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HomeMy WebLinkAbout1986-444 1 RESOLUTION NO. 86-444 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH G & K MANAGEMENT 3 COMPANY 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: 5 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a Memorandum of Understanding with G & K Management Company 9 relating to a nutrition for seniors program, a copy of which is 10 attached hereto marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a reS]ular meeting thereof, held on 15 the 3rd day of , 1986, by the November 16 following vote, to wit: 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Estrada. Reillv. Hernandez. Marks. Frazier. Strickler NAYS: None ABSENT: Council Member Ouiel ~pr?Jr?~4 / Ci ty Clerk l 1 The foregoing resolution is hereby approved this ~eAC day 2 of November 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 Approved as to form: ,19860{1 ((; ~~ Mayor of t ~_ ______.-__m____..__.._______________.,,_________.____ ___ ~~____ _______. 1 2 3 4 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) this THIS MEMORANDUM OF UNDERSTANDING is made and entered into /0 ~ day of f):;i<.Ij-I1JfI-~ , 1986, by and between '" 5 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter 6 referred to as "City", and G & K MANAGEMENT COMPANY, hereinafter 7 referred to as "Company". 8 City and Company agree as follows: 9 1. This Memorandum of Understanding is made with reference 10 to the following facts and objectives: 11 A. City currently operates a Nutrition for Seniors 12 program, which program is the subject of a contract between the 13 County of San Bernardino Office on Aging and the City of San 14 Bernardino. 15 B. The parties desire to establish a Senior Citizen 16 Nutrition site at the Beautiful Light Inn, 1365 North Waterman 17 . Avenue, San Bernardino, California 92404, a private, HUD 18 subsidized senior citizen housing unit. Company owns and 19 operates that facility. 20 21 2. Duties of Company. Company shall: A. Provide suitable and adequate space within the 22 Recreation Room of the Beautiful Light Inn to accommodate the 23 program. 24 B. Provide all necessary volunteers to serve the 25 cl ientele. 26 C. Ensure that adherence to all Health Code 27 requirements is maintained, including but not limited to those 28 ~---~- 1 pertaining to sanitation and food handling principles, and that 2 all volunteers maintain current food handlers certificates 3 available from the County of San Bernardino. 4 5 D. Safeguard any equipment furnished by the City. E. Collect donations for meals and maintain 6 accountability on all meal donations collected in accordance with 7 the following: 8 (1) Suggested donation for all senior 9 nutrition program meals is one dollar and fifty cents, but no 10 attempt shall be made to determine the amount of donation made by 11 any qualifiying recipient, nor shall any coercion be used in 12 collecting said sum. 13 (2) Sixty years is the qualifying minimum age 14 for participation in the senior nutrition program, but spouses of 15 qualifying senior citizens need not be sixty years of age to 16 participate when acompanied by the qualifying person. Any other 17 person not qualified by age may be sponsored by qualifying senior 18 but shall pay the sum of two dollars and sixty cents for the 19 meal. A receipt may be issued whenever the non-senior sponsored 20 charge is made. 21 (3) Non-senior citizen handicapped individuals 22 may participate on the same "donation requested" basis as a 23 senior citizen. The privilege of sponsoring a guest is not 24 authorized for handicapped participants. For accountability 25 purposes, the letter "H" shall be noted next to the name of the 26 handicapped participant on the daily meal acccountability record. 27 28 2 1 F. Non-senior citizen volunteers shall be required 2 to sign in on a separate daily meal accountability record which 3 record shall include the hours worked for each individual. 4 G. Company shall conform to all provisions of the 5 Civil Rights Act of 1964, as amended. 6 H. Company shall allow placement of a sign to be 7 furnished by City with substantially the following language in 8 the recreation room of the Beautiful Light Inn: 9 "TO WHOM IT MAY CONCERN" 10 The Senior Citizen Nutrition Program shall not be 11 responsible for any food removed from this site by 12 participants following the serving of a regularly 13 scheduled nutritional meal. 14 THE CITY OF SAN BERNARDINO" 15 3. Duties of City. City shall: 16 A. Furnish a maximum of fifty complete meals 17 delivered in bulk to the Beautiful Light Inn in accordance with 18 the schedule below. City shall also provide such equipment as 19 the City deems necessary to provide the food, consumable 20 supplies, selected utensils, donation envelopes, forms for 21 accountability, and a container for the donation envelopes. 22 B. The City shall provide the meals referenced above 23 Tuesday through Saturday, 11:30 a.m. to 12:30 p.m. excluding 24 holidays. Pick up of donations and items to be processed by City 25 for subsequent meals shall be scheduled at or before 1:30 p.m. on 26 serving days. 27 28 3 1 4. Changes. City or Comapny may request changes in the 2 scope of services of either party to be performed under its 3 Memorandum of Understanding. Said changes, including an increase 4 or decrease in the amount of delivery or the days of service, 5 must be mutually agreed upon by City and Company, and must be 6 incorporated in written amendment to this Memorandum of 7 Understanding. 8 5. Compliance With the Law. Company shall comply with all 9 applicable laws, ordinances and codes of the federal, state and 10 local governments, including but not limited to those pertaining 11 to the Senior Nutrition Program. 12 6. Liabilitv Insurance. Company agrees to procure and 13 maintain in force during the term of this Memorandum of 14 Understanding, and any extension thereof, at its expense, public 15 liability insurance in companies and through brokers approved by 16 the City, adequate to protect against liability for damage claims 17 arising out of Company's operations under this Memorandum of 18 Understanding in a minimum amount of one million dollars 19 ($1,000,000) combined single limit. Company shall provide the 20 City's Risk Management Division a certificate of insurance and an 21 additional insured endorsement which provides: 22 A. City of San Bernardino is an additional insured. 23 B. The insurance company name, policy number, period 24 of coverage, and amount of insurance. 25 C. That the City Clerk of the City of San Bernardino 26 must be given notice in writing at least thirty days prior to 27 cancellation, material change, or refusal to renew the policy. 28 4 ......-._----::-~.~~_.- 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. That Company's insurance will be primary to any coverage the City of San Bernardino may have in effect. 7. Political Activitv 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. Reliqious 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 hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage, 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. Company shall defend City and its elective and appointive boards, commission, 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 such operations. 10. Term. This Memorandum of Understanding shall be effective immediately, with providing of meals to start within ten days after execution thereof, and shall continue in effect 5 1 for a period of one year subject to termination by either party 2 for any reason upon thirty days' writen notice to the other 3 party. 4 11. Notice. All notices to the parties arising as a 5 result of this Memorandum of Understanding shall be in writing 6 and delivered in person or sent by certified mail, postage 7 prepaid, return receipt requested, addressed as follows: 8 9 10 11 COMPANY Mr. Richard Swann Head Supervisor G&K Management Company 1550 Overland Avenue Culver City, CA 90231 CITY Director of Parks, Recreation and Community Services 300 North "0" Street San Bernardino, CA 92418 12 IN WITNESS WHEREOF, the parties hereto have subscribed 13 their names the day and year first herein above written. 17 18 19 20 21 22 23 24 25 26 27 28 14 15 ATTEST: A '~,/ 16 4~~J?o?L4&:~~/ /Ci ty Clerk Approved as to form: ......:7 .... 0 //Ct1'~~~ City Attorney CIT)) S~N BERN~RDINO. . By W:x"~ :J) dL&y Mayor G & By Title d 1!~1114;;-n J... iA l.Al.(:> (,.. " 6