HomeMy WebLinkAbout1986-445
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RESOLUTION NO.86-445
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MEDICAL
HEALTHWAYS, INC. RELATING TO A 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 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 Medical Healthways, Inc.
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
reqular
meeting thereof, held on
15 the 3rd
day of
November
, 1986, by the
16 following vote, to wit:
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AYES:
Council Members Estrada. Reilly, Hernandez,
Marks, Frn7.ier, Stri~klAr
NAY S :
None
ABSENT:
COlln~il Member Olliel
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/' Ci ty Clerk
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The foregoing resolution is hereby approved this -f/c:/L day
November
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i//L"J? '-
8 City Attorney
Approved as to form:
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, 1986.
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
~kJ
J fe-A..,
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this
day of
, 1986, by and between
5 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6 referred to as "City", and MEDICAL HEALTHWAYS, INC., hereinafter
7 referred to as "Company".
8 City and Company agree as follows:
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1. This Memorandum of Understanding is made with reference
10 to the following facts and objectives:
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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.
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B. The parties desire to estabish a Senior Citizen
16 Nutrition site at 2730 North "E" Street, San Bernardino,
17 California 92405, a private, for profit facility serving the
18 elderly. Company owns and operates that facility.
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2. Duties of Company. Company shall:
A. Provide suitable and adequate space within the
21 Activity Room of the facility to accommodate the program.
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B. Provide all necessary employees and volunteers to
23 serve the clientele.
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C. Ensure that adherence to all Health Code
25 requirements is maintained, including but not limited to those
26 pertaining to sanitation and food handling principles.
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D. Safeguard any equipment furnished by the City.
1 E. Collect donations for meals and maintain
2 accountability on all meal donations collected in accordance with
3 the following:
4 (1) The donation for all senior nutrition
5 program meals shall be one dollar and fifty cents.
6 (2) Sixty years is the qualifying minimum age
7 for participation in the senior nutrition program.
8 F. Senior citizen volunteers, Retired Senior
9 Volunteer Program (RSVP), and Senior Companion Program (SCP)
10 participants shall be required to sign in on a dailYmeal
11 accountability record, which record shall include the hours
12 worked for each individual.
13 G. Company shall conform to all provisions of the
14 Civil Rights Act of 1964, as amended.
15 H. Company shall allow placement of a sign to be
16 furnished by City with substantially the following language in
17 the Activity Room of 2730 North "E" Street.
18 "TO WHOM IT MAY CONCERN
19 The Senior Citizen Nutrition Program shall not be
20 responsible for any food removed from this site by
21 participants following the serving of a regularly
22 scheduled nutritional meal.
23 THE CITY OF SAN BERNARDINO"
24 3. Duties of City. City shall:
25 A. Furnish a maximum of twenty complete
26 individualized meals in accordance with the schedule below. City
27 shall also provide such equipment as the City deems necessary to
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1 provide the food, consumable supplies, forms for accountability
2 or receipt of donation and a container for the donational
3 envelopes.
4 B. The City shall provide the meals referenced above
5 Monday through Friday, 11:30 a.m. to 12:30 p.m., excluding all
6 holidays on which Company does not opere,te. A list of such dates
7 shall be furnished to the City upon execution of this agreement.
8 Company shall pick up meals. Pick up of donations and items to
9 be processed by City for subsequent meals shall be scheduled at
10 or before 1:30 p.m. on serving days.
11 4. Chanqes. City or Company may request changes in the
12 scope of services of either party to be performed under this
13 Memorandum of Understanding. Said changes, including an increase
14 or decrease in the amount of delivery or the days of service,
15 must be mutually agreed upon by City and Company, and must be
16 incorporated in written amendment to this Memorandum of
17 Understanding except as provided in the "Term" provision of this
18 Memorandum of Undertanding.
19 5. Compliance With the Law. Company shall comply with all
20 applicable laws, ordinances and codes of the federal, state and
21 local governments, including but not limited to those pertaining
22 to the Senior Nutrition Program.
23 6. Liabilitv Insurance. Company agrees to procure and
24 maintain in force during the term of this Memorandum of
25 Understanding, and any extension thereof, at its expense, public
26 liability insurance in companies and through brokers approved by
27 the City, adequate to protect against liability for damage claims
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1 arising out of Company's operations under this Memorandum of
2 Understanding in a minimum amount of one million dollars combined
3 single limit. Company shall provide to the City's Risk
4 Management Division a certificate of insurance and an additional
5 insured endorsement which provides:
6 A. City of San Bernardino is an additional insured.
7 B. The insurance company name, policy number, period
8 of coverage, and amount of insurance.
9 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 D. That Company's insurance will be primary to any
13 coverage the City of San Bernardino may have in effect.
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. Company shall hold City, its elective
24 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
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1 liability which may arise from City's operations under this
2 Memorandum of Understanding, whether such operations be by City
3 or by anyone or more persons directly or indirectly employed by,
4 or acting as agent for, City. Company shall defend City and its
5 elective and appointive boards, commissions, officers, agents and
6 employees from any suits or actions at law or in equity for
7 damages caused, or alleged to have been caused, by reason of any
8 of such opoeration.
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10. Term. This Memorandum of Understanding shall be
10 effective immediately, with provision of meals to start within
11 ten days after execution hereof, or within ten days after request
12 of Company, whichever is later, and shall continue in effect for
13 a period of one year subject to termination by either party for
14 any reason upon thirty days; written notice to the other party;
15 provided, however, that should county, state or federal funding
16 for the Nutrition for Senior Program cease or decrease, City may
17 unilaterally terminate this Memorandum of Understanding forthwith
18 upon notification to Company.
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11. Notices. All notices to the parties arising as a
20 result of this Memorandum of Understanding shall be in writing
21 and delivered in person or sent by certified mail, postage
22 prepaid, return reeipt requested, addressed as follows:
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COMPANY
CITY
Ms. Carole Flaherty
Administrative Director
Healthways Resource Center
2730 North "E" Street
San Bernardino, CA 92405
Director of Parks, Recreation
and Community Services
300 North "0" Street
San Bernardino, CA 92418
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1 IN WITNESS WHEREOF, the parties hereto have susbscribed
2 their names the day and d year first herein wwriitten above.
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ATTEST:
~~~M~
e1ty Clerk
Approved as to form:
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City ttorney
CITY OF SAN BERNARDINO
By g~~- ?t)~
ayor I
MEDICAL HEALTHWAYS, INC.
By
Title
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