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HomeMy WebLinkAbout1988-386 20 21 22 23 24 25 26 1 RESOLUTION NO. 88-386 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A ~1EMORANDUM OF UNDERSTANDING WITH G AND K MANAGEMENT COMPANY RELATING TO A 3 NUTRITION FOR SENIORS PROGRAM. 4 BE IT RESOLVED BY THE MAYOR 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 G and K Management Company relating to a nutrition for seniors program, 9 a copy of which is attached hereto marked Exhibit IIAII and incorporated herein 10 by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 11 12 Mayor and Common Council of the City of San Bernardino at a regular meeting thereof~ held on the 3rd day of October , 1988, by the 13 following vote, to wit: 14 15 AYES: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam 16 17 NAYS: ABSENT: None Council Members Minor, Miller 18 19 ~~~~ Crey C erk The forego i ng reso 1 ut ion is hereby approved th is. ~<:'L/ day of October , 1988. /' /. ~.~ //~;2l/ r / (:../.....:::-:.::...(<o..-L Lj....-'7.AJ / I /L;~"Cd--. '// Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: 27 !/l /1 28 f.'1Y:~ol.y Ie.,._ u 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 r'i'... MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this ~~c~ day of G?f~~~it~ , 1988, by and between the CITY OF SAN BERNARDINO, a municipal 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 all volunteers maintain current food handlers certificates available from the County of San Bernardino. D. Safeguard any equipment furnished by the City. E. Collect donations for meals and maintain accountability on all meal donations collected in accordance with the following: 9/2/88 1 (1) Suggested donation for all senior nutrition program meals 2 is one dollar and fifty cents ($1.50), but no attempt shall be made to 3 determine the amount of donation made by any qualifying recipient, nor shall 4 any coercion be used in collecting said sum. 5 (2) Sixty years is the qualifying minimum age for participation 6 in the senior nutrition program, but spouses of qualifying senior citizens 7 need not be sixty years of age to participate when accompanied by the 8 qualifying person. Any other person not qualified by age may be sponsored by 9 a qualifying senior, but shall pay the sum of three dollars and twenty cents 10 ($3.20) for the meal. A receipt shall be issued whenever the three dollar 11 and twenty cent charge is made. 12 (3) Non-senior citizen handicapped individuals may participate 13 on the same "donation requested" basis as a senior citizen. For 14 accountability purposes, the letter lIHlI shall be noted next to the name of 15 the handicapped participant on the daily meal accountability record. 16 F. Non-senior citizen volunteers shall be required to sign in on a 17 separate daily meal accountability record, which record shall include the 18 hours worked for each individual. 19 G. Company shall conform to all provisions of the Civil Rights Act 20 of 1964, as amended. 21 H. Company shall allow placement of a sign to be furnished by City 22 with substantially the following language in the recreation room of the 23 Beautiful Light Inn: 24 "TO WHOM IT t~AY CONCERN 25 The Senior Citizen Nutrition Program shall not be responsible for any 26 food removed from this site by participants following the serving of a 27 regularly scheduled nutritional meal. The City of San Bernardino". 28 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 City. City shall: A. Furnish a maximum of fifty complete meals delivered in bulk to the Beautiful Light Inn in accordance with the schedule below. City shall also provide such equipment as the City deems necessary to provide the food, consumable supplies, selected utensils, donation envelopes, forms for accountability, and a container for the donation envelopes. B. The City shall provide the meals referenced above Monday through Friday, 11:30 a.m. to 12:30 p.m. excluding holidays. Pick up of donations and items to be processed by City for subsequent meals shall be scheduled at or before 1:30 p.~. on serving days. 4. Changes. City or Company 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 Company, and must be incorporated in written amendment to this Memorandum of Understanding. 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 one million dollars ($1,000,000) combined single limit. Company shall provide the City's Risk Management Division prior to serving any meals a certificate of insurance and an additional insured endorsement which provides: 9/2/88 A. City of San Bernardino is an additional insured. -3- i 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 ;.." 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, instruction or proselytization shall not be instigated as part of or in connection with the performance of this Memorandum of Understanding. 9. Hold Harmless. Company 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 damages, including all claims for personal injury, including death, 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 with providing 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. 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 9/2/88 -4- , J 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 or sent by certified mail, postage prepaid, return receipt requested, addressed as follows: COMPANY Mr. Stuart Hartman Field Supervisor G & K Management Company 1550 Overland Avenue Culver City, CA 90231 CITY Director of Parks, Rec. and Community Services 547 N. Sierra Way San Bernardino, CA 92401 IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first herein written above. ATTEST: } ~::(j~gf#'~?~~~ City Clerk Approved as to form and legal content: ,1 ) (/A_ ?-_/~~__ .~~ i/ -- ~1Y Attorney ./ . ...." 9/2/88 -5- CITY OF SAN BERNARDINO B~ Evlyn Wi cox, Mayor City of San Bernardino G & K MANAGE~ENT COMPANY BY~~ Title fA.oPERT~ S()P/t.R.U/~~