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RESOLUTION NO.
87-357
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH G & K M&~AGEMENT
COMPANY 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 hereb
authorized and directed to execute on behalf of said City a
Memorandum of Understanding with G & K Management Company relatin
to a nutrition for seniors program, a copy of which is attached
hereto marked Exhibit "An 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
, 1987, by the following vote,
day of
October
to wit:
AYES:
Council Members
Reilly, Flores, Maudsley, Minor,
Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, Miller
/.Ar{ff~e~
The foregoing resolution is hereby approved this 7;!--,[ day
,
of
October
, 1987.
of the City of San Bernarmn
Approved as to form and legal content:
~
$: .
Ci~ Attorne
a I") A IQ7
1 MEMORANDUM OF UNDERSTANDING
2 (Nutrition for Seniors Program)
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into
4 this day of , 1987, by and between the
5 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6 referred to as "City", and G & K MANAGEMENT COMPANY, hereinafter
7 referred to as "Company".
8 City and Company agree as follows:
9 1. This Memorandum of Understanding is made with reference
10 to the following facts and objectives:
11 A. City currently operates a Nutrition for Seniors
12 Program, which program is the subject of a contract between the
13 County of San Bernardino Office on aging and the City of San
14 Bernardino.
15 B. The parties desire to establish a Senior Citizen
16 Nutrition site at the Beautiful Light Inn, 1365 North Waterman
17 Avenue, San Bernardino, California, 92404, a private, Department
18 of Housing Urban Development (HUD) subsidized senior citizen
19 housing unit. Company owns and operates that facility.
20 2. Term. This Memorandum of Understanding shall be effect-
21 ive immediately, with providing of meals to start within ten
22 days after execution hereof, and shall continue in effect for
23 a period of one year subject to termination by either party for
24 any reason upon thirty days written notice to the other party.
25 3. Duties of Company. Company shall:
26 A. Provide suitable and adequate space within the
27 Recreation Room of the Beautiful Light Inn to accommodate the
28 program.
1 B. Provide all necessary volunteers to serve the
2 clientele.
3 C. Ensure that adherence to all Health Code require-
4 ments is maintained, including but not limited to those pertaining
5 to sanitation and food handling principles, and that all volun-
6 teers maintain current food handler certificate available from the
7 County of San Bernardino.
8 D. Safeguard any equipment furnished by the City.
9 E. Collect donations for meals and maintain accounta-
10 bility on all meal donations collected in accordance with the
11 following:
12 1)
13 The signature
14 the list.
15 2)
Company shall prepare a list of all meal recipients.
of the recipient shall appear next to their name on
Suggested donation for all Senior Nutrition Program
16 meals is one dollar and fifty cents ($1.50) but no attempt shall
17 be made to determine the amount of donation made by any qualifying
18 recipient, nor shall any coercion be used in collecting said sum.
19 3) Sixty years is the qualifying minimum age for
20 participation in the Senior Nutrition Program, but spouses of
21 qualifying senior citizens need not be sixty years of age to
22 participate when accompanied by the qualifying person. Any other
23 person not qualified by age may be sponsored by a qualifying senio
24 but shall pay the sum of three dollars and ten cents ($3.10) for
25 the meal. A receipt shall be issued whenever the three dollar and
26 ten cent charge is paid.
27 4) Non-senior citizen handicapped individuals may
28 participate on the same "donation requested" basis as a senior
2
1 citizen. For accountability purposes, the letter "H" shall be
2 noted next to the name of the handicapped participant.
S F. Non-senior citizen volunteer shall be required to
4 sign in on a separate daily meal accountability record, which
5 record shall include the hours worked for each individual.
6 G. Company shall conform to all provisions of the
7 Civil Rights Act of 1964, as amended.
8 H. Company shall allow placement of a sign to be fur-
9 nished by City with substantially the following language in the
10 recreation room of the Beautiful Light Inn:
11 "TO WHOM IT MAY CONCERN
12 The Senior Citizen Nutrition Program shall
IS not be responsible for any food removed
14 from this site by participants following
15 the serving of a regularly scheduled
16 nutritional meal.
