HomeMy WebLinkAbout1987-358
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RESOLUTION NO. 87-358
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE HOUSING
AUTHORITY OF THE COUNTY OF SAN BERNARDINO RELATING TO A
NUTRITION FOR SENIORS PROGRAM
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
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 the Housing Authority
of the County of San Bernardino 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 CERTIFYtlat the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
regular
meeting thereof,
San Bernardino at a
held on the 5th
October
, 1987, by the
day of
following vote, to wit:
AYES: Council Members Reilly, Flores, Maudsley, Minor,
Pope-Ludlam
NAYS: None
ABSENT: Council Members Estrada, Miller
A6?{47?~~M
/ C~ty C erk
9/24/87
,
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The foregoing resolution is hereby approved this
7cb day of
/
Approved as to form
and legal content:
9.~
ty Attorney
9/24/87
October
, 1987.
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cJ
o. i",,eL
~\ THIS MEMOR&~DUM OF UNDERSTANDING is made and entered
into on this day of , 1987, by and
between the City of San Bernardino, a municipal corporation,
hereinafter referred to as "City", and the Housing Authority
of the County of San Bernardino, a body corporate and politic
and a political subdivision of the State of California,
hereinafter referred as "Housing Authority".
City and Housing Authority agree as follows:
1. This Memorandum of Understanding is made with
reference to the following facts and objectives:
A. City currently operates a Nutrition for
Seniors program, which program is the subject of a contract
between the County of San Bernardino Office on Aging and
the City of San Bernardino.
B. The parties desire to establish a Senior
Citizen Nutrition site at 1755 Maple Street, San Bernardino,
California 92411.
2. Term. This Memorandum of understanding shall be
effective immediately, with provision of meals to start
within ten days after execution hereof, and shall continue in
effect for a period of one year subject to termination by
either party for any reason upon thirty days' written notice
to the other party; provided, however, that should county,
state or federal funding for the Nutrition for Seniors Program
cease or decrease, City may unilaterally terminate this
Memorandum of Understanding forthwith upon notification to
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
1 Housing Authority.
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5 building at 1755 Maple Street, San Bernardino, to accomodate the
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3.
Duties of Housing Authority.
Housing Authority
shall:
A.
Provide suitable and adequate space within the
program.
of meals
B. Permit use of the kitchen facilities for the serving I
which shall be transported in bulk from the Senior
9 Center at 600 West Fifth Street, San Bernardino.
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C. Maintain the building and provide utilities for the
11 use of the nutrition program as required.
12 D. Provide janitorial/custodial services other than
13 those specifically related to the serving of meals which shall be
14 the responsibility of the City.
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E. Designate any employee to be responsible for the
16 scheduling of the use of the meeting room.
The employee shall
17 require that the room be available to the City at the time desig-
18 nated for the preparation, serving and clean-up associated with
19 the Nutrition for Seniors Program. If a scheduling conflict
20 develops with the County Department of Health's Women, Children
21 and Infant Program (WIC), WIC shall have the priority for the
22 use of the meeting room and an alternate space for the serving
23 of meals shall be provided for the Nutrition for Seniors Program.
24 Upon the occurrence of such scheduling conflict, the City shall be
25 notified of the conflict twenty four hours in advance. The
26 alternate space for the Senior Nutrition Program shall be posted
27 in advance and otherwise made known to the Senior Nutrition Pro-
28 gram staff and clientele.
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1 F. Safeguard any equipment furnished by the City.
2 G. Housing Authority shall conform to all provisions
3 of the Civil Rights Act of 1964, as amended.
4 H. Housing Authority shall allow placement of a sign
5 to be furnished by the City with substantially the following
6 language in the meeting room of 1755 Maple Street:
7 TO WHOM IT MAY CONCERN
8 The Senior Citizen Nutrition Program shall
9 not be responsible for any food removed
10 from this site by participants following the
11 serving of a regularly scheduled nutritional
12 meal.
13 THE CITY OF SAN BERNARDINO
14 4. Duties of the City. City shall:
15 A. Furnish a maximum of fifty complete meals (in bulk)
16 in accordance with the schedule below. With every such delivery
17 of food, City shall also provide such equipment as the City deems
18 necessary to transport and serve the food and supplies to facili-
19 tate the consumption of the food by meal recipients. City shall
20 further supply the forms on which Housing Authority shall account
21 for meals served. Any exceptions to the items listed above shall
22 be coordinated between City and Housing Authority at least twenty
23 four (24) hours in advance of the next scheduled delivery.
