HomeMy WebLinkAbout43-Parks & Rec
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: August 27,2004 0 R \ G \ N A L
Subject: RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR
OR HER DESIGNEE TO EXECUTE FIVE (5)
MEMORANDUMS OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO
AND FIVE (5) NUTRITION SITES, TO
PROVIDE A MEAL SERVING SITE FOR THE
SENIOR NUTRITION PROGRAM.
MICC Meeting Date: September 20, 2004
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation & Community
Services Dept.
Synopsis of Previous Council Action:
June 18, 2001 - The Mayor and Common Council approved Resolution 2001-198 authorizing
the execution of a MOD between the City of San Bernardino and the Community Adult Day
Care of San Bernardino relating to Senior Nutrition Program meals.
Recommended Motion:
Adopt Resolutions.
Z/ /Yi_____
/ Signature
Contact person: Aaliyah Harkley
Phone: 384-5231
Supporting data attached Staff Report, Reso., & contract
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Ar~t n~~rriptinn)
Finance:
Council Notes:
Agenda Item ~
-1tc{3
lOlL/joy
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the
Mayor or her designee to execute five (5) Memorandums of Understanding between the City of
San Bernardino and five (5) nutrition sites, to provide a meal serving site for the Senior Nutrition
Program.
Backuound:
Currently there are six (6) Senior Nutrition sites served by the City of San Bernardino Senior
Nutrition Program: 5th Street Senior Center, Perris Hill Senior Center, Highland Senior Center,
Lytle Creek Conununity Center, Rudy C. Hernandez Conununity Center, and New Hope Family
Life Center.
On August 4, 2004 the San Bernardino County Board of Supervisors signed along with the City
of San Bernardino Parks, Recreation and Conununity Services Department the Senior Nutrition
Program grant agreement for the fiscal year July 1, 2004 through June 30, 2005. This agreement
included four (4) new sites, which are listed below. All four (4) new sites will need a MOU with
the City of San Bernardino before senior meals can be served at each site. The department has
also received a request from the Lighthouse for the Blind, who would like to participate in the
Senior Nutrition Program. Although the Lighthouse for the Blind is not included in this new
County Contract, the County agrees that this new site would be beneficial to serve the senior
conununity and agrees to provide the necessary meals for this site, as well. Letter of agreement
is attached. This will give the department a total of eleven (11) senior meal serving sites.
16th Street Seventh-Day Adventist Church
1095 Kendall Dr., San Bernardino CA
San Bernardino Adult School Senior Programs
455 Olive St., San Bernardino CA
Temple Conununity Senior Center
T. Hughes Building
1777 Baseline Ave, San Bernardino CA
Victoria Woods Senior Apartments Complex
1601 West 16th Street, San Bernardino CA
Lighthouse for the Blind
762 North Sierra Way, San Bernardino, CA
The Memorandums of Understanding for the required new sites will be effective, October 1,
2004 to September 30, 2005 and will provide an average of20 meals per day or over 5,080 meals
at each site through the life of the MOU. This agreement has approval of the County of San
Bernardino Aging and Adult Services Department, with whom the City contracts for the Senior
Nutrition Program. The Memorandums of Understanding will assist the city's nutrition program
in its efforts to continue to serve low-income senior citizens. The Memorandum of
Understanding for the Lighthouse of the Blind will be effective for the same dates, however, this
site will be providing an average of 60 meals per day or over 15,240 meals at this site through
the life of the MOV.
1)
2)
3)
4)
5)
Financial ImDact:
There is no financial impact to the General Fund. This program is totally funded by the Nutrition
Grant.
Recommendation:
Adopt Resolutions.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE 16tb STREET SEVENTH-DAY ADVENTIST CHURCH
RELATING TO A MEAL SERVING SITE FOR THE SENIOR NUTRITION
PROGRAM.
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 or her designee is hereby
authorized and directed to execute on behalf of said City, a Memorandum of Understanding
with 16TH Street Seventh-Day Adventist Church relating to a meal serving site for the Senior
Nutrition Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within 120 days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND 16TH STREET SEVENTH-DAY ADVENTIST CHURCH
RELATING TO PROVIDING A MEAL SERVING SITE FOR THE SENIOR
NUTRITION PROGRAM.
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 the
_ day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of
, 2004, by and between the City of San Bernardino, a municipal
corporation hereinafter referred to as "City" and the 16th Street Seventh-Day Adventist Church
hereinafter referred to as "Care Center."
City and Care Center agree as follows:
I. This Memorandum of Understanding is made with reference to the following facts and
objectives:
A. City currently operates a Senior Nutrition Program, which program is the subject of
a contract between the County of San Bernardino Office of Aging and City of San
Bernardino.
B. The parties desire to establish a nutrition site for seniors at the Care Center site with
no fees being charged to either party.
