HomeMy WebLinkAbout1985-026
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RESOLUTION NO.
35-26
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH G & K MANAGEMENT
COMPANY, RELATING TO THE 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 is hereby authorized and directed to
execute on behalf of said City a memorandum of understanding with
G & K Management Company, relating to the Nutrition for Seniors
Program, which memorandum of understanding 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
requlRJ:
meeting thereof, held on
the :11"t
day of
~l'8.nuarv
, 1985, by the following
vote, to wit:
AYES:
Council Members Cast5ned~. ReilJ.v. Ilernandez;
Marks, Ouj.eJ.t Frazj.er, Strickle~
NAYS:
None
ABSENT:
None
I day of
ca'if<~0
The foregoing resolution is hereby approved this ~/?~
Januax....r
ino
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City t orney
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this //i"'.L day of ",- a~L ' 198,;5-, by and between
the CITY OF SAN BERNARDINO, a unicipal corporation, hereinafter
referred to as "City", and G & K MANAGEMENT COMPANY, hereinafter
referred to as "Company".
City and Company 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 the Beautiful Light Inn, 1365 North Waterman
Avenue, San Bernardino, California, 92404, a private, HUD
subsidized senior citizen housing unit. Company owns and
operates that facility.
2. Duties of Company. Company shall:
A. Provide suitable and adequate space within the
Recreation Room of the Beautiful Light Inn to accommodate the
program.
B. Provide all necessary volunteers to serve the
clientele.
C. Ensure that adherence to all Health Code
requirements is maintained, including but not limited to those
pertaining to sanitation and food handling principles, and that
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1 all volunteers maintain current food handlers certificates
2 available from the County of San Bernardino.
3 D. Safeguard any equipment furnished by the City.
4 E. Collect donations for meals and maintain
5 accountability on all meal donations collected in accordance with
6 the following:
7 (1) Suggested donation for all senior nutrition
8 program meals is one dollar and twenty-five cents, but no attempt
9 shall be made to determine the amount of donation made by any
10 qualifying recipient, nor shall any coercion be used in
11 collecting said sum.
12 (2) Sixty years is the qualifying minimum age for
13 participation in the senior nutrition program, but spouses of
14 qualifying senior citizens need not be sixty years of age to
15 participate when accompanied by the qualifying person. Any other
16 person not qualified by age may be sponsored by a qualifying
17 senior, but shall pay the sum of three dollars and fifty cents
18 for the meal. A receipt shall be issued whenever the three
19 dollar and fifty cent charge is made.
20 (3) Non-senior citizen handicapped individuals
21 may participate on the same "donation requested" basis as a
22 senior citizen. For accountability purposes, the letter "H"
23 shall be noted next to the name of the handicapped participant on
24 the daily meal accountability record.
25 F. Non-senior citizen volunteers shall be required to
26 sign in on a separate daily meal accountability record, which
27 record shall include the hours worked for each individual.
28 G. Company shall conform to all provisions of the
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1 Ci vi 1 Rights Act of 1964, as amended.
2 H. Company shall allow placement of a sign to be
3 furnished by City with substantially the following language in
4 the recreation room of the Beautiful Light Inn:
5 "TO WHOM IT MAY CONCERN
6 The Senior Citizen Nutrition Program shall not be
7 responsible for any food removed from this site by participants
8 following the serving of a regularly scheduled nutritional meal.
9 The City of San Bernardino"
10 3. Duties of City. City shall:
11 A. Furnish a maximum of fifty complete meals delivered
12 in bulk to the Beautiful Light Inn in accordance with the
13 schedule below. City shall also provide such equipment as the
14 City deems necessary to provide the food, consumable supplies,
15 selected utensils, donation envelopes, forms for accountability,
16 and a container for the donation envelopes.
17 B. The City shall provide the meals referenced above
18 Tuesday through Saturday, 11:30 a.m. to 12:30 p.m., inclusive of
19 all holidays. Pick up of donations and items to be processed by
20 City for subsequent meals shall be scheduled at or before 1:30
21 p.m. on serving days.
22 4. Changes. City or Company may request changes in the
23 scope of services of either party to be performed under this
24 Memorandum of Understanding. Said changes, including an increase
25 or decrease in the amount of delivery or the days of service,
26 must be mutua lly agreed upon by City and Company, and must be
27 incorporated in written amendment to this Memorandum of
28 Understanding.
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5. Compliance with the Law. Company 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.
6. Liability Insurance. Company 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 Company's operations under this Memorandum of
Understanding in a minimum amount of five hundred thousand
dollars ($500,000) combined single limit. Company shall provide
the City's Risk Management Division a certificate of insurance
and an additional insured endorsement which provides:
A. City of San Bernardino is an additional insured.
B. The insurance company name, policy number, period
of coverage, and amount of insurance.
C. That the City Clerk 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 Company's insurance will be primary to any
coverage the City of San Bernardino may have in effect.
7. Political Activity Prohibited. Funds, materials,
property or services contributed by Office on Aging or City under
this memorandum of understanding shall not be used for any
participant political activity, or to further the election or
defeat of any candidate for public office.
8. Religious Activities Prohibited. Religious worship,
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I instruction or proselytization shall not be instigated as part of
2 or in connection with the performance of this Memorandum of
3 Understanding;
4 9. Hold Harmless. Company shall hold City, its elective
5 and appointive boards, commissions, officers, agents and
6 employees, harmless from any liability for damage or claims for
7 damage, including all claims for personal injury, including
8 death, claims for property damage and any and all other claims or
9 liability which may arise from City's operations under this
10 Memorandum of Understanding, whether such operations be by City
11 or by anyone or more persons directly or indirectly employed by,
12 or acting as agent for, City. Company shall defend City and its
13 elective and appointive boards, commissions, officers, agents and
14 employees from any suits or actions at law or in equity for
15 damages caused, or a lleged to have been caused, by reason of any
16 of such operations.
17 10. Term. This Memorandum of Understanding shall be
18 effective immediately, with providing of meals to start within
19 ten days after execution hereof, and shall continue in effect for
20 a period of one year subject to termination by either party for
21 any reason upon thirty days written notice to the other party.
22 11. Notices. All notices to the parties arising as a
23 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:
/ / / / / /
/ / / / / /
/ / / / / /
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COMPANY
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Mr. Richard Swann
Head Superiri sor
G & K Management Company
1550 Overland Avenue
Culver City, CA 90231
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CITY
Director of Parks, Rec.
and Community Services
300 North "D" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties hereto have subscribed their
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names the day and year first herein written above.
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ATTEST:
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~~~Ab
e'i ty C1 er
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Approved as to form:
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CITY OF SAN BERNARDI
G & K MANAGEMENT COMPANY
By
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