HomeMy WebLinkAbout1985-027
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.\
RESOLUTION NO.
85-27
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MENTAL HEALTH
ASSOCIATION OF SAN BERNARDINO COUNTY, 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
the Mental Health Association of San Bernardino County, 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
requlay
meeting thereof, held on
the 7.Jst day of
,Janue.rv
, 1985, by the following
vote,
to wi t :
AYES:
Council Members Castaneda. Re;JJy. H~rnande7.
I
,I
I
I
I
!I
II
Ii
,I
I:
II
!
day of
H8.Tks, Oniel. FT.'azier. St.rj cJ--;:ler
NAYS:
None
ABSENT:
None
c4ft~~d-
The foregoing resolution is hereby approved this ~~~~
, 1985.
~"anno.rv
ino
/
,
28
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1
I:
A7Zast~~
~ity A~
2
"'j>
/
1
MEMORANDUM OF UNDERSTANDING
2
(Nutrition for Seniors Program)
3
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this //& day of ~_ , 1985, by and between
the CITY OF SAN BERNARDINO, a unicipal corporation, hereinafter
4
5
6
referred to as "City", and the MENTAL HEALTH ASSOCIATION OF SAN
7
BERNARDINO COUNTY, hereinafter referred to "Association".
8
City and Association agree as follows:
9
1. This Memorandum of Understanding is made with reference
10
i
Ii to the following facts and objectives:
i:
Ii A. City currently operates a Nutrition For Seniors
'I
~ program, which program is the subject of a contract between the
Ii County of San Bernardino Office on Aging and the City of San
Bernardino.
11
12
13
14
15
B. The parties desire to establish a Senior Citizen
16 Nutrition site at 101 North "I" Street, San Bernardino,
17 California, 92410, a private, non-profit association facility
18 serving the mentally ill. Association leases the facility from
19 the Redevelopment Agency of the City of San Bernardino.
20
2. Duties of Association. Association shall:
21
I
I
I Recreation
Room at 101 North "I" Street to accommodate the
A. Provide suitable and adequate space within the
22
23
, program.
I
!
Provide all necessary employees and volunteers to
24
B.
I
i
I serve
I
I
!
Ensure that adherence to all Health Code
25
the clientele.
C.
26
27
I requirements is maintained, including but not limited to those
,
I
[pertaining to sanitation and food handling principles.
28
1 D. Safeguard any equipment furnished by the City.
2 E. Collect donations for meals and maintain
3 accountability on all meal donations collected in accordance with
4 the following:
5 (1) Suggested donation for all senior nutrition
6 program meals is one dollar and twenty-five cents.
7 (2) Sixty years is the qualifying minimum age for
8 participation in the senior nutrition program.
9 F. Senior citizen volunteers, Retired Senior Volunteer
10 Program (RSVP), and Senior Companion Program (SCP) participants
11 shall be required to sign in on a separate daily meal
12 accountability record, which record shall include the hours
13 worked for each individual.
14 G. Association shall conform to all provisions of the
15 Ci vii Rights Act of 1964, as amended.
16 H. Association shall allow placement of a sign to be
17 furnished by City with substantially the following language in
18 the recreation room of 101 North "I" Street:
19 "TO WHOM IT MAY CONCERN
20 The Senior Citizen Nutrition Program shall not be
21 responsible for any food removed from this site by participants
22 following the serving of a regularly scheduled nutritional meal.
23 The City of San Bernardino"
24 3. Duties of City. City shall:
25 A. Furnish a maximum of thirty complete individualized
26 meals in accordance with the schedule below. City shall also
27 provide such equipment as the City deems necessary to provide the
28 food, consumable supplies, forms for accountability, and/or
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 [,
19 II
20 ,I
II
21 II
22 I
I
23 I
24 Ii
"
"
25
26
27
28
T
"
,
Ii
II
II
II
II receipt of donation insofar as a third party may be necessary due
I
to the mental state of the clientele served.
B. The City shall provide the meals referenced above
Monday through Friday, 11:30 a.m. to 12:30 p.m., excluding all
holidays on which the Association does not operate. A list of
such dates shall be furnished to the City upon execution of this
Memorandum of Understanding. Delivery of meals shall be made by
the City Tuesday through Friday. Association shall pick up meals
each Monday at 123 North Mountain View Avenue. Pick up of
donations and items to be processed by City for subsequent meals
shall be scheduled at or before 1:30 p.m. on serving days.
4. Changes. City or Association 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 be mutually agreed upon by City and Association, and must be
incorporated in written amendment to this Memorandum of
Understanding, except as provided in the "Term" provision of this
Memorandum of Understanding.
5. Compliance with the Law. Association 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. Association 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
3
~
1
2
3
4
5
6
7
8
9
r
~
arising out of Association's operations under this Memorandum of
Understanding in a minimum amount of five hundred thousand
dollars ($500,000) combined single limit. Association shall
provide to 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
10 must be given notice in writing at least thirty days prior to
11 cancellation, material change, or refusal to renew the policy.
12
13 coverage the City of San Bernardino may have in effect.
D. That Association's insurance will be primary to any
14
7. Political Activity Prohibited. Funds, materials,
15 property or services contributed by Office on Aging or City under
16 this Memorandum of Understanding shall not be used for any
17 participant political activity, or to further the election or
18 defeat of any candidate for public office.
19
8. Religious Activities Prohibited. Religious worship,
20 instruction or proselytization shall not be instigated as part of
21 or in connection with the performance of this Memorandum of
22 Understanding.
23
9. Hold Harmless. Association shall hold City, its
24 elective and appointive boards, commissions, officers, agents and
25 employees, harmless from any liability for damage or claims for
26 damage, including all claims for personal injury, including
27 death, claims for property damage and any and all other claims or
28 liability which may arise from City's operations under this
4
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22 I
I
23 II
24 II
II
25 I
26
27
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, City. Association shall defend City and
its elective and appointive boards, commissions, 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
of such operations.
10. Term. This Memorandum of Understanding shall be
effective immediately, with provision of meals to start within
ten days after execution hereof, or within ten days after request
of Association, whichever is later, 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 Association.
11. 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:
ASSOCIATION
CITY
Mrs. June M. KIebel
Executive Director
Mental Health Association of
San Bernardino County
101 North "I" Street
San Bernardino, CA 92410
Director of Parks, Rec.
and Community Services
300 North "D" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties hereto have subscribed their
28 I / / /
/ / /
5
I'
I:
,
"
,
1 names the day and year first herein written above.
28
2
3
ATTEST:
4
~~~Ab
err ty C er
5
6
7
8
9
10
Approved as to form:
11
12
~~;)~/C~
City Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
MENTAL HEALTH ASSOCIATION OF
SAN BERNARDINO COUNTY
By iN ~. r .-/LAd
T~e ~hA/tz~ ~
6