said imelmificatiat shall inclme, in the
event of legal actiat: court <XlSts1 exper1S''eE of litigatia11
reasatable attamey' s fees~ ani any ani all SUIIIS awarded by a court
of c:lCIIp!t:ent jurisdiction, includi.n;r pmitive i1A,,""'J9S, or acoept:ed
in a settlement ao,jL..........L. '!be ally exoepti.al to this
.imemni.ficatiat i!lyL..........t is that DIS'lRICl' ao,jL T- that it will not
be .imemni.fied for injuries to DIS'lRICl' persamel \bid1 occur lIIhi.le
DIS'lRICl' persamel are perfCII'JIdn;J pn'SUlU1t to this A."..~.t or for
injmy to anyone arisiD;J a1t of a neqli.gent act of the DIS'lRICl'.
13. CITl( certifies it will not discriminate at the hasis of race, color,
national origin, sex (includi.n;r .....,,"', hara-".....tt), handicap (or
disability), reliqial, or age in any of its policies, }IL' (".llliIIn-es,
or practices in CXIIplianoe with:
o Title VI ani VII of the Civil J/;nhh. Act of 1964.
aslllN=!!l~
(pert:aj.niD) to race, color, national origin, ani
religiat) ~
o TitlA IX of t:he m41roa+-~nn ~.ll..s of 1972
(pertainin;J to sex) ~
o ~;,.., 504 of the lWuohi'ita~;,.., Act of 1973
(pert:aj.niD) to hImli.cap) ~ ani
o '!be J\ae ni....,.;1ft;n:ot-i,.., Act of 1975
(pertainin;J to age)
'Ibis IlCI1-discrimintia1 policy CXIIIeJ:S JOiImi_iB'\ ani 8(\: ~ to, ani
treatment am EIIpl.ayment: in, the w:>'.l1<.LCl"S }IL"'.:jL....... ani activities.
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14. All nati.c8s, invoices, and other \.OUL..~Jdenoe nay be given by
United states mail to the follClWinJ cdh. -$:
ClTl(
city of san Ben1lmllno
city Clerk
300 North "D" SL......t
san Ben1lmllno, CA 92418
nTm'RTI"'I'
san Ben1lmllno city unified
SC:b:lol. District
Assistant SUperinten:lent
Jldministrative Services
777 North "F" SL......d..
san Ben1lmllno, CA 92410
15. '!his """.........41t nay be cancelled by either party, by givin;J fQJrteen
(14) days' prior written n:Jt:I.ce to the other party.
16. '!his ,."............L shall not be assignable, bIt may be amerJ:ied by the
JIIItua1 written CXI'ISe11t of both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as
shown below.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
CITY DISTRICT
~t~
HAROLD L. BORING, Ed~
Assistant Superinten nt
Administrative Services
W. R. HOLCOMB
Mayor
TIN: 95-6000772
TIN: 95-2285577
Date:
Date:
MIIY 0 9 1991
Approved as to form
and legal content:
James F. Penman
City Attorney
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15 POINT AMENDMENT TO FOOD SERVICE AGREE~IENT
SUMMER FOOD SERVICE J!ROGRA~l
The contract between City of .RAn R,rrnAr.dind:SPOnSor) with offices at "Inn N "n"!':r, !':"n
hereinafter called 'The Sponsor", and '. SBCUSD , (Vendor) hereinafter called "The
Vendor", executed by the parties thereto on May 8 , 1991, is herebv amended to
provide the following:
Bernar-
dino
*,. All meals prepared by a food service Management company shall be unitized, with
or without milk or juice, unless that State agency has approved a request for
exceptions to the unitizing requirement for certain components of a meal;
2. A food service management company entering into a contract with a sponsor under
the Program shall not subcontract for the total meal, with or without milk, or for the
assembly of the meal;
3. 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 sile and shall notify the food
service management company of all sites which have been approved, cancelled, or
terminated subsequent to the submission of the initial approved site lisl and of any
changes to the approved level of meal service for a site. such notification shall be
provided within the time limits mutually agreed upon in the contract;
*4. 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;
5. 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 standa~ds which are applied by the local health authority with respect to service
establishments in the locality. Results of the inspections shall be submilled to the
sponsor and to the State agency;
*6. The meals served under the contract shall conform to the cvcle menus and meal
quality standards and food specifications approved by the Siate age.ncy and upon
which the bid was based, if applicable;
*7. The books and records of the food service managment company pertallltng 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;
8. The sponsor and the food service managelpent company shall operate in accordance
with current Program regulations;
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9. 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 arc eligible for
reimbursement;
*10. Meals shall be delivered in accordance with a delivered schedule prescribed in the
contract;
*11. 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;
12. All meals delivered/prepared under the Program shall meet the "Meal Service
Requirements' section of the current Program regulations;
13. 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;
14. The food service management company shall submit records all costs incurred in the
sponsor's food service operation in sufficient time to allow the sponsor to prepare and
submit the claim for reimbursement to meet the 60 day submission deadline;
15. The food service management company shall co.mply with the appropriate bonding
requirements as set forth in the current Program regulations.
Type(s) of meal service
Breakfast Lunch
Dinner
Snack
Price per meal
$1. 75
Period covered by
contract/agreement
July I, 1991 through August 30, 1991
Estimated Total of
contract/agreement
Authorized Vend r Represen ve
Harold t. Boring, Ed.D.
Asst. Supt., Admin. Svs.
DA TE: NIW 0 II \99\
Authorized Sponsor Representative
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 SFS~.
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