24 B. Schedule. City shall deliver the meals referenced
25 above on each day, Monday through Friday, between 12:00 noon and
26 1:00 p.m. Deliveries shall not be made on holidays on which
27 either the City or Housing Authority does not operate. A list of
28 such delivery dates and holidays shall be exchanged by the Senior
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1 Nutrition Project Director and the Housing Authority Meal Program
2 Director at the time of the execution of this Memorandum of
3 Understanding.
4 C. Provide a paid Nutrition site Coordinator for three
5 hours per day the day on which meals are delivered, between the
6 hours of and , and sufficient volunteers to
7 administer the program, serve food, and clean up after meals as
8 determined by the Nutrition project Coordinator in his or her sole
9 discretion.
10 5. Changes. City or Housing Authority may request
11 changes in the scope of services of either party to be performed
12 under this Memorandum of Understanding. Said changes shall not
13 become effective until incorporated as an amendment to this
14 Memorandum of Understanding.
15 6. Compliance with the Law. Housing Authority shall
16 comply with all applicable laws, ordinances and codes of the
17 Federal, State and Local Governments, including but not limited
18 to those pertaining to the Senior Nutrition Program.
19 7. Liability Insurance. The Housing Authority of the
20 City of San Bernardino agrees to provide to the City's Risk
21 Management Division a written notice of self-insurance and an
22 additional endorsement which provides:
23 A. That any claim arising against the City of San
24 Bernardino from acts committed pursuant to this agreement shall
25 be covered under any plan of self-insurance utilized by the
26 III
27 III
28 III
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1 by the Housing Authority during the life of this contract or any
2 extension thereof.
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B. That the City Clerk of the City of San Bernardino
must be given notice in writing of any material change in such
plan of self-insurance at least thirty days prior to such change.
C. That the Housing Authority's insurance indemnity
plan of self-insurance will be primary in coverage of any claim
arising from acts executed in the performance of this agreement
9 to any coverage the City of San Bernardino may have in effect.
10 8. Political Activity Prohibited. Funds, materials,
11 property or services contributed by the office on aging or City
12 under this Memorandum of Understanding shall not be used for any
13 participant political activity or to further the election or
14 defeat of any candidate for public office.
15 9. Religious Activities Prohibited. Religious worship,
16 instruction or proselytization shall not be instigated as part
17 of or in connection with the performance of this Memorandum of
18 Understanding.
19 10. Hold Harmless. Housing Authority shall hold City,
20 its elective and appointive boards, commissions, officers, agents
21 and employees, harmless from any liability for damage or claims
22 for damage, including all claims for personal injury, including
23 death, claims for property damage and any and all other claims
24 or liability which may arise from City's operations under this
25 Memorandum of Understanding, whether such operations be by City
26 or by anyone or more persons directly or indirectly employed by,
27 or acting as agent for, City. Housing Authority shall defend
28 City and its elective and appointive boards, commissions, officers
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1 agents and employees from any suits or actions at law or in equity
2 for damages caused, or alleged to have been caused, by reason of
3 any of such operations.
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11. Notices. All notices to the parties arising as a
5 result of this Memorandum of Understanding shall be in writing
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and delivered in person or sent by certified mail, postage prepaid
return receipt requested, addressed as follows:
HOUSING AUTHORITY
CITY
Albert Harkins, Executive Director
Housing Authority of the County
of San Bernardino
1053 North "0" Street
11 San Bernardino, CA. 92410
Director of Parks, Recreation
and Community Services
300 North "0" Street
San Bernardino, CA. 92418
12 ENTIRE AGREEMENT: This agreement contains the entire
13 agreement of the parties with respect to the matters covered by
14 this agreement, and no other agreement statement or promise made
15 by any party which is not contained in this agreement shall be
16 binding or valid.
17 IN WITNESS WHEREOF, the parties hereto have subscribed
18 their~ames the day and year first herein written above.
19 CITY OF SAN BERNARDINO
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By:
Mayor
23 ATTEST:
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HOUSING AUTHORITY
City Clerk
By:
Approved as to form and legal content:
/)
~1P~
y Attorney