HomeMy WebLinkAboutS05-Parks and Recreation
I 'L~J 11
CI(I OF- SAN BERNARDgO - REQUOT FOR COUNCIL AcQON
From:
ANNIE F. RAMOS, DIRECTOR
PARKS, RECREATION AND
COMMUNITY SERVICES
JANUARY 15, 1985
Subjact: Resolution and Memorandum of Understandinc
with Medical Healthways, Inc. relating .
to the Nutrition for Seniors Program
Dapt:
Date:
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt the Resolution.
Signature
Contact person:
Ted Carry
Phone:
Supporting data attached:
Ward:
5364
5
FUNDING REQUIREMENTS:
Amount:
Source: Federally funded
Finance:
Council Notes:
75-0262
Agenda Item No.
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RF.SOLllTlON NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MEDICAL
HEALTHWAYS, INC., RELATING TO THE 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 is hereby authorizpd and directed to
execute on behalf of said City a memorandum of understanding with
Medical Hea1thways, Inc., relating to the Nutrition for Seniors
Program, which memorandum of understanding is attached 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 Counc il of the Ci ty of San
Bernardino at a
meeting thereof, held on
the
day of
, 1985, by the following
16 vote, to wi t :
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17 " AYES:
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Council ME'mbers
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NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day of
, 198.5.
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!, Approved as to form:
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Mayor of the City of San Bernardino
Ci ty Attorney
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this
, 1985, by and between
day of
the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as "City", and MEDICAL HEALTHWAYS, INC., hereinafter
ref erred to as "Company".
City and Company agree as follows:
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. EnsLl:.p tl,at ad!,PrE.ncp to al1 1:,.,,'th COdf
requirements is maintained, including but not limited to those
pertaining to sanitation and food handling principles.
D. Safeguard any equipment furnished by the City.
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E. Collect donations for meals and maintain .
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accountability on all meal donations collected in accordance with
the following:
(I) 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 progran..
F. Senior citizen volunteers, Retired Senior Volunteer
Program (RSVP), and Senior Companion Program (SCP) participants
shall be required to sign in on a separate daily meal
accountabili ty record, whi ch record sha 11 inc Iud e the hours
worked for each individual.
G. Company shall 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 t1AY CONCERN
The Senior Citizen Nutrition Program shall not be
responsible for any food removed from this site by participants
following the serving of a regularly scheduled nutritional meal.
The City of San Bernardino"
3. Duties of City. City shall:
A. Furnish a maximum of twenty complete,
individ:.1a]jzf-d nJPB!S aC('(Jrdcncp \-:iIL the:- schf-oulE- bfJCJW. Cit).
25 i shall also provide such equipment as the City deems necessary to
26 ! provide the food, consumable supplies, forms for accountability
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27 lor receipt of donation and a containE'r for the donation
28 envelopes. .
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B. Th~ City shall provide the meals referenced above
Monday through Friday, 11:30 a.m. to 12:30 p.m., excluding all
holidays on which Company does not operate. A list of such
dates shall be furnished to the City upon execution of this
agreement. Delivery of meals shall b~ made by the City Tuesday
through Friday. Company shall pick up meals each Monday at 123
North Mountain View Avenue. Pick up of donations and items to bE:
processed by City for subsequent meals shall be scheduled at or
before 1:30 p.m. on serving days.
4. Changes. City or Company may request changes in the
scope of services of either party to be performed under this
Memorandum of Understanding. Said changes, including an increase
or decrease in the amount of delivery or the days of service,
must be mutually agreed upon by City and Company, and must be
incorporated in written amendment to this Memorandum of
Understanding except as provided in the "Term" provision of this
Memorandum of Understanding.
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1: 5. Compliance with the Law. Company shall comply with all
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~applicable laws, ordinances and codes of the federal, state and
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h local governments, including but not limited to those pertaining I
I to the Senior Nutrition Program. :
. 6. Liabi I i ty Insurance. Conlpan)" agn.es to procure and
maintain in force during the term of this Memorandum of
(lndFrstanding~ Hnd any f-Ytr-q::;ion thr-'r-(If, at its f'xppnSf-, pub] j::-
'I liability insurance in companies and through brokers approved by
Ithe City, adequate to protect against liability for damage claims
,i arising out of Company's operations under this Memorandum of
28 ril Understanding in a minimum amount of five hundred t.housand I i
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dollars ($500,000) combined single limit. Company shall provide
to the City's Risk Management Division a certificat.e of insurance
and an additional insured endorsement which provides:
A. City of San Bernardino is an additional insured.
B. The insurance company name, policy number, period
of coverage, and amount. of insurance.
C. That. t.he l:;ity CI erk of the Ci ty of San Bernard i no
must be given not.ice in writing at least thirty days prior to
cancellation, material change, or refusal to renew the policy.
D. That Company's insurance will be primary to any
coverage the City of San Bernardino may have in effect.
7. Political Activity Prohibited. Funds, materials,
property or services contributed by Office on Aging or City under
this Memorandum of Understanding shall not be used for any
participant political activity, or to further the election or
defeat of any candidate for public office.
8. Religious Activities Prohibited. Religious worship,
instruction or proselytization shall not be instigated as part of
or in connection with the performance of this Memorandum of
Understand ing.
9. Hold Harmless. Company shall hold City, its elective
!and appointive boards, commissions, officers, agents and
Ii employees, harmless from any liability for damage or claims for
danJa~F, inclu~ir;:;" J]] cla.inis f~)~. pE-rsonCJ1 injury, inc},udin[:,
,
jdeath, claims for property damage and any and all other claims or
liability which may arise from City's operations under this
!.Memorandum of Undl'rstanding, whl'ther such operations be by City
28 lor by anyone or more persons directly or indirectly employed by,
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II or acting as agent for, City.
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!I elective and appointive boards, commissions, officers, agents and
II employees from any suits or actions at law or in equity for
I damages caused, or alleged to have been caused, by reason of any
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lof such operations.
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Company shall defend City and its
10. ~. TIds Memorandum of Understanding shall be
effective immediately, with provision of meals to start
within ten days after execution hereof, or within ten days after
request of Company, whichever is later, and shall continue in
II 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
party; provided, however, that should county, state or federal
"funding for the Nutrition for Seniors Program cease or decrease,
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City may unilaterally terminate this Memorandum of Understanding
forthwith upon notification to Company.
11. Notices. All notices to the parties arising- as a
Jresult of this Memorandum of Understanding shall be in writing
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land delivered in person or sent by certified mail, postage
jprepaid, return receipt requested, addressed as follows:
COMPANY
CITY
Mrs. Nellie Garcia
Executive Director
Healthways Resource Center
L 730 North "E" Street
San Bernardino, CA 92405
Director of Parks, Rec.
and Community Services
300 North "D" Street
San Bernardino, CA 92418
I"~ '.:ITNF,SS \.JHERFOF, the parti~-:-., h(~rfio hav~ sub:::;() jbFd lljf-l1
25 names the day and year first herein written above.
26 CITY OF SAN BERNARDINO
ATTEST:
27
By
Mayor
28 I, Ci t.y Cl erk !
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4 Approved 8S to form:
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7 City Attorney
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MEDICAL HEALTHWAYS, INC.
By
Title
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