HomeMy WebLinkAbout16-Parks and Recreation
'CIH OF SAN BERNARDQo - REQUWT FOR COUNCIL AC~ON
From: Annie F. Ramos, Director I'[C'D .AD,..,It!~t.,Resolution authorizing a tlemorandum of
.. . I, Understanding between the City of San
Dept: Parks, Recreation & COlMlunity Serrill'l!s IS" c ~ernardino and the Housing Authority of
" '.' , J.,' 1:he County of San Bernardino to operate
Date: November 18, 1987 a Senior Nutrition Site at the Hhitney
Young Center.
Synopsis of Previous Council action:
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Resolution #86-134, dated April 11, 1986, authorized an agreement with the County of
San Bernardino relating to the continuance of a Senior Nutrition Program at the
Whitney Young Center. -
Resolution #86-446, dated November 3, 1986, renewed orginal agreement.
Resolution #87-358, dated September 28, 2987, authorized an MOU with the Housing
Authority of the County of San Bernardino to operate a Senior Nutrition Site at
the Whitney Young Center.
Recommended moti,on:
Adopt Resolution.
Contact person:
John A. Kramer
Phone:
384-5031
N/A
N/A
Supporting data attached:
N/A
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Sou rce:
Finance:
Council Notes:
75-0262
Aaenda Item No,
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'CIN OF SAN BERNARDf...O - REQU&.Jr FOR COUNCIL AC':bN
Resolution authorizing a ~lemorandum STAFF REPORT
of Understanding between the City
of San Bernardino and the Housing
Authority of the County of San
Bernardino to operate a Senior
Nutrition Site at the Whitney
Young Center.
By resolution of the Mayor and Common Council adopted on September 2B, 1987, the Mayor
was authorized to execute a Memorandum of Understanding with respect to the Senior
Nutrition Program and the provision for meals thereunder to the Housing Authority of
the County of San Bernardino. Said Memorandum of Understanding was subsequently
submi tted to the Hous ing Authori ty fO,r execution. The Housi ng Authority upon
reading Section 10 thereof, requested the amendment to the language of the Hold
Harmless Agreement. Having reviewed such proposed amended language, it appears that the
proposed amendment will properly secure the interests of the City while also providing
some better protection for the Housing Authority. This Agreement has therefore been
brought back in exactly the same form as previously approved save for the amendment
of Section 10.
November 18, 1987
75.0264
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10-30-87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION BY THE MAYOR AND COMMON COUNCIL OF A MEMORANDUM OF
UNDERSTANDING FOR A NUTRITION FOR SENIORS PROGRAM BETWEEN THE
CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY
OF SAN BERNARDINO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of
San Bernardino are hereby authorized and directed to execute
on behalf of City, a Memorandum of Understanding establishing
a Senior citizen Nutrition Program at 1755 Maple Street,
San Bernardino, California 92411. A copy of said Memorandum
of Understanding is attached hereto and marked Exhibit "A"
and incorporated herein by reference as though fully set forth
at length.
SECTION 2. Resolution 87-358 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1987, by the following vote,
to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
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10-30-87
The foregoing resolution is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
Approved as to form and legal content:
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1 MEMORANDUM OF UNDERSTANDING
2 (Nutrition for Senior Program)
3 THIS MEl10RANDUM OF UNDERSTANDING is made and entered into
4 on this day of , 1987, by and between the
5 City of San Bernardino, a municipal corporation, hereinafter re-
6 ferred to as "City", and the Housing Authority of the County of
7 San Bernardino, a body corporate and politic and a political sub-
8 division of the State of California, hereinafter referred as
9 "Housing Authority".
10 City and Housing Authority agree as follows:
11 1. This ~~emorandum of Understanding is made with reference
12 to the following facts and objectives:
13 A. City currently operates a Nutrition for Seniors
14 Program, which program is the subject of a contract between the
15 County of San Bernardino Office on Aging and the City of San
16 Bernardino.
17 B. The parties desire to establish a Senior Citizen
18 Nutrition site at 1755 ~aple Street, San Bernardino, California
19 92411.
20 2. Term. This Memorandum of Understanding shall be effec-
21 tive immediately, with provision of meals to start within ten days
22 after execution hereof, and shall continue in effect for a period
23 of one year subject to termination by either party for any reason
24 upon thirty days' written notice to, the other party; provided,
25 however, that should County, State of Federal funding for the
26 Nutrition for Seniors Program cease or decrease, City may uni-
27 laterally terminate this 11emorandum of Understanding forthwith
28 upon notification to Housing Authority.
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3. Duties of Housing Authority. Housing Authority shall:
A. Provide suitable and adequate space within the
building at 1755 Maple street, San Bernardino, to accomodate the
program.
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22 Upon the occurrence of such scheduling conflict, the City shall
23 be notified of the conflict twenty four hours in advance. The
24 alternate space for the Senior Nutrition Program shall be posted
25 in advance and otherwise made known to the Senior Nutrition Pro-
26 gram staff and clientele.
27 F. Safeguard any equipment furnished by the City.
28 G. Housing Authority shall conform to all provisions
B. Permit use of the kitchen facilities for the serving
of meals which shall be transported in bulk from the Senior Center
at 600 West Fifth Street, San Bernardino.