C. Term.
This Memorandum of Understanding shall be effective immediately
upon the date set forth above, and shall continue in effect for a period of one years
subject to termination by either party for any reason upon thirty days written notice
to the party; provided, however that should County, State or Federal funding for the
Senior Nutrition Program cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to Care Center.
II. Duties of Care Center. Care Center shall:
A. Prepare a Daily Listing
I. The Food Service Delivery person will provide a daily requisition form to
the site each day. All persons less than sixty (60) years of age shall be so
identified on said listing and will pay the set price for senior under (60)
years.
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2. The original shall be retained at the 5th Street Senior Center administration
site.
3. If a holiday falls during the week the Program Director of the Care Center
will initiate a timely contact with the supervisor of the City's nutrition
program. The Program Director of the Care Center will notify the Food
Service Supervisor II of the Senior Nutrition Program that alternative
arrangements have been made.
B. Donations will be given daily and they will be placed in a donation box that will be
placed in area where confidentiality will be assured. The donation box will be
picked up at the end of the meal service hour and delivered to the program main
office by the Food Service Delivery person for counting, logging and deposits.
C. Donation Confidentiality: The Care Center will provide an area where the donation
box can be placed that will assure total confidentiality to the seniors as they place
their donation into the box.
D. Care Center shall conform to all provisions of the Civil Rights Act of 1964, as
amended.
E. Care Center shall allow placement of a Sign to be furnished by City with
substantially the following language:
TO WHOM IT MAY CONCERN
The Senior Nutrition Program shall not be
responsible for any food removed from this site
by participants following the serving of a
regularly scheduled nutrition meal.
F. The Care Center shall provide volunteer/volunteers to assist in the serving of the
meals and in keeping the kitchen cleaned and organized.
THE CITY OF SAN BERNARDINO
G. The City shall provide all utensils and one personnel required for the service of food
to its clientele.
Changes.
City or Care Center may request changes in the scope of services of
either party to be performed under this Memorandum of Understanding. Said changes,
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IV.
V.
including an increase or decrease in the amount of delivery or the days of service must
be mutually agreed upon by City and Care Center, and must be incorporated in written
amendment to this Memorandum of Understanding.
Compliance with the Law. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program.
Liabilitv Insurance. Care Center agrees to procure and maintain in force during the
term of this Memorandum of Understanding, and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by the City,
adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of one
million dollars ($1,000,000) combined single limit. Care Center shall provide to the
City's Parks, Recreation & Community Services Department, prior to serving any
meals, a certificate of insurance and an additional insured endorsement, which provides:
A. City of San Bernardino as an additional named insured.
B. The insurance company name, policy number, period of coverage, and amount of
Insurance.
VI.
C. That the Parks, Recreation & Community Services Department of the City of San
Bernardino must be given notice in writing at least thirty days prior to cancellation,
material change, or refusal to renew the policy.
D. That Care Center's insurance will be primary to any coverage the City of San
Bernardino may have in effect.
Religious Activities Prohibited. Religious worship, instruction, or proselytization
shall not be instigated as part of or in connection with the performance of the
Memorandum of Understanding.
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VII. Hold Harmless Bv Care Center.
Care Center shall hold City, its elective and
appointive boards, commissions, officers, agents, and employees, harmless from any
liability for damage or claims for damage, including all claims for personal injury,
including death, claims for property damage and any and all other claims for liability,
which may arise from the duties performed by Care Center under this Memorandum of
Understanding, whether such duties be by Care Center, or by anyone or more persons
directly or indirectly employed by, or acting as agent for Care Center. Care Center shall
defend City and its elective and appointive boards, commission, officers, agents, and
employees from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any such duties.
VIII. Hold Harmless Bv Citv. City shall hold Care Center, its officers, directors, agents,
and employees, harmless from Liability for damage or claims for damage, including all
claims for personal injury including death, claims for property damage and any an all
other claims for liability, which may arise from the duties performed by City under this
Memorandum of Understanding, whether such operations be by City, or by anyone or
more persons directly or indirectly employed by, or acting as agent for the City. City
shall defend Care Center and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages caused, or alleged to have been caused,
by reason of any such operations.
IX. Indenendent Contractor Provision. This Memorandum of Understanding does not
constitute the hiring by either party. It is the parties' intention that so far as shall be in
conformity with the law, City will be an independent contractor and not Care Center's
employee. In conformity therewith, City retains sole and absolute discretion and
judgement in the manner and means of carrying out the duties of City under this
agreement. Therefore, the parties hereto are, and shall remain, independent contractors
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x.
XI.
bound by the provisions thereof. City is under the control of Care Center as to the result
of City's work only, and not as to the manner and means by which such result is
accomplished.
