REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
June 23, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
No Fee License Agreement with My Healthy Penguin, LLC for Vending Services in San Bernardino
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of the No Fee License Agreement with My Healthy Penguin, LLC for the non-exclusive use of County space to install and operate smart food vending refrigerators is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve a No Fee License Agreement with My Healthy Penguin, LLC, for the non-exclusive use of County space to install and operate smart food vending refrigerators, for a five-year term from July 1, 2026 through June 30, 2031, within County-owned premises located at:
a. Sheriff/Coroner/Public Administrator’s Headquarters, 655 East 3rd Street in San Bernardino, in an area accessible to County employees and authorized visitors; and
b. Sheriff/Coroner/Public Administrator’s Academy Training Administration Offices, 18000 West Institution Road in Devore, in an area open and accessible to the general public.
3. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not require the use of Discretionary General Funding (Net County Cost). The proposed License Agreement (License) will be provided at no cost to My Healthy Penguin, LLC (Company), and no revenue will be generated to the County. Minimal administrative costs associated with processing and oversight of the License, including utilities and maintenance of the licensed area, will be absorbed within the Sheriff/Coroner/Public Administrator’s (SBCSD) operating budget (4430001000). These costs are expected to be nominal and within existing budget appropriations.
BACKGROUND INFORMATION
Approval of the proposed License will allow the Company to install and operate smart food vending refrigerators (Equipment) within the SBCSD Headquarters, located at 655 East 3rd Street in San Bernardino, and the SBCSD’s Academy Training Administration Offices, located at 18000 West Institution Road in Devore, (collectively, Premises). The Equipment at the SBCSD’s Academy Training Administration Offices would be installed in an area open and accessible to the general public. The License provides for the non-exclusive use of approximately 50 square feet of County-owned office space at each location (Licensed Area) for the installation, operation, repair, and maintenance of temporary, movable 24-inch by 24-inch Equipment.
The Company is a privately owned vending service provider specializing in automated smart food vending refrigerators that offer fresh, ready-to-eat meals, snacks, and beverages. The refrigerated units allow customers to purchase individually packaged food items using electronic or mobile payment systems. Meals are prepared off-site in licensed commercial kitchens and delivered to vending locations where the units are stocked and monitored by the Company.
Installation of the Equipment will provide convenient and accessible food options for employees and visitors at the Premises, particularly during hours when nearby food service options may be limited. Providing on-site food access supports employee wellness and workplace efficiency. In addition, the public, County employees, and authorized visitors will have access to some, or all of the services provided by the Equipment, thereby serving the social, health, and welfare needs of the public.
SBCSD supports the installation of the Equipment to improve access to food options for employees working at the facility. The License is non-exclusive and does not restrict the County from permitting additional vending or food services at the Premises in the future.
The Company will be responsible for obtaining all required permits, licenses, and approvals from applicable federal, state, and local agencies related to the off-site preparation and delivery of food products and the operation of the Equipment. The Company will also maintain the Equipment, stock inventory, and ensure compliance with all applicable health and safety regulations prior to installation and throughout the term of the License.
The project to approve the License was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under CEQA Guidelines Section 15301 - Existing Facilities (Class 1), as the licensing of the subject space involves minor use of an existing facility and will not result in a significant environmental impact.
|
Summary of Lease Terms |
|
|
Licensee: |
My Healthy Penguin, LLC |
|
|
Christopher Holyfield, Managing Member |
|
|
|
|
Locations: |
655 East 3rd Street, San Bernardino, CA 92415 and 18000 West Institution Road, Devore, CA 92407 |
|
|
|
|
Equipment: |
One smart food vending refrigerator at each location |
|
|
|
|
Size: |
50 square feet of office space at each location |
|
|
|
|
Term: |
Five years; July 1, 2026 through June 30, 2031 |
|
|
|
|
Options: |
None |
|
|
|
|
Maintenance: |
Provided by County for Licensed Area and by Licensee for Equipment |
|
|
|
|
Custodial: |
Provided by Licensee for Equipment; by County for Licensed Area |
|
|
|
|
Utilities: |
County provides all utilities |
|
|
|
|
Insurance: |
The Certificate of Liability Insurance, as required by the License, is on file with the Real Estate Services Department. |
|
|
|
|
Right to Terminate: |
Either party may terminate this Agreement without cause upon a 30-day written notice to the other party |
PROCUREMENT
Pursuant to the County Code of Ordinances, section 18.0103: Leases Excluded from Bidding Procedure, leases and licenses of a duration not exceeding five years and having an estimated monthly rental or use fee of not exceeding $5,000may be excluded from the bidding procedures of section 18.0101 provided that the actual monthly rental or use fee of the executed lease or license shall not exceed $5,000, the term of the executed lease or license shall not exceed five years, and the executed lease or license shall not be renewable. Public notice of intent to contract with the vendor was posted on May 22, 2026, pursuant to the California State Code section 6061.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-5455) on May 22, 2026; Sheriff (Jose Torres, Administrative Manager, 387-3648) on May 28, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on May 27, 2026; and County Finance and Administration (Erika Rodarte, 387-4919, and Eduardo Mora, Administrative Analysts, 387-4376) on June 4, 2026.
(DG: 501-8783)