HomeMy WebLinkAbout1986-446
1 RESOLUTION NO. 86-446
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE HOUSING
3 AUTHORITY OF THE COUNTY OF SAN BERNARDINO RELATING TO A NUTRITION
FOR SENIORS PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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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 the Housing Authority of the
9 County of San Bernardino relating to a nutrition for seniors
10 program, a copy of which is attached hereto marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth
12 at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
reQ"llln.r
meeting thereof, held on
16 the
day of
NOVAmhp.r
, 1986, by the
3rd
17 following vote, to wit:
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AYES:
COllnr.il MAmhAr~ F.~t-rrliL~J Rp;lly.
HprnrinnA7
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Marksr Frnz;pr ~t-r;rklpr
NAYS:
Nonp.
ABSENT:
C.ollnr.;l Mpmhpr Qll;pl
./~~vj
/' Ci ty Clerk
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1 The foregoing resolution is hereby approved this "7~A.- day
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November
Approved as to form:
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
4 on this
day of
, 1986, by and between
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the City of San Bernardino, a municipal corporation, hereinafter
referred to as "City", and the Housing Authority of the County of
San Bernardino, a body corporate and politic and a political
subdivision of the State of California, hereinafter referred as
"Housing Authority".
City and Housing Authority agree as follows:
1.
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This Memorandum of Understanding is made w1t~ refetWace
to the following facts and objectives:
A. City currently operates a Nutrition for Seniors
14 program, which program is the subject of a contract betweerithe
15 County of San Bernardino Office on Aging and the City of San
16 Bernardino.
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B. The parties desire to establish a Senior Citizen
18 Nutrition site at 1755 Maple Street, San Bernardino, California
19 92411.
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2. Duties of Housing Authoritv. Housing Authority shall:
A. Provide suitable and adequate space within the
22 building at 1755 Maple Street, San Bernardino, to accommodate the
23 program.
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B. Permit use of the kitchen facilities for the
25 serving of meals which shall be transported in bulk from the
26 Senior Center at 600 West Fifth Street, San Bernardino.
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1 C. Maintain the building and provide utilities for
2 the use of the nutrition program as required.
3 D. Provide janitorial/custodial services other than
4 those specifically related to the serving of meals which shall be
5 the responsibility of the City.
6 E. Have one of its employees stationed in an office
7 of the building among whose responsibilities will be the
8 scheduling of the use of the meeting room, and that, the room
9 will normally be available to the City at the time designated for
10 the preparation, serving and clean-up associated with tbe~
11 Nutrition for Seniors Program. At such time that a space
12 conflict exists with the County Department of Health's Women,
13 Children and Infant Program (WIC), WIC shall have the priority
14 for the use of the meeting room and an alternate space for the
15 serving of meals shall be provided for the Nutrition for Seniors
16 Program. It is estimated that such a space conflict will be
17 minimal, and upon such notice, the use of the alternate space for
18 the Senior Nutrition Program shall be posted in advance and
19 otherwise made known to the Senior Nutrition Program staff and
20 clientele.
21 F. Safeguard any equipment furnished by the City.
22 G. Housing Authority shall conform to all provisions
23 of the Civil Rights Act of 1964, as amended.
24 H. Housing Authority shall allow placement of a sign
25 to be furnished by the City with substantially the following
26 language in the meeting room of 1755 Maple Street:
27 TO WHOM IT MAY CONCERN
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1 The Senior Citizen Nutrition Program shall not
2 be responsible for any food removed from this
3 site by participants following the serving of
4 a regularly scheduled nutritional meal.
5 THE CITY OF SAN BERNARDINO
6 3. Duties of the City. City shall:
7 A. Furnish Senior Nutrition Program meals at the
8 site of 1755 Maple for a maximum of 50 persons per serving day.
9 City shall provide such equipment necessary to provide the food,
10 consumable supplies, and serving equipment.
11 B. Provide a paid Nutrition Site Coordinator for
12 three hours per day and sufficient volunteers to administer the
13 program, serve food, and clean up after meals.
14 4. Changes. City or Housing Authority may request changes
15 in the scope of services of either party to be performed under
16 this Memorandum of Understanding.
17 5. Compliance With the Law. Housing Authority shall
18 comply with all applicable laws, ordinances and codes of the
19 federal, state and local governments, including but not limited
20 to those pertaining to the Senior Nutrition Program.
21 6. Liability Insurance. The Housing Authority of the City
22 of San Bernardino agrees to provide to the City's Risk Management
23 Division a written notice of self-insurance and an additional
24 endorsement which provides:
25 A. That any claim arising against the City of San
26 Bernardino from acts committed pursuant to this agreement shall
27 be covered under any plan of self-insurance utilized by the
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1 Housing Authority during the life of this contract or any
2 extension thereof.
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B. That the City Clerk of the City of San Bernardino
4 must be given notice in writing of any material change' in such
5 plan of self-insurance at least thirty days prior ,to such change.
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C. That the Housing Authority's insurance indemnity
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7 plan of self-insurance ~ill be primary in covera9~ of any ela~
8 arising from acts executed in the" performance of.khis agreement
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to any coverage the City, of San ~erna'l'~ino may ~~v., in effect..,
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7. Political Activity Prohibited. ,. PundS', "'.,,~!rials,
property or services contribut'ecf11yl the' Office piJA~nq or:cit~i:F"}
under this Memorandum of Understanding shall"not be used: for
participant political activity or to furth~,r the election or:
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defeat of any candidate for public office.
'8. Religious Activities ProhiQited. Religious worship;'
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16 instruction or proselytization shall not be instigated ."..,'ijr.tof.:'
17 or in connection with the performance of this Memorandu. of
18 Understanding.
19 9. Hold Harmless. Housing Authority shall h<>ld ei~Y.T ,its
20 elective and appointive boards, commissions, officers, agen~8 attd
21 employees, harmless from any liability for damage or claiJDs~for
22 damage, including all claims for personal injury, including
23 death, claims for property damage and any and all other claims or
24 liability which may arise from City's operations Qnder this
25 Memorandum of Understanding, whether such operations be by City
26 or by anyone or more persons directly or indirectly employed by,
27 or acting as agent for, City. Housing Author~ty shall defend
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,f." ~.: 't,
1 City and its elective and appointive boards, commissions,
2 officers, agents and employees from any suits or actions at law
3 or in equity for damages caused, or alleged to have been caused,
4 by reason of any of such operations.
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10. Term. This Memorandum of Understanding shall be
6 effective immediately, with provision of meals to start within
7 ten days after execution hereof, and shall continue in effect for
8 a period of one year subject to termination by either party for
9 any reason upon thirty days' written notice to the other party,
10 provided, however, that should county, state or federal funding
11 for the Nutrition for Seniors Program cease or decrease, City may
12 unilaterally terminate this Memorandum of Understanding forthwith
13 upon notification to Housing Authority.
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11. Notices. All notices to the parties arising as a
15 result of this Memorandum of Understanding shall be in writing
16 and delivered in person or sent by certified mail, postage
17 prepaid, return receipt requested, addressed as follows:
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HOUSING AUTHORITY
CITY
Albert Harkins, Executive Director
Housing Authority of the County
of San Bernardino
1053 North -Oft Street
San Bernardino, CA 92410
Director of Parks,
Recreation and
Community Services
300 North ftDft Street
San Bernardino, CA 92418
22 IN WITNESSS WHEREOF, the parties hereto have subscribed their
23 names the day and year first herein written above.
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ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF SAN BERNARDINO
By
Mayor
HOUSING AUTHORITY
By
Title
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