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HomeMy WebLinkAbout1988-384 1 RESOLUTION NO. 88-384 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. 2 3 I. 4 BE IT RESOLVED BY THE t1AYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 7 and directed to execute on behalf of said City a Memorandum of Understanding 8 with The Highland Senior Center, Highland District Council on Aging, Inc., 9 relating to a nutrition for seniors program, a copy of which is attached hereto 10 marked Exhibit "A" and incorporated herein by reference as fully as though set 11 forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 12 13 Mayor and Common Council of the City of San Bernardino at a regular 14 meeting thereof, held on the 3rd day of October , 1988, by the 15 following vote, to wit: 16 AYES: Council Members Estrada, Reilly, Flores, Maudsley 17 18 NAYS: ABSENT: None 19 Council Members Minor, Pope-Ludlam, Miller 20 21 ~g/?d:rlf}h~ C i ty/Cl erk 22 23 1// The foregoing resolution is hereby approved this -4<:.J(.r day of 24 October , 1988. 25 26 ,/' /j. ) 'y""- /. / \-,~ /. . ,.I' / .' ( //"""\ -f. L i.A ./~"t'...../ / ./ ..'l..... J~..- (...1". / Evlyn Wil~ox, Mayor City of San Bernardino 27 28 Approved as to form and Legal Content: /.1 /1 / I .;:~ Lkf~ 7; /C~<-u-, ;e}/ty Attorney ../ 9/2/88 ., r 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 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this i4~ day of CJ c~c,.e)-.-lV'\...) , 1988, by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as "City", and the Highland Senior Center, Highland District Council on Aging, Inc., hereinafter referred to as the "Center". City and Center 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 formalize a Senior Citizen Nutrition Site at 3102 East Highland, Highland, California 92346, a private, non-profit facility serving senior citizens. Center sub-leases the facility from the county of San Bernardino Office on Aging which leases the facility from the State of California Department of Health. 2. Duties of Center. Center 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, California. B. Provide all necessary volunteers and any paid personnel it may contract for from any source. C. Adhere to all Health Code requirements, including but not limited to those pertaining to sanitation and food handling principles. 9/2/88 , ~ 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 D. Safeguard any equipment furnished by the City. E. Collect donations for meals and maintain accountability on all meal donations in accordance with the following: (1) Suggested donation for all Senior Nutrition Program meals is one dollar and fifty cents ($1.50). (2) Sixty years of age is the minimum age for participation in the Senior Nutrition Program. A spouse of a qualifying senior, regardless of age, may also participate on the same donation basis when accompanied by the spouse who qualifies. (3) Guests of seniors not sixty years of age must pay a guest meal fee which is the actual cost of the meal. Presently this fee is three dollars and twenty cents ($3.20), but is subject to revision based upon variations in participation which affect the cost of each meal. Any necessary revisions in this fee will be coordinated in advance each three months. F. Senior Companion Program (SCP) and Adult Day Health Care Center participants shall be required to sign in on a separate daily meal accountability record. G. Center shall conform to all provisions as stated by the Civil Rights Act of 1964, as amended. H. Center shall allow placement of a sign to be furnished by City with substantially the following language in the designated food consumption areas: liTO WHOM IT t~AY CONCERN The Senior Citizens Nutrition Program shall not be responsible for any food removed from this site by participants following the serving of a regularly scheduled nutritional meal. THE CITY OF SAN BERNARDINOII 9/2/88 -2- ... 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 3. Duties of the City. The City shall: A. Furnish a maximum of eighty complete meals (in bulk) in accordanc with the schedule below. City shall also provide such equipment as the City deems necessary to provide the food, consumable supplies and forms for accountabil i ty. B. Provide the meals referenced above Monday through Friday, 12:00 p.m. to 1:00 p.m., excluding all holidays on which either the City and/or the Center does not operate. A list of such dates shall be coordinated between the Senior Nutrition Project Director and the Center Director upon execution of this Memorandum of Understanding. C. Provide a paid Nutrition Site Coordinator for three (3) hours per day on scheduled meal service days. 4. Changes. City or Center 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 Center, and must be incorporated in written amendment to this Memorandum of Understanding, except as provided in the "Term" provision of this ~.1emorandum of Understanding. 