17 THE CITY OF SAN BERNARDINO"
18 4. Changes. City or Company may request changes in
19 the scope of services of either party to be performed under this
20 Memorandum of understanding. Said changes, including an increase
21 or decrease in the amount of delivery or the days of service, must
22 be mutually agreed upon by City and Company, and must be incor-
23 porated in written amendment to this Memorandum of Understanding.
24 5. Compliance with the Law. Company shall comply with
25 all applicable laws, ordinances and codes of the Federal, State
26 and Local Governments, including but not limited to those per-
27 taining to the Senior Nutrition Program.
28 ///
3
1 6. Liability Insurance. Company a~rees to procure and
2 maintain in force during the term of this Memorandum of Under-
3 standing, and any extension thereof, at its expense, public
4 liability insurance in companies and through brokers approved by
5 the City, adequate to protect against liability for damage claims
6 arising out of Company's operations under this Memorandum of
7 Understanding in a minimum amount of One Million Dollars
8 ($1,000,000) combined single limit. Company shall provide the
9 City's Risk Managment Division a certificate of insurance and an
10 additional insured endorsement which provides:
11 A. City of San Bernardino is an additional named
12 insured.
13 B. The insurance company name, policy number, period
14 of coverage, and amount of insurance.
15 C. That the City Clerk of the City of San Bernardino
16 must be given notice in writing at least thirty days prior to
17 cancellation, material change, or refusal to renew the policy.
18 D. That Company's insurance will be primary to any
19 coverage the City of San Bernardino may have in effect.
20 7. Political Activity Prohibited. Funds, materials,
21 property or services contributed by Office on Aging or City under
22 this Memorandum of Understanding shall not be used for any part i-
23 cipant political activity, or to further the election or defeat
24 of any candidate for public office.
25 8. Reliqious Activities Prohibited. Religious, wor-
26 ship, instruction or proselytization shall not be instigated as
27 part of or in connection with the performance of this Memorandum
28 of Understanding.
4
1
9. Hold Harmless. Company shall hold City, its
2 elective and appointive boards, commissions, officers, agents and
3 employees, harmless from any liability for damage or claims for
4 damage, including all claims for personal injury, including death,
5 claims for property damage and all other claims or liability
6 which may arise from City's operations under this Memorandum of
7 Understanding, whether such operations be by City or by anyone
8 or more persons directly or indirectly employed by, or acting as
9 agent for, City. Company shall defend City and its elective and
10 appointive boards, commissions, officers, agents and employees
11 from any suits or actions at law or in equity for damages caused,
12 or alleged to have been caused, by reason of any of such operation
13
10. Notices. All notices to the parties arising
14 as a result of this Memorandum of Understanding shall be in writin
15 and delivered in person or sent by certified mail, postage prepaid
16 return receipt requested, addressed as follow:
17
18
19
20
COMPANY
CITY
Mr. Bill Weber
Field Supervisor
G & K Management Company
1550 Overland Avenue
Culver City, CA. 90231
Director of Parks, Recreation
and Community Services
300 North "D" Street
San Bernardino, CA. 92418
21 ENTIRE AGREEMENT: This agreemmt contains the entir
22 agreement of the parties with respect to the matters covered by
23 this agreement, and no other agreement statement or promise made
24 by any party which is not contained in this agreement shall be
25 binding or valid.
26 IN WITNESS ~~EREOF, the parties hereto have sub-
27 scribed their names the day and year first herein written above.
28 III
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1
2
3 ATTEST:
4
5
6 City Clerk
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12
CITY OF SAN BERNARDINO
By:
Mayor
G & K MANAGEMENT COMPANY
By{)!4~~71 ~~t;L
Title ~Af;J-'^-
13 Approved as to form and legal content:
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