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HomeMy WebLinkAbout30-Parks and Recreation CIT9 OF SAN BERNARDI~ - REQUIL>r FOR COUNCIL AC N Dept: Parks, Recreation .,~~ifU:MHo\~s&lf~ion authorizing a Memorandum R~. of Under.standing between the City of & Commun i ty Serv ices "0' I"\. \ '3 Sij" aerffllrd i no and the San Bernard i no Lo' ~u Lighthouse for the Blind, Inc., for Senior Nutrition Program meals. From: Annie F. Ramos, Director Date: June 2, 1987 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION ~ }~...~ Signature Contact person: Ann i e F. Ramos Phone: 383-5030 Supporting data attached: N/ A Ward: N/A FUNDING REQUIREMENTS: Amount: -0- Source: N/ A Finance: Council Notes: 75-0262 Agenda Item No. ~ 0 . C(:;y OF SAN BERNARoQO - REQU~T FOR COUNCIL ACf?ON STAFF REPORT Subject Memorandum of Understanding formalizes the administrative, health, and liability requirements necessary for the City,through the Senior Citizens Service Center kitchen, to furnish Senior Nutrition Program meals to the San Bernardino Lighthouse for the Blind, Inc., located at 762 North Sierra Way, San Bernardino, CA 92410. The Lighthouse for the blind serves a high percentage of senior citizens. Non-seniors, also served by the Lighthouse programs, are afforded participation in the nutrition services through the programatic sponsorship of the Lighthouse. For building and health code reasons, the Lighthouse kitchen has recently been declared incapable of meeting the nutrition needs of the Lighthouse. The Light- house requested assistance through the Senior Nutrition Program. It was determined that the kitchen of the Senior Citizens Service Center could provide up to ninety (90) additional daily meals, within existing resources, to the Lighthouse. The County Office on Aging, the contracting agency funding the Senior Nutrition Program, concurred and granted authority to establish a senior nutrition site at the Lighthouse for the Blind facility. There is no additional cost to the City. .--". 75.0264 ~-l-Sl , , c o o ,:> 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN 3 BERNARDINO LIGHTHOUSE FOR THE BLIND, INC., RELATING TO SENIOR NUTRITION PROGRAM MEALS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a Memorandum of Understanding with the San Bernardino Lighthouse 9 for the Blind, Inc., relating to the Senior Citizens Nutrition 10 Program meals, a copy of which is attached hereto, marked Exhibit 11 "A" and incorporated herein by reference as fully as though set 12 forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on 16 the day of , 1986, by the following 17 vote, to wit: 18 19 AYES: Council Members 20 NAYS: 21 ABSENT: 22 23 24 25 26 27 28 City Clerk 6-29-87 1 c o o o 1 2 of The foregoing resolution is hereby approved this , 1987. day 3 4 Approved as to 5 legal content: 1\ ! i form and 6 ) .;~--- y Attorney 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-29-80 Mayor of the City of San Bernardino 2 o o o o 1 2 3 4 5 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 1987, by and between the City of San Bernardino, a municipal corporation, hereinafter 6 referred to as "City", and the San Bernardino Lighthouse for the 7 Blind, Inc., hereinafter referred to as the "Lighthouse". 8 9 10 City and Lighthouse agree as follows: 1. This Memorandum of Understanding is made with reference to the following facts and objectives: 11 12 A. City currently operates a Nutrition for Seniors Program, which program is the subject of a contract between the 13 County of San Bernardino Office on Aging and the City of San 14 Bernardino. 15 16 B. The parties desire to formalize a Senior Citizen Nutrition Site at 762 North Sierra Way, San Bernardino, 17 18 California 92410, a facility operated by Lighthouse, a private, non-profit organization which serves the visually handicapped and 19 the blind, the majority of which are senior citizens. 20 21 22 2. Duties of Liqhthouse. Lighthouse shall: A. Provide suitable and adequate space for the consumption of meals in a designated area and allow use of 23 24 kitchen equipment in support of the serving of meals transported in bulk from the Senior Center at 600 West Fifth Street, San 25 26 Bernardino. 27 B. Provide all necessary volunteers and, any paid 28 personnel, which may be required. 6/29/87 1 J:nIlRIT A c o :> o 1 c. 2 but not limited 3 handling. 