Attornev Fees Provisions. If any legal action or arbitration is necessary to enforce or
interpret the terms of this agreement, the prevailing party shall be entitled to the
reasonable attorney's fees, in addition to any other relief to which he/she may be
entitled. The costs, salary, and expenses of he City Attorney and members of his office
in enforcing this contract on behalf of the City shall be considered as "attorney's fees"
for the purpose of this paragraph.
Notices.
All notices to the parties arising as a result of this Memorandum of
Understanding shall be in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
Care Center
City
16th Street Seventh-Day
Adventist Church
1601 West 16th Street
San Bernardino, Ca. 92411
Parks, Rec. & Com. Svs. Dept.
547 N. Sierra Way
San Bernardino, CA 92410
XII.
Entire Agreement.
This agreement contains the entire agreement of the parties with
respect to the matters covered by this agreement, and no other agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
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year first herein written above.
16TH STREET SEVENTH-DAY
ADVENTIST CHURCH
By:
Title:
Approved as to form
And legal content:
James F. Penman
City Attorney
By:
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE SAN BERNARDINO ADULT SCHOOL SENIOR
PROGRAMS RELATING TO A MEAL SERVING SITE FOR THE SENIOR
NUTRITION PROGRAM.
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 or her designee is hereby
authorized and directed to execute on behalf of said City, a Memorandum of Understanding
with San Bernardino Adult School Senior Programs relating to a meal serving site for the
Senior Nutrition Program, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within 120 days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE SAN BERNARDINO ADULT SCHOOL SENIOR
PROGRAMS RELATING TO PROVIDING A MEAL SERVING SITE FOR THE
SENIOR NUTRITION PROGRAM.
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 the
_ day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
,2004.
day of
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
, 2004, by and between the City of San Bernardino, a municipal
day of
corporation hereinafter referred to as "City" and the San Bernardino Adult School Programs
hereinafter referred to as "Care Center."
City and Care Center agree as follows:
I. This Memorandum of Understanding is made with reference to the following facts and
objectives:
A. City currently operates a Senior Nutrition Program, which program is the subject of
a contract between the County of San Bernardino Office of Aging and City of San
Bernardino.
B. The parties desire to establish a nutrition site for seniors at the Care Center site with
no fees being charged to either party.
C. Term.
This Memorandum of Understanding shall be effective immediately
upon the date set forth above, and shall continue in effect for a period of one years
subject to termination by either party for any reason upon thirty days written notice
to the party; provided, however that should County, State or Federal funding for the
Senior Nutrition Program cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to Care Center.
II. Duties of Care Center. Care Center shall:
A. Prepare a Daily Listing
1. The Food Service Delivery person will provide a daily requisition form to
the site each day. All persons less than sixty (60) years of age shall be so
identified on said listing and will pay the set price for senior under (60)
years.
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2. The original shall be retained at the 5th Street Senior Center administration
site.
3. If a holiday falls during the week the Program Director of the Care Center
will initiate a timely contact with the supervisor of the City's nutrition
program. The Program Director of the Care Center will notify the Food
Service Supervisor II of the Senior Nutrition Program that alternative
arrangements have been made.
B. Donations will be given daily and they will be placed in a donation box that will be
placed in area where confidentiality will be assured. The donation box will be
picked up at the end of the meal service hour and delivered to the program main
office by the Food Service Delivery person for counting, logging and deposits.
C. Donation Confidentiality: The Care Center will provide an area where the donation
box can be placed that will assure total confidentiality to the seniors as they place
their donation into the box.
D. Care Center shall conform to all provisions of the Civil Rights Act of 1964, as
amended.
E. Care Center shall allow placement of a Sign to be furnished by City with
substantially the following language:
TO WHOM IT MAY CONCERN
The Senior Nutrition Program shall not be
responsible for any food removed from this site
by participants following the serving of a
regularly scheduled nutrition meal.
F. The Care Center shall provide volunteer/volunteers to assist in the serving of the
meals and in keeping the kitchen cleaned and organized.
THE CITY OF SAN BERNARDINO
G. The City shall provide all utensils and one personnel required for the service of food
to its clientele.
III.
Changes.
City or Care Center may request changes in the scope of services of
either party to be performed under this Memorandum of Understanding. Said changes,
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IV.
V.
including an increase or decrease in the amount of delivery or the days of service must
be mutually agreed upon by City and Care Center, and must be incorporated in written
amendment to this Memorandum of Understanding.
Compliance with the Law. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program.
Liabilitv Insurance. Care Center agrees to procure and maintain in force during the
term of this Memorandum of Understanding, and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by the City,
adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of one
million dollars ($1,000,000) combined single limit. Care Center shall provide to the
City's Parks, Recreation & Community Services Department, prior to serving any
meals, a certificate of insurance and an additional insured endorsement, which provides:
A. City of San Bernardino as an additional named insured.
B. The insurance company name, policy number, period of coverage, and amount of
msurance.
VI.
