HomeMy WebLinkAbout1988-382
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RESOLUTION NO.
88-382
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
MEf10RANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO LIGHTHOUSE FOR THE BLIND,
3 INC. RELATING TO A NUTRITION FOR SENIORS PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
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and directed to execute on behalf of said City a ~1emorandum of Understandina
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with the San Bernardino Lighthouse for the Blind, Inc. relating to a nutrition
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for seniors program, a copy of which is attached hereto marked Exhibit "1\." and
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incorporated herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a
regular
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meeting thereof, held on the 3rd
day of
, 1988, by the
October
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following vote, to wit:
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AYES:
Council Members Estrada, Reilly, Flores, Maudsley
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NAYS:
ABSENT:
Council Members Minor, Pope-Ludlam, Miller
None
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City. er '
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The foreqoing resolution is hereby approved this ~~~' day of
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October
, 1988.
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'--Evly~ ~Jil'2ox, t~ayor '
City of San Bernardino
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Approved as to form and legal content:
()~ ~ i!~
\ .vL;"Z~ 7, f - )~
9ft Attorney
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
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THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day
~ &. ch "day of C/~ C T"c) I] CI<?' 1988, by and between the Ci ty of San
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Bernardino, a municipal corporation, hereinafter referred to as "City", and
the San Bernardino Lighthouse for the Blind, Inc., hereinafter referred to as
the "Lighthouse".
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City and Lighthouse agree as follows:
1. This ~1emorandum of Understanding is made with reference to the
following facts and objectives:
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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 formalize a Senior Citizen Nutrition Site
at 762 North Sierra Way, San Bernardino, California 92410, a facility operated
by Lighthouse, a private, non-profit organization which serves the visually
handicapped and the blind, the majority of which are senior citizens.
2. Duties of Lighthouse. Lighthouse shall:
A. Provide suitable and adequate space for the consumption of
meals in a designated area and allow use of kitchen equipment in support of
the serving of meals transported in bulk from the Senior Center at 600 West
Fifth Street, San Bernardino.
B. Provide all necessary volunteers and, any paid personnel,
which may be required.
C. Adhere to all Health Code requirements, including but not
limited to those pertaininq to sanitation and food handling.
D. Safeguard any equipment furnished by the City.
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E. Make payment for meals and maintain accountability on all
meals provided in accordance with the following:
(1) Prior to the serving of a meal, a certification list
verifying the receipt of a meal must be signed by the recipient. There shall
be two certification lists, as follows:
(a) One list to be signed by those meal recipients over
sixty (60) years of age, and spouses of such, qualifying seniors regardless of
age. Persons on this list may participate on a low-cost basis. Persons not
yet sixty must be accompanied by the spouse who qualifies to receive the low
cost meals.
(b) The second list shall be signed by those meal recipients
of the Lighthouse who are not yet sixty (60) years of age and, guests of
participant seniors when such guest is not yet sixty (60) years of age. All
persons in this category are required to pay a guest meal fee which represents
the actual cost of the meal.
(c) The certification forms bearing the original signatures
shall be returned to the City as verification of meals served. A copy of each
list is to be retained as a record by the Lighthouse for payment purposes.
(d) Regarding the blind who would be unable to personally
sign a list, a staff person may record the client1s name. The staff member
shall initial same.
(2) The fee for all meals shall be in accordance with the
following:
(a) Meal recipients who are sixty (60) years and older,
their qualifying spouses, and guests who are over sixty (60) years of age
shall pay one dollar and fifty cents ($1.50) per meal.
(b) For those Lighthouse clientele and guests not yet sixty
(60) years of age, the meal fee is calculated in accordance with the County
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I Office on Aging Nutrition Policies and Procedures Manual.
This is subject to
2 variance predicated on the cost of meals. Presently, this fee is $3.20. Any
3 changes in meal fees shall be coordinated in advance.
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(3) The Lighthouse shall pay monthly for meals delivered.
5 Payment shall be made within thirty (30) days of date that payment is due.
6 Any payments more than sixty (60) days late may, in the City's sole discretion,
7 be cause for the suspension of further deliveries of meals.
