HomeMy WebLinkAbout1987-355
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RESOLUTION NO. 87-355
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND
SENIOR CENTER RELATING TO A NUTRITION FOR SENIORS 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
is hereby authorized and directed to execute on behalf of said
City a Memorandum of Understanding with Highland Senior Center
relating to a nutrition for seniors program, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on
the 5th
day of
Oc tober
, 1987, by the
following vote, to wit:
AYES:
Couci.l Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, Miller
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;' C~ty C erk
9/24/87
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1 MEMORANDUM OF UNDERSTANDING
2 (Nutrition for Seniors Program)
3 THIS MEMORANDUM OF UNDERSTANDING is made and
4 entered into this /tJ,cL day of Y)u~.I) ,1987, by
5 and between the City of San Bernardino, a municipal corporation,
6 hereinafter referred to as "City", and the Highland Senior
7 Center, Highland District Council on Aging, Inc., hereinafter
8 referred to as the "Center".
9 City and Center Agree as Follows:
10 1. This Memorandum of Understanding is made with
11 reference to the following facts and objectives:
12 A. City currently operates a Nutrition for Seniors
13 Program, which program is the subject of a contract between
14 the County of San Bernardino Office on Aging and the City
15 of San Bernardino.
16 B. The parties desire to formalize a Senior Citizen
17 Nutrition Site at 3102 East Highland, Highland, California
18 92346, a private, non-profit facility serving senior citizens.
19 Center sub-leases the facility from the County of San Bernardino
20 Office on Aging which leases the facility from the State of
21 California Department of Health.
22 2. Term. This Memorandum of Understanding shall be
23 effective immediately, and shall continue in effect for a period
24 of one year subject to termination by either party for any
25 reason upon thirty days' written notice to the other party,
26 provided, however, that should county, state or federal funding
27 for the Nutrition for Seniors Program cease dr decrease, City
28 may unilaterally terminate this Memorandum of Understanding
1 forthwith upon notification to Center.
2 3. Duties of Center. Center shall:
3 A. Provide suitable and adequate space for the conSQ~p-
4 tion of meals in a designated area and allow use of kitchen equip
5 ment in support of the serving of meals transported in bulk from
6 the Senior Center at 600 West Fifth Street, San Bernardino,
7 California.
8 B. Provide all necessary volunteers and any paid per-
9 sonne I it may contract for from any source.
10 C. Adhere to all Health Code requirements, including
11 but not limited to those pertaining to sanitation and food handlin
12 principles.
13 D. Safeguard any equipment furnished by the City.
14 E. Collect donations for meals and maintain accountabi-
15 lity on all meal donations in accordance with the following:
16 (1) Suggested donation for all Senior Nutrition
17 Program meals is one dollar and fifty cents ($1.50).
18 (2) Sixty years of age is the minimum age for
19 participation in the Senior Nutrition Program. A spouse of a
20 qualifying senior, regardless of age, may also participate on the
21 same donation basis when accompanied by the spouse who qualifies.
22 (3) Guests of seniors not sixty years of age
23 must pay a guest meal fee which is the actual cost of the meal.
24 Presently this fee is three dollars and ten cents ($3.10), but is
25 subject to revision based upon variations in participation which
26 affect the cost of each meal. Center shall be notified 3 months
27 in advance of any necessary revisions in this fee.
28 III
2
1 F. Senior Companion Program (SCP) and Adult Day Health
2 Care Center participants shall be required to sign in on a sepa-
3 rate daily meal accountability record.
4 G. Center shall conform to all provisions as stated by
5 the Civil Rights Act of 1964, as amended.
6 H. Center shall allow placement of a sign to be furn-
7 ished by City with substantially the following language in the
8 designated food consumption areas:
9 "TO WHOM IT MAY CONCERN
10 The Senior Citizens Nutrition Program shall
11 not be responsible for any food removed from
12 this site by participants following the
13 serving of a regularly scheduled nutri-
14 tional meal.
15 THE CITY OF SAN BERNARDINO"
16 4. Duties of the City. City shall:
17 A. Furnish a maximum of fifty complete meals (in bulk)
18 in accordance with the schedule below. With every such delivery
19 of food, City shall also provide such equipment as the City deems
20 necessary to transport and serve the food and supplies to facili-
21 tate the consumption of the food by meal recipients. City shall
22 further supply the form in which Center shall account for meals
23 served. Any exceptions to the items listed above shall be coordi-
24 nated between City and Center at least twenty-four (24) hours in
25 advance of the next scheduled delivery.