C. That the Parks, Recreation & Community Services Department of the City of San
Bernardino must be given notice in writing at least thirty days prior to cancellation,
material change, or refusal to renew the policy.
D. That Care Center's insurance will be primary to any coverage the City of San
Bernardino may have in effect.
Religious Activities Prohibited. Religious worship, instruction, or proselytization
shall not be instigated as part of or in connection with the performance of the
Memorandum of Understanding.
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VII. Hold Harmless Bv Care Center.
Care Center shall hold City, its elective and
appointive boards, commissions, officers, agents, and employees, harmless from any
liability for damage or claims for damage, including all claims for personal injury,
including death, claims for property damage and any and all other claims for liability,
which may arise from the duties performed by Care Center under this Memorandum of
Understanding, whether such duties be by Care Center, or by anyone or more persons
directly or indirectly employed by, or acting as agent for Care Center. Care Center shall
defend City and its elective and appointive boards, commission, officers, agents, and
employees from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any such duties.
VIII. Hold Harmless Bv Citv.
City shall hold Care Center, its officers, directors, agents,
and employees, harmless from Liability for damage or claims for damage, including all
claims for personal injury including death, claims for property damage and any an all
other claims for liability, which may arise from the duties performed by City under this
Memorandum of Understanding, whether such operations be by City, or by anyone or
more persons directly or indirectly employed by, or acting as agent for the City. City
shall defend Care Center and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages caused, or alleged to have been caused,
by reason of any such operations.
IX. Independent Contractor Provision. This Memorandum of Understanding does not
constitute the hiring by either party. It is the parties' intention that so far as shall be in
conformity with the law, City will be an independent contractor and not Care Center's
.
employee. In conformity therewith, City retains sole and absolute discretion and
judgement in the manner and means of carrying out the duties of City under this
agreement. Therefore, the parties hereto are, and shall remain, independent contractors
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X.
XI.
XII.
bound by the provisions thereof. City is under the control of Care Center as to the result
of City's work only, and not as to the manner and means by which such result is
accomplished.
Attornev Fees Provisions. If any legal action or arbitration is necessary to enforce or
interpret the terms of this agreement, the prevailing party shall be entitled to the
reasonable attorney's fees, in addition to any other relief to which he/she may be
entitled. The costs, salary, and expenses of he City Attorney and members of his office
in enforcing this contract on behalf of the City shall be considered as "attorney's fees"
for the purpose of this paragraph.
Notices.
All notices to the parties arising as a result of this Memorandum of
Understanding shall be in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
Care Center
City
San Bernardino Adult School
Senior Programs
455 Olive St.
San Bernardino, Ca. 92410
Parks, Rec. & Com. Svs. Dept.
547 N. Sierra Way
San Bernardino, CA 92410
Entire Agreement. This agreement contains the entire agreement of the parties with
respect to the matters covered by this agreement, and no other agreement shall be
binding or valid.
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IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
year first herein written above.
SAN BERNARDINO ADULT SCHOOL
SENIOR PROGRAMS CITY OF SAN BERNARDINO
By: By:
Judith Valles, Mayor
Title: City of San Bernardino
Approved as to form
And legal content:
James F. Penman
City Attorney
By:
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE TEMPLE COMMUNITY SENIOR CENTER
RELATING TO A MEAL SERVING SITE FOR THE SENIOR NUTRITION
PROGRAM.
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 or her designee is hereby
authorized and directed to execute on behalf of said City, a Memorandum of Understanding
with Temple Community Senior Center relating to a meal serving site for the Senior Nutrition
Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within 120 days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE TEMPLE COMMUNITY SENIOR CENTER
RELATING TO PROVIDING A MEAL SERVING SITE FOR THE SENIOR
NUTRITION PROGRAM.
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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 the
, 2004, by the following vote, to wit:
_ day of
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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day of
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
, 2004, by and between the City of San Bernardino, a municipal
corporation hereinafter referred to as "City" and the Temple Community Senior Center
hereinafter referred to as "Care Center."
City and Care Center agree as follows:
I. This Memorandum of Understanding is made with reference to the following facts and
II.
objectives:
A. City currently operates a Senior Nutrition Program, which program is the subject of
a contract between the County of San Bernardino Office of Aging and City of San
Bernardino.
B. The parties desire to establish a nutrition site for seniors at the Care Center site with
no fees being charged to either party.
C. Term.
This Memorandum of Understanding shall be effective immediately
upon the date set forth above, and shall continue in effect for a period of one years
subject to termination by either party for any reason upon thirty days written notice
to the party; provided, however that should County, State or Federal funding for the
Senior Nutrition Program cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to Care Center.
Duties of Care Center. Care Center shall:
A. Prepare a Daily Listing
1. The Food Service Delivery person will provide a daily requisition form to
the site each day. All persons less than sixty (60) years of age shall be so
identified on said listing and will pay the set price for senior under (60)
years.
