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HomeMy WebLinkAbout1986-447 1 2 3 4 5 6 7 8 I 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. Rh-447 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER 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 hereby authorized and directed to execute on behalf of said City a Memorandum of Understanding with Highland Senior Center relating to a nutrition for seniors program, a copy of which is Ettached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd , 1986, by the day of November following vote, to wit: AYES: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler NAYS: None ABSENT: Council Member Quiel A at / .~~~d. ~r.. J;"). /. -/'F/1/~2V ~.' /ZLt.,/.... ,f.,.L/; ., ev", , /' - .- - C~i ty Cl;rk 1 The foregoing resolution is hereby approved this ~cAL day 2 of 3 4 November 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: 1 2 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) 3 THIS MEMORANDUM OF/, UNDERSTANDING is made and entered into 1/ 4 this /Id.~ day of /It&/luk'v , 1986, by and between 5 the City of San Bernardino, a municipal corporation, hereinafter 6 referred to as "City", and the Highland Senior Center, Highland 7 District Council on Aging, Inc., hereinafter referred to as the 8 "Center". 9 City and Center agree as follows: 10 1. This Memorandum of Understanding is made with reference 11 to the following facts and objectives: 12 A. City currently operates a Nutrition for Seniors 13 Program, which program is the subject of a contract between the 14 County of San Bernardino Office on Aging and the City of San 15 Bernardino. 16 B. The parties desire to formalize a Senior Citizen 17 Nutrition Site at 3102 East Highland, Highland, California 92346, 18 a private, non-profit facility serving senior citizens. Center 19 sub-leases the facility from the County of San Bernardino Office 20 on Aging which leases the facility from the State of California 21 Department of Health. 22 23 2. Duties of Center. Center shall: A. Provide suitable and adequate space for the 24 consumption of meals in a designated area and allow use of 25 kitchen equipment in support of the serving of meals transported 26 in bulk from the Senior Center at 600 West Fifth Street, San 27 Bernardino, California. 28 1 B. Provide all necessary volunteers and any paid 2 personnel it may contract for from any source. 3 C. Adhere to all Health Code requirements, including 4 but not limited to those pertaining to sanitation and food 5 handling principles. 6 D. Safeguard any equipment furnished by the City. 7 E. Collect donations for meals and maintain 8 accountability on all meal donations in accordance with the 9 following: 10 (1) Suggested donation for all Senior 11 Nutrition Program meals is one dollar and fifty cents ($1.50). 12 (2) Sixty years of age is the minimum age for 13 participation in the Senior Nutrition Program. A spouse of a 14 qualifying senior, regardless of age, may also participate on the 15 same donation basis when accompanied by the spouse who qualifies. 16 (3) Guests of seniors not sixty years of age 17 must pay a guest meal fee which is the actual cost of the meal. 18 Presently this fee is two dollars and sixty cents ($2.60), but is 19 subject to revision based upon variations in participation which 20 affect the cost of each meal. Any necessary revisions in this 21 fee will be coordinated in advance each three months. 22 F. Senior Companion Program (SCP) and Adult Day 23 Health Care Center participants shall be required to sign in on a 24 separate daily meal acccountability record. 25 G. Center shall conform to all provisions as stated 26 by the Civil Rights Act of 1964, as amended. 27 28 2 ..,-- 1 H. Center shall allow placement of a sign to be 2 furnished by City with substantially the following language in 3 the designated food consumption areas: 4 "TO WHOM IT MAY CONCERN 5 The Senior Citizens Nutrition Program shall not 6 be responsible for any food removed from this 7 site by participants following the serving of a 8 regularly scheduled nutritional meal. 9 THE CITY OF SAN BERNARDINO" 10 3. Duties of the City. The City shall: 11 A. Furnish a maximum of eighty complete meals (in 12 bulk) in accordance with the schedule below. City shall also 13 provide such equipent as the City deems necessary to provide the 14 food, consumable supplies and forms for accountability. 15 B. Provide the meals referenced above Tueday through 16 Saturday, 12:00 p.m. to 1:00 p.m., excluding all holidays on 17 which either the City and/or the Center does not operate. A list 18 of such dates shall be coordinated between the Senior Nutrition 19 Project Director and the Center Director upon execution of this 20 Memorandum of Understanding. 