4 D. 5 E. 6 accountabil i ty 7 following: 8 Adhere to all Health Code requirements, including to those pertaining to sanitation and food Safeguard any equipment furnished by the City. Make payment for meals and maintain on all meals provided in accordance with the (1) Prior to the serving of a meal, a 9 certification list verifying the receipt of a meal must be signed 10 by the r~cipient. There shall be two certification lists, as 11 follows: 12 (a) One list to be signed by those meal 13 recipients over sixty (60) years of age, and spouses of such 14 qualifying seniors regardless of age. Persons on this list may 15 participate on a low-cost basis. Persons not yet sixty must be 16 accompanied by the spouse who qualifies to receive the low cost 17 meals. 18 (b) The second list shall be signed by those 19 meal recipients of the Lighthouse who are not yet sixty (60) 20 years of age and, guests of participant seniors when such guest 21 is not yet sixty (60) years of age. All persons in this category 22 are required to pay a guest meal fee which represents the actual 23 cost of the meal. 24 The certification forms bearing the original 25 signatures shall be returned to the City as verification of meals 26 served. A copy of each list is to be retained as a record by the 27 Lighthouse for payment purposes. 28 6/29/87 2 o o o o 1 <d) Regarding the blind who would be unable to 2 personally sign a list, a staff person may record the client's 3 name. The staff member shall initial same. 4 (2) The fee for all meals shall be in 5 accordance with the following: 6 (a) Meal recipients who are sixty (60) years 7 and older, their qualifying spouses, and guests who are over 8 sixty (60) years of age shall pay one dollar and fifty cents 9 ($1.50) per meal. 10 (b) For those Lighthouse clientele and guests 11 not yet sixty (60) years of age, the meal fee is calculated in 12 accordance with the County Office on Aging Nutrition Po1iciis and 13 Procedures Manual. This is subject to variance predicated on the 14 cost of meals. Presently, this fee is 15 Any changes in meal fees shall be coordinated in advance. 16 (3) The Lighthouse shall pay monthly for meals 17 delivered. Payment shall be made within thirty (30) days of 18 date that payment is due. Any payments more than sixty (60) days 19 late may, in the City's sole discretion, be cause for the 20 suspension of further deliveries of ~~nls. 21 F. Lighthouse shall conform to all provisions of the Civil 22 Rights Act of 1964, as amended. 23 G. Lighthouse shall allow placement of a sign to be 24 furnished by City in the designated food consumption areas with 25 substantially the following language: 26 27 28 "TO WHOM IT MAY CONCERN You are hereby notified that the Senior Citizens Nutrition Program and the City 6/29/87 3 c o o ~ 1 2 3 4 5 6 of San Bernardino shall not be in any way responsible for the condition of any food removed from this site by any unauthorized period following the serving of a regularly scheduled nutritional meal. The City of San Bernardino" 3. Duties of the Citv. The City shall: A. Furnish a maximum of ninety complete meals (in 7 bulk) in accordance with the schedule below. With every such 8 delivery of food, City shall also provide such equipment as the 9 City deems necessary to transport and serve the food and supplies 10 to facilitate the consumption of the food by meal recipients. 11 City shall further supply the forms on which Lighthouse shall 12 account for the meals served. Any exceptions to the items 13 listed above shall be coordinated between City and Lighthouse a 14 day in advance of a scheduled delivery. 15 B. Deliver the meals referenced above on each day, 16 Monday through Friday, between 11:30 a.m. and 12:30 p.m. 17 Deliveries shall not be made on hOlidays on which either the 18 City or Lighthouse does not operate. A list of such delivery 19 dates and hOlidays shall be exchanged by the Senior Nutrition 20 Project Director and the Lighthouse Director at the time of the 21 execution of this Memorandum of Understanding. 22 4. Changes. City or Lighthouse may request changes in the 23 scope of services to be performed under this Memorandum of 24 Understanding. Said changes, including any change in the number 25 of deliveries or the dates of service, shall be mutually agreed 26 upon by City and Lighthouse. No such change shall be binding on 27 either party until such change is incorporated in a written 28 amendment to this Memorandum of Understanding. 