HomeMy WebLinkAbout1985-025
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RESOLUTION NO. P,~'-7..:i-_
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING \HTH MEDICAL
HEALTHWAYS, INC., RELATING TO THE NUTRITION FOR SENIORS PROGRAI~.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City a memorandum of understanding with
8 Medical Healthways, Inc., relating to the Nutrition for Seniors
9 Program, which memorandum of understanding is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 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
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Bernardino at a
"-p<:;;nll~,~~
meeting thereof, held on
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the 7 JJ;;-
day of
,lp,r,llA. r~~7
, 1985, by the following
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AYES:
Council Members
C0.~tanEyj2'.., Rei.1.1~!. He7"na~l~e;:;.
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IV1::l.:!-:-k::::, Qnj_e.l.r FT<<lzier,> :3-l:'-.TiCr\:Jer
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NAYS:
~'!f)j"e
ABSENT:
j\lnne
".#$?<~/ ~~
City (', erk
The foregoing resolution is hereby
.23,1/
day of
,-irlD112r:-""'/
, 1985.
ayor 0
AP,.proved as t~~~~
u/~~~~
Ci ty At orney
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this L day of ~~ ,1985, by and between
the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
ref erred to as "Ci ty", and MED ICAL HEALTHWAYS, INC., hereinafter
ref erred to as "Company".
City and Company agree as fol1ows:
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 2730 North "E" Street, San Bernardino,
California, 92405, a private, for profit facility serving the
elderly. Company owns and operates that facility.
2. Duties of Company. Company shall:
A. Provide suitable and adequate space within the
Activity Room of the facility to accommodate the program.
B. Provide all necessary employees and 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.
D. Safeguard any equipment furnished by the City.
E. Col1ect donations for meals and maintain
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accountability on all meal donations collected in accordance with
the fol Iowing:
(1) Suggested donation for all senior nutrition
program meals is one dollar and twenty-five cents.
(2) Sixty years is the qualifying minimum age for
participation in the senior nutrition program.
F. Senior citizen volunteers, Retired Senior VoIunteer
Program (RSVP), and Senior Companion Program (SCP) participants
shal1 be required to sign in on a separate daily meal
accountability record, which record shall include the hours
worked for each individual.
G. Company shal1 conform to all provisions of the
Civil Rights Act of 1964, as amended.
H. Company shall allow placement of a sign to be
furnished by City with substantially the following language in
the Activity Room of 2730 North "E" Street.
"TO WHOM IT MAY CONCERN
The Senior Citizen Nutrition Program shall not be
responsible for any food removed from this site by participants
fol1owing the serving of a regularly scheduled nutritional meal.
The Ci ty of San Bernard ino"
3. Duties of City. City shall:
A. Furnish a maximum of twenty complete,
individualized meals accordance with the schedule below. City
shall also provide such equipment as the City deems necessary to
provide the food, consumable supplies, forms for accountability
or receipt of donation and a container for the donation
envelopes.
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B. The City shall provide the meals referenced above
2 Monday through Friday, 11:30 a.m. to 12:30 p.m., excluding all
3 holidays on which Company does not operate. A list of such
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dates shall be furnished to the City upon execution of this
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I agreement. Delivery of meals shall be made by the City Tuesday
6 through Friday. Company shall pick up meals each Monday at 123
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I North Mountain View Avenue.
III processed by City for subsequent meals
,before 1:30 p.m. on serving days.
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shall be scheduled at or
Pick up of donations and items to be
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4.
Changes.
City or Company may request changes in the
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scope of services of either party to be performed under this
12 Memorandum of Understanding. Said changes, including an increase
13 or decrease in the amount of delivery or the days of service,
14 must be mutually agreed upon by City and Company, and must be
15 incorporated in written amendment to this Memorandum of
16 Understanding except as provided in the "Term" provision of this
17 Memorandum of Understanding.
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5. Compl iance with the Law. Company shall comply with al I
19 applicable laws, ordinances and codes of the federal, state and
20 local governments, including but not limited to those pertaining
21 I to the Senior Nutrition Program.
22 II 6. Liability Insurance. Company agrees to procure and
23 ~maintain in force during the term of this Memorandum of
24 j' Understanding, and any extension thereof, at its expense, public
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25 liability insurance in companies and through brokers approved by
26 the City, adequate to protect against liability for damage claims
27 arising out of Company's operations under this Memorandum of
28 Understanding in a minimum amount of five hundred thousand
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1 dollars ($500,000) combined single limit. Company shall provide
2 to the City's Risk Management Division a certificate of insurance
3 and an additional insured endorsement which provides:
4 A. City of San Bernardino is an additional insured.
5 B. The insurance company name, policy number, period
6 of coverage, and amount of insurance.
7 C. That the City Clerk of the City of San Bernardino
8 must be given notice in writing at least thirty days prior to
9 cancellation, material change, or refusal to renew the policy.
10 D. That Company's insurance will be primary to any
11 coverage the City of San Bernardino may have in effect.
12 7. Political Activity Prohibited. Funds, materials,
13 property or services contributed by Office on Aging or City under
14 this Memorandum of Understanding shall not be used for any
15 participant political activity, or to further the election or
16 defeat of any candidate for public office.
17 8. Reli~ious Activities Prohibited. Religious worship,
18 instruction or proselytization shall not be instigated as part of
19 or in connection with the performance of this Memorandum of
20 Understanding.
21 9. Hold Harmless. Company shall hold City, its elective
22 and appointive boards, commissions, officers, agents and
23 employees, harmless from any liability for damage or claims for
24 damage, including all claims for personal injury, including
25 death, claims for property damage and any and all other claims or
26 liability which may arise from City's operations under this
27 Memorandum of Understanding, whether such operations be by City
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or acting as agent for, City. Company shal1 defend City and its
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elective and appointive boards, commissions, officers, agents and
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employees from any suits or actions at law or in equity for
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damages caused, or alleged to have been caused, by reason of any
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of such operations.
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10. Term. This Memorandum of Understanding shall be
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effective immediately, with provision of meals to start
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within ten days after execution hereof, or within ten days after
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request of Company, whichever is later, and shal1 continue in
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I effect for a period of one year subject to termination by either
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party for any reason upon thirty days written notice to the other
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party; provided, however, that should county, state or federal
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funding for the Nutrition for Seniors Program cease or decrease,
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City may unilaterally terminate this Memorandum of Understanding
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forthwith upon notification to Company.
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result of
this Memorandum of Understanding shall be in writing
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Notices. AIl notices to the parties arising as a
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and delivered in person or sent by certified mail, postage
'prepaid, return receipt requested, addressed as follows:
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COMPANY
CITY
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Mrs. Nellie Garcia
Executive Director
Healthways Resource Center
2730 North "E" Street
San Bernardino, CA 92405
24 IN WITNESS WHEREOF, the parties hereto have subscribed their
Director of Parks, Rec.
and Community Services
300 North "D" Street
San Bernardino, CA 92418
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ATTEST:
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I ~fM(~~
e1ty C er
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Approved as to form:
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Ci ty At orney
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