C. Maintain the building and provide utilities for the
use of the nutrition program as required.
D. Provide janitorial/custodial services other than
those specifically related to the serving of meals which shall be
the responsibility of the City.
E. Designate any employee to be responsible for the
scheduling of the use of the meeting room. The employee shall
require that, the room be available to the City at the time desig-
nated for the preparation, serving and clean-up associated with
the Nutrition for Seniors Program. If a scheduling conflict
develops with the County Department of Health's Women, Children
and Infant Program (WIC), WIC shall have the priority for the use
of the meeting room and an alternate space for the serving of
meals shall be provided for the Nutrition for Seniors Program.
10-30-87
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1 of the Civil Rights Act of 1964, as amended.
2 H. Housing Authority shall allow placement of a sign
3 to be furnished by the City with substantially the following
4 language in the meeting room of 1755 Maple Street:
5 TO WHOM IT MAY CONCERN
6 The Senior Citizen Nutrition Program shall not
7 be responsible for any food removed from this
8 site by participants following the serving of
9 a regularly scheduled nutritional meal.
10 THE CITY OF SAN BERNARDINO
11 4. Duties of the City. City shall:
12 A. Furnish a maximum of fifty complete meals (in bulk)
13 in accordance with the schedule below. With every such delivery
14 of'food, City shall also provide such equipment as the City deems
15 necessary to transport and serve the food and supplies to faci1i-
16 tate the consumption of the food by meal recipients. City shall
17 further supply the forms on which Housing Authority shall account
18 for meals served. Any exceptions to the items listed above shall
19 be coordinated between City and Housing Authority at least twenty
20 four (24) hours in advance of the next scheduled delivery.
21 B. Schedule. City shall deliver the meals referenced
22 above on each day, Monday through Friday, between 12:00 noon and
23 1:00 p.m. Deliveries shall not be made on holidays on which
24 either the City o~ Housing Authority does not operate. A list of
25 such delivery dates and holidays shall be exchanged by the Senior
26 Nutrition Project Director and the Housing Authority Meal Program
27 Director at the time of the execution of this Memorandum of Under-
28 standing.
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1 c. Provide a paid Nutrition site Coordinator for three
2 hours per day the day on which meals are delivered, between the
3 hours of and , and sufficient volunteers to
4 administer the program, serve food, and clean up after meals as
5 determined by the Nutrition Project Coordinator in his or her sole
6 discretion.
7 5. Changes. City or Housing Authority may request changes
8 in the scope of services of either party to be performed under
9 this Memorandum of Understanding. Said changes shall not become
10 effective until incorporated as an amendment to this Memorandum
11 of Understanding.
12 6. Compliance With the Law. Housing Authority shall comply
13 with all applicable laws, ordinances and codes of the Federal,
14 State and Local Governments, including but not limited to those
15 pertaining to the Senior Nutrition Program.
16 7. Liability Insurance. The Housing Authority of the City
17 of San Bernardino agrees to provide to the City's Risk Management
18 Division a written notice of self-insurance and an additional
19 endorsement which provides:
20 A. That any claim arising against the City of San
21 Bernardino from acts committed pursuant to this agreement shall
22 be covered under any plan of self-insurance utilized by the
23 Housing Authority during the life of this contract or any ex ten-
24 sion thereof.
25 B. That the City Clerk of the City of San Bernardino
26 must be given notice in writing of any material change in such
27 plan of self-insurance at least thirty days prior to such change.
28 III
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1 C. That the Housing Authority's insurance indemnity
2 plan of self-insurance will be primary in coverage of any claim
3 arising from acts executed in the performance of this agreement
4 to any coverage the City of San Bernardino may have in effect.
5 8. political Activity Prohibited. Funds, materials, pro-
6 perty or services contributed by the office on aging or City
7 under this Memorandum of Understanding shall not be used for any
8 participant political activity or to further the election or de-
9 feat of any candidate for public office.
10 9. Religious Activities Prohibited. Religious worship,
11 instruction or proselytization shall not be instigated as part
12 of or in connection with the performance of this Memorandum of
13 Understanding.
14 10. Hold Harmless. Each party to this agreement agrees to
15 indemnify and hold harmless the other its agents and representa-
16 tives from any and all claims, losses, and damages occurring or
17 resulting from any negligent or wrongful act or omission of its
18 officers, agents or employees in the performance of this contract.
19 11. Notices. All notices to the parties arising as a result
20 of this Memorandum of Understanding shall be in writing and de-
21 livered in person or sent by certified mail, postage prepaid,
22 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 "D" Street
San Bernardino, CA. 92410
Director of Parks, Recreatio
and Community Services
300 North "D" Street
San Bernardino, CA. 92418
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10-30-87
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ENTIRE AGREEMENT: This agreement contains the entire agree-
ment, and no other agreement statement or promise made by any
party which is not contained in this agreement shall be binding
or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names the day and year first herein written above.
CITY OF SAN BERNARDINO
By:
lolayor
ATTEST:
HOUSING AUTHORITY
City Clerk
By:
Approved as to form and legal content:
10-30-87
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