HomeMy WebLinkAbout36-Parks and Recreation
, CCY OF SAN BERNAR~O - REQUnT FOR COUNCII".~c-,ON
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From: Annie F. Ramos, Director Subject: Resolution authorizing a Memorandum
of Understanding between the City of
Dept: Parks, Recreation & Community Services San Bernardino and the San Bernardino
Lighthouse for the Blind, Inc., for
Date: August 19, 1987 Senior Nutrition Program meals,
Synopsis of Previous Council action:
Resolution #87-241 dated July 20, 1987, original agreement establishing a nutrition
site,
Recommended motion:
Adopt Resolution.
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Signature
Contact person:
John A. Kramer
Phone:
384-5031
Supporting !lata attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda ItlVTI No. - -q ~,
, CILY OF SAN BERNARD--"10 - REQUrT FOR COUNCIL AC.,ON
Resol ution authori zing a 11emorandum
of Understanding between the City of
San Bernardino and the San Bernardino
Lighthouse for the Blind, Inc., for
Senior Nutrition Program meals.
Page 2
STAFF REPORT
Subject Memorandum of Understanding is required to formalize the continued establish-
ment of a Senior Nutrition Program feeding site at the San Bernardino Lighthouse for
the Blind, 762 North Sierra Way, San Bernardino, California, and to outline the
responsibilities applicable to both parties in respect to the operation of said
site,
August 19, 1987
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH SAN
BERNARDINO LIGHTHOUSE FOR THE BLIND, INC. RELATING TO A
NUTRITION FOR SENIORS PROGRAM
BE IT RESOLVED BY TilE MAYOR AND COI4MON COUNCIL OF
THE CITY OF S&~ BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino
is hereby authorized and directed to execute on behalf of
said City a Memorandum of Understanding with San Bernardino
Lighthouse for the Blind, 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
, 1987, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
9/24/87
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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
referred to as "City", and the San Bernardino Lighthouse for
the Blind, Inc., hereinafter referred to as the "Lighthouse".
City and Lighthouse 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
13 the County of San Bernardino Office on Aging and the City of
14 San Bernardino.
15 B. The parties desire to formalize a Senior Citizen
16 Nutrition Site at 762 North Sierra Way, San Bernardino,
17 California 92410, a facility operated by Lighthouse, a private,
18 non-profit organization which serves the visually handicapped,
19 the majority of which are senior citizens.
20 2. Term.
21 A. This Memorandum of Understanding shall be effective
22 immediately, and shall continue in effect until June 30, 1988.
23 B. This agreement may be terminated without cause
24 by either party upon five (5) days' prior written notice to the
25 other party.
26 C. Notwithstanding any other provision contained
27 herein, should county, state, or federal funding for the Nutrition
28 for Seniors Program cease or decrease, City may in the exercise
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15 D. Safeguard any equipment furnished by the City.
16 E. Make payment for meals and maintain accountability
17 on all meals provided in accordance with the following:
18 (1) Prior to the serving of a meal, a
19 certification list verifying the receipt of a meal must be
20 signed by the recipient. There shall be two certification
21 lists, as follows:
22 a. One list to be signed by those meal
23 recipients over sixty (6~years of age, and spouses of such
24 qualifying seniors regardless of age. Persons on this list may
25 participate on a low-cost basis. Persons not yet sixty must be
26 accompanied by the spouse who qualifies to receive the low
27 cost meal.
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of its sole discretion, unilaterally terminate this Memorandum
of Understanding forthwith upon three (3) days' notice to
Lighthouse.
3. Duties of Lighthouse. Lighthouse shall:
A. Provide suitable and adequate space for the
consumption of meals in a designated area and allow use of
kitchen equipment in support of the serving of meals transported
in bulk from the Senior Center at 600 West Fifth Street, San
B. Provide all necessary volunteers and, any paid
personnel, which may be required.
C. Adhere to all Health Code requirements, including
but not limited to those pertaining to sanitation and food
handling.
b.
Except as provided in subsection (a),
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1 immediately above, the second list shall be signed by those
2 meal recipients of the Lighthouse who are not yet sixty (60)
3 years of age and, guests of participant seniors when such guest
4 is not yet sixty (60) years of age. All persons in this
5 category are required to pay a guest meal fee which represents
6 the actual cost of the meal.
7 The certification forms bearing the original
8 signatures shall be returned to the City as verification of
9 meals served. A copy of each list is to be retained as a record
10 by the Lighthouse for payment purposes.
11 (c) Regarding the blind who would be unable to
12 personally sign a list, a staff person may record the client's
13 name. The staff member shall initial same.
14 (2) The fee for all meals shall be in
15 accordance with the following:
16 (a) Meal recipients who are sixty (60) years
17 and older, their qualifying spouses, and guests who are over
18 sixty (60) years of age shall pay one dollar and fifty cents
19 ($1.50) per meal.
20 (b) Except as set forth in subsection (a)
21 immediately above, for those Lighthouse clientele and guests
22 not yet sixty (60) years of age, the meal fee is calculated in
23 accordance with the County Office on Aging Nutrition Policies
24 and Procedure Manual. This is subject to variance predicated
25 on the cost of meals. Presently, this fee is three dollars
26 and ten cents ($3.10). Any change in meal fees shall be
27 coordinated in advance.
