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HomeMy WebLinkAbout22-Parks and Recreation - CI~ OF SAN BI!RNARDIOo - RI!QUAT FOR COUNCIL AcQON From: Annie F. Ramos, Dir~trD.-1,O~,';:N. 07F'. Dept: Parks, Recreation & ~M~Se:r.'Vilrj:e~3 Date: October 16, 1986 Subject: Reso 1 ut i on authori zing a Memorandum of Understanding between the City of San Bernardino and Medical Heal thways , Inc., for Senior Nutrition Program meals. Synopsis of Previous Council action: Synopsis of previous Council Action: April 11, 1986 Resolution #86-134 authorizing an agreement with the County of San Bernardino relating to the continuance of a Senior Nutrition Program at the Highland Senior Citizens Center. Recommended motion: Adopt Resolution 2;~ .,"7 . - , - .~~ ... ~,:.- l. '-' . ~~. ...-.-. Sig ature Contact person: Anne Rhodes Phone: 383-5037 Supporting data attached: N/A Ward: FUNDING REQUIREMENTS: Amount: -0- Source: N/A N/A . Finance: Council Note$: 75.0262 An~nrl::l It'~rn r\.ln ~02.. lit ~1,9 OF SAN BERNARDI A - RI!QUaOr FOR COUNCIL Ac~N STAFF REPORT Hea lthways Subject Memorandum of Understanding formalizes t~e administrative, health, and liability requirements necessary for the City, through the Senior Cizi- zens Service Center kitchen, to furnish Senior Nutrition Program meals to Medical Hea1thways, Inc., for its Alzheimer's Day Care Program located at 2730 North "E" Street, San Bernardino, CA. ! . 75-0264 . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JII -'l u - o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SA~ BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MEDICAL HEALTHWAYS, INC. 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 Gity of San Bernardino is hereby authorized and directed to execute on behalf of said City a Memorandum of Understanding with Medical Healthways, Inc. relating to a nutrition for seniors program, a copy of which 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 Council of the City of San Bernardino at a meeting thereof, held on the day of , 1986, by the following vote, to wit: AYES: NAYS: ABSENT: City Clerk . . () 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , J.. _ Ii o " JI1 - o o of The foregoing resolution is hereby approved this day , 1986. Approved as to form: ,~//,dJl,tA/~:.-..f'/ City Attorney Mayor of the City of San Bernardino . Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III o o o MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this , 1986, by and between day of the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as .City., and MEDI~ H~ALTHWAYS, INC., hereinafter referred 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 estabish 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 Comoanv. 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 equip~ent furnished by the City. . . 0 1 2 3 4 5 6 7 8 9 10 11 o o o E. Collect donations for meals and maintain accountability on all meal donations collected in accordance with the following: (1) The donation for all senior nutrition program meals shall be one dollar and'fifty cents. (2) Sixty years is the qualifying minimum age for participation in the senior nutrition program. F. Senior citizen vol~nteers, Retired Senior Volunteer Program (RSVP), and Senior Companion Program (SCP) participants shall be required to sign in on a daily meal accountability record, which record shall include the hours 12 ,worked for each individual. 13 G. Company shall conform to all provisions of the 14 Civil Rights Act of 1964, as amended. 15 H. Company shall allow placement of a sign to be 16 furnished by City with substantially the following language in 17 the Activity Room of 2730 North "E" Street. 18 "TO WHOM IT MAY CONCERN 19 The Senior Citizen Nutrition Program shall not be 20 responsible for any food removed from this site by 21 participants following the serving of a regularly 22 scheduled nutritional meal. 23 THE CITY OF SAN BERNARDINO" 24 25 3. Duties of City. City shall: A. Furnish a maximum of twenty complete 26 individualized meals in accordance with the schedule below. City 27 shall also provide such equipment a$ the City deems necessary to 28 2 Q A _ o o o 1 provide the food, consumable supplie~, forms for accountability 2 or receipt of donation and a container for the donational 3 envelopes. 4 B. The City shall provide the meals referenced above 5 Monday through Friday, 11:30 a.m. to'12:30 p.m., excluding all 6 ,holidays on which Company does not operate. A list of such dates 7 shall be furnished to the City upon execution of this agreement. 8 Company shall pick up meals. Pick up of donations and items to 9 be processed by City for subsequent meals shall be scheduled at 10 or before 1:30 p.m. on serving days. 11 4. Chanaes. City or Company may request changes in the 12 scope of services of either party to be performed under this 13 Memorandum of Understanding. Said changes, including an increase 14 15 16 17 18 19 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 Undertanding. 5. ComDliance With the Law. ~ompany shall comply with 'all 20 applicable laws, ordinances and codes of the federal, state and 21 local governments, including but not limited to those pertaining 22 to the Senior Nutrition Program. 23 24 25 26 6. Liabilitv Insurance. co~pahy agrees to procure and maintain in force during the term of this Memorandum of ) Understanding, and any extension th~reof, at its expense, public liability insurance in companies and through brokers approved by . 27 the City, adequate to protect against liability for damage claims 28 3 . 0 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 L ~ o o o arising out of Company's operations, under this Memorandum of Understanding in a minimum amount of'one million dollars combined single limit. Company shall provide to the City's Risk Management Division a certificate of ~nsQrance 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 insuranc~. C. That the City Clerk of the City of San Bernardino must be given notice 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 Activitv 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. Reliaious Activities Prohibited. Religious worship, , , instruction or proselytization shall not be instigated as part of or in connection with the performance' of' this Memorandum of Understanding. 9. Hold Harmless. Company sh~ll hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage, including all claims for personal injury, including death, claims for property damage and any and all other claims or 4 . C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 J - - a ~ w o o o liability which may arise from City's operations under this Memorandum of Understanding, whether such operations be by City or by anyone or more persons directly or indirectly employed by, or acting as agent for"City. Company shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of such opoeration. 10. Term. This 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 effect for . ~', a period of one year subject to termination by either party for any reason upon thirty daysl written notice to the other party" provided, however, that should county, state or federal funding for the Nutrition for Senior Program. cease or decrease, City may unilaterally terminate this Memorandum of Understanding forthwi~h upon notification to Company. 11. Notices. All notices to the parties arising as a result of this Memorandum of Understanding shall be in writing.' and delivered in person or sent by certified mail, postage prepaid, return reeipt requested, addressed as follows: ; COMPANY CITY Ms. Carole Flaherty Administrative Director Healthways Resource Center 2730 North WEW Street San Bernardino, CA 92405 Director of Parks, Recreation ,and Community Services 300 North wDw Street San Bernardino, CA 92418 .~~r 5 , . C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III - - o .tL o J.. o IN WITNESS WHEREOF, the pa~ties hereto have susbsc~ibed thei~ names the day and d yea~ first he~ein ww~iitten above. 'CITY OF SAN BERNARDINO ATTEST: City Cle~k App~oved as to fo~m: City Atto~ney By Mayo~ MEDICAL HEALTHWAYS, INC. By Title 6