26 B. Schedule. City shall deliver the meals referenced
27 above on each day, Monday through Friday, between 12:00 noon
28 III
3
1 and 1:00 p.m. Deliveries shall not be made on holidays
2 on which either the City or Housing Authority does not operate.
3 A list of such delivery dates and holidays shall be exchanged
4 by the Senior Nutrition Project Director and the Housing
5 Authority Meal Program Director at the time of the execution
6 of this Memorandum of Understanding.
7 c. Provide a paid Nutrition Site Coordinator for
8 three hours per day the day on which meals are delivered,
9 between the hours of and , and sufficient
10 volunteers to administer the program, serve food, and clean
11 up after meals as determined by the Nutrition Project
12 Coordinator in his or her sole discretion.
13 5. Changes. City or Center may request changes in
14 the scope of services of either party to be performed under
15 this Memorandum of Understanding. Said changes, including an
16 increase or decrease in the amount of delivery or the days
17 of service, must be mutually agreed upon by City and Center,
18 and must be incorporated in written amendment to this
19 Memorandum of Understanding, except as provided in the "Term"
20 provision of this Memorandum of Understanding.
21 6. Compliance With the Law. Center shall comply
22 with all applicable laws, ordinances and codes of the federal,
23 state and local governments, including but not limited to
24 those pertaining to the Senior Nutrition Program.
25 7. Liability Insurance. Center agrees to procure
26 and maintain in force during the term of this Memorandum of
27 Understanding, and any extension thereof, at its expense,
28 public liability insurance in companies and through brokers
4
1 approved by the City, adequate to protect against liability for
2 damage claims arising out of .Center operations under this Memoran-
3 dum of Understanding in a minimum amount of One Million Dollars
4 ($1,000,000) combined single limit. Center shall provide to the
5 City's Risk Management Division a certificate of insurance and an
6 additional insured endorsement which provides:
7 A. City of San Bernardino is an additional named inslre
8 B. The insurance company name, policy number, period
9 of coverage, and amount of insurance.
10 C. That the City Clerk of the City of San Bernardino
11 must be given notice in writing at least thirty days prior to can-
12 cellation, material change, or refusal to renew the policy.
13 D. That Company's insurance will be primary to any
14 coverage the City of San Bernardino may have in effect.
15 8. Political Activity Prohibited. Funds, materials,
16 property or services contributed by the office on aging or City
17 under this Memorandum of Understanding shall not be used for any
18 participant political activity, or to further the election or de-
19 feat of any candidate for public office.
20 9. Religious Activities Prohibited. Religious worship,
21 instruction or proselytization shall not be instigated as part of
22 or in connection with the performance of this Memorandum of Under-
23 standing.
24 10. Hold Harmless. Center shall hold City, its elective
25 and appointive boards, commissions, officers, agents and employees
26 harmless from any liability for damage or claims for damage,
27 including all claims for property damage and any and all other
28 claims or liability which may arise from City's operations under
5
1 this Memorandum of Understanding, whether such operations, be by
2 City or by anyone or more persons directly or indirectly employed
3 by, or acting as agent for, city. Center shall defend City and
4 its elective and appointive boards, commissions, officers, agents
5 and employees from any suits or actions at law or in equity for
6 damages caused, or alleged to have been caused, by reason of any
7 of such operations.
8 11. Notice. All notices to the parties arising as a
9 result of this Memorandum of Understanding shall be in writing and
10 delivered in person or sent by certified mail, postage prepaid,
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return receipt requested, addressed as follows:
ASSOCIATION
CITY
Joanne Wyman, Director
Highland Senior Center
Highland District Council
on Aging, Inc.
3102 East Highland
P.o. Box 948
Highland, CA. 92346
Director of Parks, Recreation
and Community Services
300 North "D" Street
San Bernardino, CA. 92418
ENTIRE AGREEMENT:
This agreement contains the entire
agreement of the parties with respect to the matters covered by
this agreement, and no other agreement statement or promise made
by any party which is not contained in this agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed
23 their
24 III
25 III
26 III
27 III
28 III
names the day and year first herein written above.
6
.
1
2
3 ATTEST:
CITY OF SAN BERNARDINO
BYJv~ - J}1J#j
ayor
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10 Approved as to form
and legal content:
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HIGHLAND SENIOR CENTER
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