6/29/87 4 c o o o 1 5. Compliance With the Law. Lighthouse shall comply with 2 all applicable laws, ordinances and codes of the federal, state 3 and local governments, including but not limited to local health 4 ordinances and laws specifically pertaining to the Senior 5 Nutrition Program. 6 6. Liabi1itv Insurance. Lighthouse agrees to procure and 7 maintain in force during the term of this Memorandum of 8 Understanding, and any extension thereof, at its expense, Public 9 Liability Insurance in companies and brokers, approved by the 10 City, adequate to protect against liability for damage claims 11 arising out of Lighthouse operations under this Memorandum of 12 Understanding in a minimum amount of one million dollars 13 ($1,000,000) combined single limit. Before commencement of the 14 deliveries required herein, Lighthouse shall provide to the 15 City's Risk Management Division a certificate of insurance and an 16 additional insured endorsement which provides: 17 A. City of San Bernardino is an additional insured. 18 B. The insurance company name, policy number, 19 periods of coverage, and amount of insurance. 20 C. That the City Clerk of the City of San Bernardino 21 must be given notice in writing at least thirty (30) days prior 22 to cancellation, material change, or refusal to renew the policy. 23 D. That company's insurance will be primary to any 24 coverage the City of San Bernardino may have in effect. 25 7. Political Activitv Prohibited. Funds, materials, 26 property or services contributed by Office on A9iDg or City under 27 this Memorandum of Understanding shall not be used for any 28 6/29/87 5 o o o o 1 participant political activity, or to further the election or 2 defeat of any candidate for public office. 3 8. Religious Activities Prohibited. Religious worship, 4 instruction or proselytization shall not be instigated as part of 5 or in connection with the performance of this Memorandum of 6 Understanding. 7 9. Hold Harmless. Lighthouse shall hold City, its 8 elective and appointive boards, commissions, officers, agents and 9 employees, harmless from any liability for damage or claims for 10 damage, including all claims for property damage and any and all 11 other claims or liability which may arise from City's operations 12 under this Memorandum of Understanding, whether such operations 13 be by City or by anyone or more persons directly or indirectly 14 employed by, or acting as agent for, City. Lighthouse shall 15 defend City and its elective and appointive boards, commissions, 16 officers, agents and employees from any suits or actions at law 17 or in equity for damages caused, or alleged to have been caused, 18 by reason of any of such operations. 19 10. Term. This Memorandum of Understanding shall be 20 effective immediately, and shall continue in effect until 21 , sUbject to termination by either party 22 for any reason upon thirty (30) days' written notice to the other 23 party. Notwithstanding any other provision contained herein, 24 should county, state, or federal funding for the Nutrition for 25 Seniors Program cease or decrease, City may in the exercise of 26 its sole discretion, unilaterally terminate this Memor~ndum of 27 Understanding forthwith upon three (3) days' notice to 28 6/29/87 6 c o o o 1 Lighthouse. Either party may, upon five (5) days' written notice 2 to the other party, terminate the agreement without setting forth 3 a cause for such termination. 4 11. Notices. All notices to the parties arising as a 5 result of this Memorandum of Understanding shall be in writing 6 and delivered in person or sent by certified mail, postage 7 prepaid, return receipt requested, addressed as follows: 8 9 Association ~ Robert G. ~cBay, Executive Director 10 San Bernardino Lighthouse for the Blind, Inc. 11 762 North Sierra Way San Bernardino, CA 92410 Director of Parks, Recre- ation and Community Services 300 North "D" Street San Bernardino, CA 92418 12 13 14 IN WITNESS WHEREOF, the parties hereto have subscribed their names, the day and year first herein written above. 15 ATTEST: 16 17 18 City Clerk 19 20 21 22 23 Approved as to form and legal content: 24 25 City Attorney 26 27 28 6/29/87 CITY OF SAN BERNARDINO By Mayor LIGHTHOUSE FOR THE BLIND, INC. By Title 7