21 C. Provide a paid Nutrition Site Coordinator for 22 three (3) hours per day on scheduled meal service days. 23 4. Changes. City or Center may request changes in the 24 scope of services of either party to be performed under this 25 Memorandum of Understanding. Said changes, including an increase 26 or decrease in the amount of delivery or the days of service, 27 must be mutually agreed upon by City and Center, and must be 28 3 1 incorporated in written amendment to this Memorandum of 2 Understanding, except as provided in the "Term" provision of this 3 Memorandum of Understanding. 4 5. Compliance With the Law. Center shall comply with all 5 applicable laws ordinances and codes of the federal, state and 6 local governments, including but not limited to those pertaining 7 to the Senior Nutrition Program. 8 7. Liabilitv Insurance. Center agrees to procure and 9 maintain in force during the term of this Memorandum of 10 Understanding, and any extension thereof, at its expense, public 11 liability insurance in companies and through brokers approved by 12 the City, adequate to protect against liability for damage claims 13 arising out of Center operations under this Memorandum of 14 Understanding in a minimum amount of One Million Dollars 15 ($1,000,000) combined single limit. Center shall provide to the 16 City's Risk Management Division a certificate of insurance and an 17 additional insured endorsement which provides: 18 A. City of San Bernardino is an additional insured. 19 B. The insurance company name, policy number, period 20 of coverage, and amount of insurance. 21 C. That the City Clerk of the City of San Bernardino 22 must be given notice in writing at least thirty days prior to 23 cancellation, material change, or refusal to renew the policy. 24 D. That Company's insurance will be primary to any 25 coverage the City of San Bernardino may have in effect. 26 7. Political Activity Prohibited. Funds, materials, 27 property or services contributed by the Office on Aging or City 28 4 1 under this Memorandum of Understanding shall not be used for any 2 participant political activity, or to further the election or 3 defeat of any candidate for public office. 4 8. Religious Activities Prohibited. Religious worship, 5 instruction or proselytization shall not be instigated as part of 6 or in connection with the performance of this Memorandum of 7 Understanding. 8 9. Hold Harmless. Center shall hold City, its elective 9 and appointive boards, comissions, officers, agents and 10 employees, harmless from any liability for damage or claims for 11 damage, including all claims for property damage and any and all 12 other claims or liability which may arise from City's operations 13 under this Memorandum of Understanding, whether such operations, 14 be by City or by anyone or more persons directly or indirectly 15 employed by, or acting as agent for, City. Center shall defend 16 City and its elective and appointive boards, commmissions, 17 officers, agents and employees from any suits or actions at law 18 or in equity for damages caused, or alleged to have been caused, 19 by reason of any of such operations. 20 10. Term. This Memorandum of Understanding shall be 21 effective immediately, and shall continue in effect for a period 22 of one year subject to termination by either party for any reason 23 upon thirty days' written notice to the other party, provided, 24 however, that should county, state or federal funding for the 25 Nutrition for Seniors Program cease or decrease, City may 26 unilaterally terminate this Memorandum of Understanding forthwith 27 upon notification to Center. 28 5 1 11. Notice. All notices to the parties arising as a 2 result of this Memorandum of Understanding shall be in writing 3 and delivered in person or sent by certified mail, postage 4 prepaid, return receipt requested, addressed as follows: 5 ASSOCIATION CITY 6 Joanne Wyman, Director Highland Senior Center 7 Highland District Council on Aging, Inc. 8 3102 East Highland P. O. Box 948 9 Highland, CA 92346 10 IN WITNESS WHEREOF, the parties hereto have subscribed Director of Parks, Recreation and Community Services 300 North "D" Street San Bernardino, CA 92418 11 their names the day and year first herein written above. ATTEST: CITY J3F! SAN BERNARDINO By ~A-JCj~ '71 JM;Y . Mayor,/ 12 13 14 ha:~~/ /Ci ty Clerk 15 16 17 18 19 HIGHLAND SENIOR CENTER //C I \ By '-..... TitlEi' to- ~~~ ..1. -rC,(~ )// ,),!:f/ -;';/;1.' .',? ,.L-'/ I .,r f ,//.. I .'/ '.'-; " ).-';/ " 20 Approved as to form: ~: c~~~fP~ 23 24 25 26 27 28 6