5. Compliance With the Law. Center 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. Center 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 Center operations under this Memorandum of Understanding in a minimum amount of One Million Dollars ($1,000,000) combined single limit. 9/2/88 -3- .. , 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 Center shall provide to the City's Risk Management Division prior to serving any meals 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 Center'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 the 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. Center shall defend, indemnify and holdCit,Y, its elective and appointive boards, commissions, officers, agents and employee harmless 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 immediatel and shall continue in effect for a period of one year subject to termination 9/2/88 -4- , 1 by either party for any reason upon thirty days' written notice to the other 2 party, provided, however, that should county, state or federal funding for 3 the Nutrition for Seniors Program cease or decrease, City may unilaterally 4 terminate this Memorandum of Understanding forthwith upon notification to 5 Center. 6 11. Notice. All notices to the parties arising as a result of this 7 Memorandum of Understanding shall be in writing and delivered in person or 8 sent by certified mail, postage prepaid, return receipt requested, addressed 9 as follows: 10 ASSOCIATION CITY 11 14 Bobbie Babbage, Director Highland Senior Center Highland District Council on Aging, Inc. 3102 East Highland P.O. Box 948 Highland, CA 92346 Director of Parks, Recreation and Community Services 547 N. Sierra Way San Bernardino, CA 92401 12 13 15 IN WITNESS WHEREOF, the parties hereto have subscribed their names the 16 day and year first herein written above. 17 CITY OF SAN BERNARDINO 18 ATTEST: /"7 ),,-~ / '/)~') ~:' ~ ;,/.- I ) /1/ ./ By </-t,,-'L/ 11""/ ~/ / A./Lz/~/'-? Evlyn ~'Jircox, t,fayor / City of San Bernardino 19 ../ //1/ Z..-;Z //J 71', ' / /"/,1' ,f 7; ","v/4; ".,;;2 CB c/J! ;L 'City Clerk 20 21 22 HIGHLAND SENIOR CENTER 23 24 "--...,, (- ---:2 \ By \,,-~"-(,~ ~/,.j.fO \.'"".;XA.,z)~ (l./'.a..,:.,' 0 J,,- '-.. ~>-\","" - ~ ' " ...../'-- c-~ (?)~I-:~C.,z i 25 Tit 1 e (,,; \, J'~ c'~/'-) 26 Approved as to form and legal content: 27 1 Z .? \ ,,~ . rc~_ I,.wyfy Attorney .:-/ 9/2/88 -5- 28 PRODUCER Morgan & Franz Insurance 401 W. Second Street San Bernardino, CA 92401 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ;"~! COMPANIES AFFORDING COVERAGE COMPANY A LETTER Black/White - National Union INSURED Highland Senior Center P.O. Box 948 Highland, CA ' 92346 COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER U~.~' C' 0' ,s.",,,,~.. .~ ~ . ' ~+: F~~4- 'h"'" \". ,<,.,' l ~ ;0.- 'i\('" ~-;"~' . -. .' ..' .-, "" " '-;.;.r..,,-, ;"" . ~ JVs;. ?'~"'k~~.'3.'it~~~~";::;' :- . ~. . '. .' . ,r " .t..'1!~~".t-..r~"";")':,:U",,:,~"'~~,>,;,:~ t~~*::~","..",,:"1<' ;..v;: :i, ':;~s:;:i':!'~:~, - .}:$.< ',ll'..."."'~ _ ,,~"'~;f.JI:l~::~~..., ~.~ . '> y,,",. ~~~-y~~" -.~" ,'''' Ii ~~-ji",~,;;J\iI'_>/~'l' ,:'~' "~4~:I;:.r"" ~~.. ~ l:. 'l\..o;~ _~_:.o'.,"-1.",.r~.-'<fI1j.}t". ,"~5...,.. ~J f,~ 1 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DDIYY) GENERAL AGGREGATE PRODUCTS,COMP/OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE fiRE) MEDICAL EXPENSE (ANY ONE PERSON) THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED B6LOW HAVE BEEN ISSUED TO THE INSlJRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ""A ~ .,";, 1:) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ,CLAiMS MADE WOCCURRE',CE , OWt\ERS & CONTRACTORS PROTECTIVE TBD 2-1-88 2-1-89 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY CSL $ BODIL Y INJURY (PER PERSON) $ BODI~ y INJURY ~Jc~DElm $ EXCESS LIABILITY EACH OCCURRENCE OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY $ $ $ (EACH ACCIDENT) (DISEASE-POliCY LIMIT) (DISEASE.EACH EMPLOYEE) ~ ~..~ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I RESTRICTIONS I SPECIAL ITEMS City of San Bernardino c/o City Hall 300 N. nD" Street San Bernardino, CA 92401