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F. Lighthouse shall conform to all provisions of the Civil Rights
9 Act of 1964, as amended.
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G. Lighthouse shall allow placement of a sign to be furnished by
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City in the designated food consumption areas with substantially the following
language:
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liTO WHOM IT MAY CONCERN
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You are hereby notified that the Senior
Citizens Nutrition Program and the City
of San Bernardino shall not be in any
way responsible for the condition of
any food removed from the site ~or
unauthorized period following the
serving of a regularly scheduled
nutritional meal.
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The City of San Bernardino"
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3. Duties of the City. The City shall:
A. Furnish a maximum of ninety complete meals (in bulk) in
accordance with the schedule below. With every such delivery of food, City
shall also provide such equipment as the City deems necessary to transport and
serve the food and supplies to facilitate the consumption of the food by meal
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recipients. City shall further supply the forms on which Lighthouse shall
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account for the meals served. Any exceptions to the items listed above shall
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be coordinated between City and Lighthouse a day in advance of a scheduled
delivery.
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B. Deliver the meals referenced above on each day, Monday through
Friday, between 11:30 a.m. and 12:30 p.m. Deliveries shall not be made on
holidays on which either the City or Lighthouse does not operate. A list of
such delivery dates and holidays shall be exchanged by the Senior Nutrition
Project Director and the Lighthouse Director at the time of the execution of
this Memorandum of Understanding.
4. Changes. City or Lighthouse may request changes in the scope of
services to be performed under this Memorandum of Understanding. Said changes,
including any change in the number of deliveries or the dates of service, shall
be mutually agreed upon by City and Lighthouse. No such change shall be
binding on either party until such change is incorporated in a written
amendment to this Memorandum of Understanding.
5. Compliance with the Law. Lighthouse shall comply with all applicable
laws, ordinances and codes of the federal, state and local governments,
including but not limited to local health ordinances and laws specifically
pertaining to the Senior Nutrition Program.
6. Liability Insurance. Lighthouse 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 brokers,
approved by the City, adequate to protect against liability for damage claims
arising out of Lighthouse operations under this Memorandum of Understanding
in a minimum amount of one million dollars ($1,000,000) combined single limit.
Before commencement of the deliveries required herein, Lighthouse 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 ~nsurance company name, policy number, periods of coverage,
and amount of insurance.
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C. That the City Clerk of the City of San Bernardino must be
given notice in writing at least thirty (30) 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, instruction or
proselytization shall not be instigated as part of or in connection with the
performance of this Memorandum of Understanding.
9. Hold Harmless. Lighthouse shall defend, indemnify and hold harmless
City, its elective and appointive boards, commissions, officers, agents and
employees, from any liability for damage or claims for damage, including all
claims for property damage and any and all other claims or liability which
may arise from City.s operations under this 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.
10. Term. This Memorandum of Understanding shall be effective
immediately, and shall continue in effect until June 30, 1989, subject to
termination by either party for any reason upon thirty (30) days' written noticeto
the other party. Notwithstanding any other provision contained herein,
should county, state, or federal funding for the Nutrition for Seniors Program
cease or decrease, City may in the exercise of its sole discretion,
unilaterally terminate this Memorandum of Understanding forthwith upon three ~)
days notice to Lighthouse. Either party may, upon five (5) day~ written
notice to the other party, terminate the agreement without setting forth a
cause for such termination.
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11. Notices. All notices to the parties arising as a result of this
r~emorandum of Understanding shall be in writing and delivered in person or
as follows:
sent by certified mail, postage prepaid, return receipt requested, addressed
Association
Robert G. McBay, Executive Director
San Bernardino Lighthouse for the
Blind, Inc.
762 North Sierra Way
San Bernardino, CA 92410
Director of Parks, Recreation and
Community Services
547 ~lorth Sierra IIJay
San Bernardino, CA 92401
day and year first herein written above.
IN WITNESS l~HEREOF, the parties hereto have subscribed their names, the
ATTEST:
cA"h?<<;7.?(V~~~
City Cler
Approved as to form and
legal content:
- /2
. j~l4-~
orney
9/6/88
By
LIGHTHOUSE FO R TilE BL I NO, I NC.
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