2. The original shall be retained at the sth Street Senior Center administration
site.
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3. If a holiday falls during the week the Program Director of the Care Center
will initiate a timely contact with the supervisor of the City's nutrition
program. The Program Director of the Care Center will notify the Food
Service Supervisor II of the Senior Nutrition Program that alternative
arrangements have been made.
B. Donations will be given daily and they will be placed in a donation box that will be
placed in area where confidentiality will be assured. The donation box will be picked up
at the end of the meal service hour and delivered to the program main office by the
Food Service Delivery person for counting, logging and deposits.
C. Donation Confidentiality: The Care Center will provide an area where the donation box
can be placed that will assure total confidentiality to the seniors as they place their
donation into the box.
D. Care Center shall confonn to all provIsions of the Civil Rights Act of 1964, as
amended.
E. Care Center shall allow placement of a sign to be furnished by City with substantially
the following language:
TO WHOM IT MAY CONCERN
The Senior Nutrition Program shall not be
responsible for any food removed from this site
by participants following the serving of a
regularly scheduled nutrition meal.
F. The Care Center shall provide volunteer/volunteers to assist in the serving of the
meals and in keeping the kitchen cleaned and organized.
THE CITY OF SAN BERNARDINO
G. The City shall provide all utensils and one personnel required for the service of food
to its clientele.
III.
Changes.
City or Care Center may request changes in the scope of services of
either party to be perfonned under this Memorandum of Understanding. Said changes,
including an increase or decrease in the amount of delivery or the days of service must
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IV.
V.
VI.
be mutually agreed upon by City and Care Center, and must be incorporated in written
amendment to this Memorandum of Understanding.
Compliance with the Law. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program.
Liabilitv Insurance. Care Center agrees to procure and maintain in force during the
term of this Memorandum of Understanding, and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by the City,
adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of one
million dollars ($ I ,000,000) combined single limit. Care Center shall provide to the
City's Parks, Recreation & Community Services Department, prior to serving any
meals, a certificate of insurance and an additional insured endorsement, which provides:
A. City of San Bernardino as an additional named insured.
B. The insurance company name, policy number, period of coverage, and amount of
insurance.
C. That the Parks, Recreation & Community Services Department of the City of San
Bernardino must be given notice in writing at least thirty days prior to cancellation,
material change, or refusal to renew the policy.
D. That Care Center's insurance will be primary to any coverage the City of San
Bernardino may have in effect.
Religious Activities Prohibited. Religious worship, instruction, or proselytization
shall not be instigated as part of or in connection with the performance of the
Memorandum of Understanding.
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VII.
VIII.
IX.
Hold Hannless Bv Care Center.
Care Center shall hold City, its elective and
appointive boards, connnissions, officers, agents, and employees, hannless from any
liability for damage or claims for damage, including all claims for personal injury,
including death, claims for property damage and any and all other claims for liability,
which may arise from the duties performed by Care Center under this Memorandum of
Understanding, whether such duties be by Care Center, or by anyone or more persons
directly or indirectly employed by, or acting as agent for Care Center. Care Center shall
defend City and its elective and appointive boards, connnission, officers, agents, and
employees from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any such duties.
Hold Hannless Bv Citv. City shall hold Care Center, its officers, directors, agents,
and employees, hannless from Liability for damage or claims for damage, including all
claims for personal injury including death, claims for property damage and any an all
other claims for liability, which may arise from the duties performed by City under this
Memorandum of Understanding, whether such operations be by City, or by anyone or
more persons directly or indirectly employed by, or acting as agent for the City. City
shall defend Care Center and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages caused, or alleged to have been caused,
by reason of any such operations.
Indeoendent Contractor Provision. This Memorandum of Understanding does not
constitute the hiring by either party. It is the parties' intention that so far as shall be in
conformity with the law, City will be an independent contractor and not Care Center's
employee. In conformity therewith, City retains sole and absolute discretion and
judgement in the manner and means of carrying out the duties of City under this
agreement. Therefore, the parties hereto are, and shall remain, independent contractors
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X.
XI.
XII.
bound by the provisions thereof. City is under the control of Care Center as to the result
of City's work only, and not as to the manner and means by which such result is
accomplished.
Attornev Fees Provisions. If any legal action or arbitration is necessary to enforce or
interpret the terms of this agreement, the prevailing party shall be entitled to the
reasonable attorney's fees, in addition to any other relief to which he/she may be
entitled. The costs, salary, and expenses of he City Attorney and members of his office
in enforcing this contract on behalf of the City shall be considered as "attorney's fees"
for the purpose of this paragraph.
Notices.
All notices to the parties arising as a result of this Memorandum of
Understanding shall be in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
Care Center
City
Temple Community Senior Center
T. Hughes Building
1777 Baseline Ave.
San Bernardino, Ca. 92411
Parks, Rec. & Com. Svs. Dept.