28 (3) The Lighthouse shall pay monthly for meals
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1 delivered. Payment shall be made within thirty (30) days of
2 date that payment is due. Any payments more than sixty (60)
3 days late may, in the City's sole discretion, be cause for the
4 suspension of further deliveries of meals.
5 F. Lighthouse shall conform to all provisions of
6 the Civil Rights Act of 1964, as amended.
7 G. Lighthouse shall allow placement of a sign to be
8 furnished by City in the designated food consumption areas
9 with substantially the following language:
10 "'ro WHOM IT MAY CONCERN
11 You are hereby notified that the Senior
12 Citizens Nutrition Program and the City
13 of San Bernardino shall not be in any way
14 responsible for the condition of any food
15 removed from this site by any unauthorized
16 person following the serving of a regularly
17 scheduled nutritional meal.
18 The City of San Bernardino"
19 3. Duties of the City. The City shall:
20 A. Furnish a maximum of ninety complete meals (in
21 bulk) in accordance with the schedule below. With every such
22 delivery of food, City shall also provide such equipment as
23 the City deems necessary to transport and serve the food and
24 supplies to facilitate the consumption of the food by meal
25 recipients. City shall further supply the forms on which
26 Lighthouse shall account for the meals served. Any exceptions
27 to the items listed above shall be coordinated between City
28 and Lighthouse at least twenty-four (24) hours in advance of
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the next scheduled delivery.
B. Dellver the meals referenced above on each day,
Monday through Friday, between 11:30 a.m. and 12:30 p.m.
Deliveries shall not be made on holidays On which either the
City or Lighthouse does not operate. A list of such delivery
dates and holidays shall be exchanged by the Senior Nutrition
Project Director and the Lighthouse Director at the time of the
execution of this Memorandum of Understanding and is, by this
reference, made a part hereof.
5. Changes. City or Lighthouse may request changes
in the scope of services to be performed under this Memorandum
of Understanding. Said changes, including any change in the
number of deliveries or the dates of service, shall be mutually
agreed upon by City and Lighthouse. No such change shall be
binding on either party until such change is incorporated in
a written amendment to this Memorandum of Understanding.
6. Compliance with the Law. Lighthouse shall
18 comply with all applicable laws, ordinances and codes of the
19 Federal, state and local governments, including but not
20 limited to local health ordinances and laws specifically
21 pertaining to the Senior Nutrition Program.
22 7. Liability Insurance. Lighthouse agrees to
23 procure and maintain in force during the terms of this Memorandum
24 of Understanding, and any extension thereof, at its expense,
25 Public Liability Insurance in companies and brokers, approved
26 by the City, adequate to protect against liability for damage
27 claims arising out of Lighthouse operations under this Memorandum
28 of Understanding in a minimum amount of one million dollars
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($1,000,000) combined single limit. Before commencement
of the deliveries required herein, Lighthouse shall provide to
the City's Risk Management Division a certificate of insurance
and an additional insured endorsement which provides:
A. City of San Bernardino is a named additional
insured.
B. The insurance company name, policy number,
periods of coverage, and amount of insurance.
C. That the City Clerk of the City of San Bernardino
must be given notice in writing at least thirty (30) days
11 prior to cancellation, material change, or refusal to renew
12 the policy.
13 D. That company's insurance will be primary to any
14 coveragethe City of San Bernardino may have in effect.
15 8. Political Activity Prohibited. Funds, materials,
16 property or services contributed by Office on Aging or City
17 under this Memorandum of Understanding shall not be used for
18 any participant political activity, or to further the election
19 or defeat of any candidate for public office.
20 9. Religious Activities Prohibited. Religious
21 worship, instruction or proselytization shall not be instigated
22 as part of or in connection with the performance of this
23 Memorandum of Understanding.
24 10. Hold Harmless. Lighthouse shall hold City, its
25 elective and appointive boards, commissions, officers, agents
26 and employees, harmless from any liability for damage or
27 claims for damage, including all claims for property damage
28 and any and all other claims or liability which may arise
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from city's operations under this Memorandum of Understanuing,
whether such operations be by City or by anyone or more persons
directly or indirectly employed by, or acting as agent for,
City. Lighthouse 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 operations.
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 receipt requested, addressed as follows:
Association
City
Robert G. McBay, Executive Director
San Bernaridno LIghthouse for the
Blind, Inc.
762 North Sierra Way
San Bernardino, CA 92410
Director of Parks,
Recreation and Community
Services
300 North "D" Street
San Bernardino, CA 92418
This agreement contains the entire agreement of the
parties with respect to the matters covered by this agreement,
and no other agreement statement or promise made by any party
which is not contained in this agreement shall be binding or
valid.
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IN WITNESS WHEREOF, the parties hereto have subscribed
their names, the day and year first herein written above.
CITY OF SAN BERNARDINO
by:
Mayor
ATTEST:
City Clerk
LIGHTHOUSE FOR THE BLIND, INC.
by:
Approved as to form
and legal content:
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