547 N. Sierra Way
San Bernardino, CA 92410
Entire Agreement. This agreement contains the entire agreement of the parties with
respect to the matters covered by this agreement, and no other agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
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year first herein written above.
TEMPLE COMMUNITY SENIOR CENTER
By:
Title:
Approved as to form
And legal content:
James F. Penman
City Attorney
By:
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE VICTORIA WOODS SENIOR APARTMENTS
COMPLEX RELATING TO A SENIOR NUTRITION PROGRAM.
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 or her designee is hereby
authorized and directed to execute on behalf of said City, a Memorandum of Understanding
with Victoria Woods Senior Apartments Complex relating to a Seniors Nutrition Program, a
copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within 120 days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE VICTORIA WOODS SENIOR APARTMENTS
COMPLEX RELATING TO A SENIOR NUTRITION PROGRAM.
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 the
, 2004, by the following vote, to wit:
_ day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of
, 2004, by and between the City of San Bernardino, a municipal
corporation hereinafter referred to as "City" and the Victoria Woods Senior Apartments
Complex hereinafter referred to as "Care Center."
City and Care Center agree as follows:
I. This Memorandum of Understanding is made with reference to the following facts and
objectives:
A. City currently operates a Senior Nutrition Program, which program is the subject of
a contract between the County of San Bernardino Office of Aging and City of San
Bernardino.
B. The parties desire to establish a nutrition site for seniors at the Care Center site with
no fees being charged to either party.
C. Term.
This Memorandum of Understanding shall be effective immediately
upon the date set forth above, and shall continue in effect for a period of one years
subject to termination by either party for any reason upon thirty days written notice
to the party; provided, however that should County, State or Federal funding for the
Senior Nutrition Program cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to Care Center.
II. Duties of Care Center. Care Center shall:
A. Prepare a Daily Listing
I. The Food Service Delivery person will provide a daily requisition form to
the site each day. All persons less than sixty (60) years of age shall be so
identified on said listing and will pay the set price for senior under (60)
years.
2. The original shall be retained at the 5th Street Senior Center administration
site.
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3. If a holiday falls during the week the Program Director of the Care Center
will initiate a timely contact with the supervisor of the City's nutrition
program. The Program Director of the Care Center will notifY the Food
Service Supervisor II of the Senior Nutrition Program that alternative
arrangements have been made.
B. Donations will be given daily and they will be placed in a donation box that will be
placed in area where confidentiality will be assured. The donation box will be picked up
at the end of the meal service hour and delivered to the program main office by the
Food Service Delivery person for counting, logging and deposits.
C. Donation Confidentiality: The Care Center will provide an area where the donation box
can be placed that will assure total confidentiality to the seniors as they place their
donation into the box.
D. Care Center shall conform to all provIsions of the Civil Rights Act of 1964, as
amended.
E. Care Center shall allow placement of a sign to be furnished by City with substantially
the following language:
TO WHOM IT MAY CONCERN
The Senior Nutrition Program shall not be
responsible for any food removed from this site
by participants following the serving of a
regularly scheduled nutrition meal.
F. The Care Center shall provide volunteer/volunteers to assist in the serving of the
meals and in keeping the kitchen cleaned and organized.
THE CITY OF SAN BERNARDINO
G. The City shall provide all utensils and one personnel required for the service of food
to its clientele.
Changes.
City or Care Center may request changes in the scope of services of
either party to be performed under this Memorandum of Understanding. Said changes,
including an increase or decrease in the amount of delivery or the days of service must
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IV.
V.
including an increase or decrease in the amount of delivery or the days of service must
be mutually agreed upon by City and Care Center, and must be incorporated in written
amendment to this Memorandum of Understanding.
Comoliance with the Law. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program.
Liabilitv Insurance. Care Center agrees to procure and maintain in force during the
term of this Memorandum of Understanding, and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by the City,
adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of one
million dollars ($1,000,000) combined single limit. Care Center shall provide to the
City's Parks, Recreation & Community Services Department, prior to serving any
meals, a certificate of insurance and an additional insured endorsement, which provides:
A. City of San Bernardino as an additional named insured.
B. The insurance company name, policy number, period of coverage, and amount of
msurance.
VI.
C. That the Parks, Recreation & Community Services Department of the City of San
Bernardino must be given notice in writing at least thirty days prior to cancellation,
material change, or refusal to renew the policy.
D. Care Center's insurance will be primary to any coverage the City of San Bernardino
may have in effect.
Religious Activities Prohibited. Religious worship, instruction, or proselytization
shall not be instigated as part of or in connection with the performance of the
Memorandum of Understanding.
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VII. Hold Harmless Bv Care Center. Care Center shall hold City, its elective and
appointive boards, commissions, officers, agents, and employees, harmless from any
liability for damage or claims for damage, including all claims for personal injury,
including death, claims for property damage and any and all other claims for liability,
which may arise from the duties performed by Care Center under this Memorandum of
Understanding, whether such duties be by Care Center, or by anyone or more persons
directly or indirectly employed by, or acting as agent for Care Center. Care Center shall
defend City and its elective and appointive boards, commission, officers, agents, and
employees from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any such duties.
VIII. Hold Harmless Bv Citv. City shall hold Care Center, its officers, directors, agents,
and employees, harmless from Liability for damage or claims for damage, including all
claims for personal injury including death, claims for property damage and any an all
other claims for liability, which may arise from the duties performed by City under this
Memorandum of Understanding, whether such operations be by City, or by anyone or
more persons directly or indirectly employed by, or acting as agent for the City. City
shall defend Care Center and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages caused, or alleged to have been caused,
by reason of any such operations.
IX. Independent Contractor Provision. This Memorandum of Understanding does not
constitute the hiring by either party. It is the parties' intention that so far as shall be in
conformity with the law, City will be an independent contractor and not Care Center's
employee. In conformity therewith, City retains sole and absolute discretion and
judgement in the manner and means of carrying out the duties of City under this
agreement. Therefore, the parties hereto are, and shall remain, independent contractors
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X.
XI.
bound by the provisions thereof. City is under the control of Care Center as to the result
of City's work only, and not as to the manner and means by which such result is
accomplished.
Attornev Fees Provisions. If any legal action or arbitration is necessary to enforce or
interpret the terms of this agreement, the prevailing party shall be entitled to the
reasonable attorney's fees, in addition to any other relief to which he/she may be
entitled. The costs, salary, and expenses of he City Attorney and members of his office
in enforcing this contract on behalf of the City shall be considered as "attorney's fees"
for the purpose of this paragraph.
Notices.
All notices to the parties arising as a result of this Memorandum of
Understanding shall be in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
Care Center
City
Victoria Woods Senior
Apartments Complex
1095 Kendall Drive
San Bernardino, Ca. 92407
Parks, Rec. & Com. Svs. Dept.
547 N. Sierra Way
San Bernardino, CA 92410
XII.
Entire Agreement.
This agreement contains the entire agreement of the parties with
respect to the matters covered by this agreement, and no other agreement shall be
binding or valid.
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IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
year first herein written above.
VICTORIA WOODS SENIOR
APARTMENTS COMPLEX
CITY OF SAN BERNARDINO
By:
By:
Title:
Judith Valles, Mayor
City of San Bernardino
Approved as to form
And legal content:
James F. Penman
City Attorney
By:
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND LIGHTHOUSE FOR THE BLIND TO PROVIDE A MEAL
SERVING SITE FOR THE SENIOR NUTRITION PROGRAM.
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 or her designee is hereby
authorized and directed to execute on behalf of said City, a Memorandum of Understanding
with Lighthouse for the Blind relating to a meal serving site for the Senior Nutrition Program, a
copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within 120 days following effective date ofthe resolution.
III
III
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III
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III
III
III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND LIGHTHOUSE FOR THE BLIND TO PROVIDE A MEAL
SERVING SITE FOR THE SENIOR NUTRITION PROGRAM.
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 the
_ day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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day of
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
, 2004, by and between the City of San Bernardino, a municipal
corporation hereinafter referred to as "City" and the Lighthouse for the Blind hereinafter
referred to as "Care Center."
City and Care Center agree as follows:
ill. This Memorandum of Understanding is made with reference to the following facts and
objectives:
D. City currently operates a Senior Nutrition Program, which program is the subject of
a contract between the County of San Bernardino Office of Aging and City of San
Bernardino.
E. The parties desire to establish a nutrition site for seniors at the Care Center site with
no fees being charged to either party.
F. Term.
This Memorandum of Understanding shall be effective immediately
upon the date set forth above, and shall continue in effect for a period of one years
subject to termination by either party for any reason upon thirty days written notice
to the party; provided, however that should County, State or Federal funding for the
Senior Nutrition Program cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to Care Center.
Duties of Care Center. Care Center shall:
A. Prepare a Daily Listing
4. The Food Service Delivery person will provide a daily requisition form to
the site each day. All persons less than sixty (60) years of age shall be so
identified on said listing and will pay the set price for senior under (60)
years.
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5. The original shall be retained at the 5th Street Senior Center administration
site.
6. If a holiday falls during the week the Program Director of the Care Center
will initiate a timely contact with the supervisor of the City's nutrition
program. The Program Director of the Care Center will notify the Food
Service Supervisor II of the Senior Nutrition Program that alternative
arrangements have been made.
H. Donations will be given daily and they will be placed in a donation box that will be
placed in area where confidentiality will be assured. The donation box will be
picked up at the end of the meal service hour and delivered to the program main
office by the Food Service Delivery person for counting, logging and deposits.
I. Donation Confidentiality: The Care Center will provide an area where the donation
box can be placed that will assure total confidentiality to the seniors as they place
their donation into the box.
1. Care Center shall conform to all provisions of the Civil Rights Act of 1964, as
amended.
K. Care Center shall allow placement of a sign to be furnished by City with
substantially the following language:
TO WHOM IT MAY CONCERN
The Senior Nutrition Program shall not be
responsible for any food removed from this site
by participants following the serving of a
regularly scheduled nutrition meal.
L. The Care Center shall provide volunteer/volunteers to assist in the serving of the
meals and in keeping the kitchen cleaned and organized.
THE CITY OF SAN BERNARDINO
M. The City shall provide all utensils and one personnel required for the service of food
to its clientele.
III.
Changes.
City or Care Center may request changes in the scope of services of
either party to be performed under this Memorandum of Understanding. Said changes,
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IV.
V.
including an increase or decrease in the amount of delivery or the days of service must
be mutually agreed upon by City and Care Center, and must be incorporated in written
amendment to this Memorandum of Understanding.
Compliance with the Law. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program.
Liabilitv Insurance. Care Center agrees to procure and maintain in force during the
term of this Memorandum of Understanding, and any extension thereof, at its expense,
public liability insurance in companies and through brokers approved by the City,
adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of one
million dollars ($1,000,000) combined single limit. Care Center shall provide to the
City's Parks, Recreation & Community Services Department, prior to serving any
meals, a certificate of insurance and an additional insured endorsement, which provides:
E. City of San Bernardino as an additional named insured.
F. The insurance company name, policy number, period of coverage, and amount of
Insurance.
VI.
G. That the Parks, Recreation & Community Services Department of the City of San
Bernardino must be given notice in writing at least thirty days prior to cancellation,
material change, or refusal to renew the policy.
H. That Care Center's insurance will be primary to any coverage the City of San
Bernardino may have in effect.
Religious Activities Prohibited. Religious worship, instruction, or proselytization
shall not be instigated as part of or in connection with the performance of the
Memorandum of Understanding.
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VII. Hold Harmless Bv Care Center. Care Center shaU hold City, its elective and
appointive boards, commissions, officers, agents, and employees, harmless from any
liability for damage or claims for damage, including aU claims for personal injury,
including death, claims for property damage and any and aU other claims for liability,
which may arise from the duties performed by Care Center under this Memorandum of
Understanding, whether such duties be by Care Center, or by anyone or more persons
directly or indirectly employed by, or acting as agent for Care Center. Care Center shall
defend City and its elective and appointive boards, commission, officers, agents, and
employees from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any such duties.
VIII. Hold Harmless Bv Citv. City shall hold Care Center, its officers, directors, agents,
and employees, harmless from Liability for damage or claims for damage, including aU
claims for personal injury including death, claims for property damage and any an aU
other claims for liability, which may arise from the duties performed by City under this
Memorandum of Understanding, whether such operations be by City, or by anyone or
more persons directly or indirectly employed by, or acting as agent for the City. City
shall defend Care Center and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages caused, or alleged to have been caused,
by reason of any such operations.
IX. Indeoendent Contractor Provision. This Memorandum of Understanding does not
constitute the hiring by either party. It is the parties' intention that so far as shall be in
conformity with the law, City will be an independent contractor and not Care Center's
employee. In conformity therewith, City retains sole and absolute discretion and
judgement in the manner and means of carrying out the duties of City under this
ÿagreement. Therefore, the parties hereto are, and shall remain, independent contractors
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X.
XII.
XII.
bound by the provisions thereof. City is under the control of Care Center as to the result
of City's work only, and not as to the manner and means by which such result is
accomplished.
Attornev Fees Provisions. If any legal action or arbitration is necessary to enforce or
interpret the terms of this agreement, the prevailing party shall be entitled to the
reasonable attorney's fees, in addition to any other relief to which he/she may be
entitled. The costs, salary, and expenses of he City Attorney and members of his office
in enforcing this contract on behalf of the City shall be considered as "attorney's fees"
for the purpose ofthis paragraph.
Notices.
All notices to the parties arising as a result of this Memorandum of
Understanding shall be in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
Care Center
City
Lighthouse for the Blind
762 North Sierra Way
San Bernardino, CA 92410
Parks, Rec. & Com. Svs. Dept.
547 N. Sierra Way
San Bernardino, CA 92410
Entire Agreement. This agreement contains the entire agreement of the parties with
respect to the matters covered by this agreement, and no other agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
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year first herein written above.
LIGHTHOUSE FOR THE BLIND
By:
Title:
Approved as to form
And legal content:
James F. Penman
City Attorney
By:
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
City of San Bernardino