HomeMy WebLinkAbout29- City Attorney CITY OF SAN B
ERNARDIhJ - REQUE-kv r FOR COUNCIL AC1 obN
11 -I'D.
From: JOHN F . WILSON ' • Subject: NUTRITION FOR SENIORS PROGRAM
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Dept: City Attorney i J v
Date: 1 /26/88
Synopsis of Previous Council action:
1 . Reso No 87-358 adopting original 87-88 contract repealed 12/7/87
2 . Reso No. 87-422 adopted 12/7/87 .
Recommended motion:
Adopt Resolution
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Signature
Contact person: John Wilson _ Phone: 124-5162
Supporting data attached: Ward: A 1 1
FUNDING REQUIREMENTS: Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
CITY OF SAN BERNARDINO - REQUESt FOR COUNCIL ACTWN
STAFF REPORT
On December 7 , 1987 , the Mayor and Common Council adopted
Resolution No . 87-422 authorizing the Mayor to execute a
contract establishing a Senior Citizens Nutrition Program at a
facility operated by the Housing Authority of the County of San
Bernardino . Upon receipt of the contract the Director of the
Housing Authority requested that paragraph 7 of that Agreement ,
requiring proof of self-insurance , be deleted . Because the
party is a public entity and because Clause 9 of the amended
agreement is a mutual hold-harmless covenant , the City will
remain properly secured after the removal of the provision .
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a 1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
a 3 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
4 SAN BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1 . The Mayor and Common Council of the City of San
8 Bernardino are hereby authorized and directed to execute on
9 behalf of City, a Memorandum of Understanding establishing a
10 Senior Citizens Nutrition Program at 1755 Maple Street , San
11 Bernardino , California 92411 . A copy of said Memorandum of
12 Understanding is attached hereto and marked Exhibit "A" and
13 incorporated herein by reference as though fully set forth at
14 length .
15 SECTION 2 . Resolution 87-422 is hereby repealed .
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a meeting thereof , held on the
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day of _ , 1988 , by the following vote , to
20 wit .
21 AYES: Council. Members
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NAY S:
ABSENT:
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27 City Clerk------------
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1-22-88 1
Reso : Agreement-Nutrition for Seniors Program ----
� The foregoing resolution is hereby approved this _____ day
2 of 1988 .
4 Mayor of the City of Sao Bernardino
Approved as to form
6 and legal content:
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= C zt2/8trocoey
l-Z3-88 2
1 MEMORANDUM OF UNDERSTANDING
2 (Nutrition for Seniors Program)
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THIS MEMORANDUM OF UNDERSTANDING is made and entered into
4 on this __ day of _, 1988 , by and between the
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City of San Bernardino , a municipal corporation , hereinafter
6 referred to as "City" , and the Housing Authority of the County of
7 San Bernardino , a body corporate and politic and a political
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subdivision of the State of California , hereinafter referred to
9 as "Housing Authority" .
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City and Housing Authority agree as follows:
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1 . This Memorandum of Understanding is made with reference
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to the following facts and objectives :
13 A. City currently operates a Nutrition for Seniors
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Program , which program is the subject of a contract between the
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County of San Bernardino Office on Aging and the City of San
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Bernardino .
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B. The parties desire to establish a Senior Citizen
18 Nutrition site at 1755 Maple Street , San Bernardino , California
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92411 .
20 2 . Term. This Memorandum of Understanding shall be
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effective immediately, with provision of meals to start within
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ten days after execution hereof , and shall continue in effect for
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a period of one year subject to termination by either party for
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any reason upon thirty days ' written notice to the other party;
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provided , however , that should County, State or Federal funding
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for the Nutrition for Seniors Program cease or decrease , City may
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28 unilaterally terminate this Memorandum of Understanding forthwith
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1 upon notification to Housing Authority.
2 3 . Duties of Housing_ Authorit Housing Authority shall :
3 A . Provide suitable and adequate space within the
4 building at 1755 Maple Street , San Bernardino , to accommodate the
5 program.
6 B. Permit use of the kitchen facilities for the
7 serving of meals which shall be transported in bulk from the
8 Seniors Center at 600 West Fifth Street , San Bernardino .
9 C . Maintain the building and provide utilities for
10 the use of the nutrition program as required .
11 D . Provide janitorial/custodial services other than
12 those specifically related to the serving of meals which shall be
13 the responsibility of the City.
14 E . Designate any employee to be responsible for the
15 scheduling of the use of the meeting room. The employee shall
16 require that the room be available to the City at the time
17 designated for the preparation , serving and clean-up associated
18 with the Nutrition for Seniors Program . If a scheduling conflict
19 develops with the County Department of Health ' s Women , Children
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20 and Infant Program (WIC) , WIC shall have the priority for the use
21 of the meeting room and an alternate space for the serving of
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22 meals shall be provided for the Nutrition for Seniors Program.
23 Upon the occurrence of such scheduling conflict , the City shall
24 be notified of the conflict twenty-four hours in advance . The
25 alternate space for the Senior Nutrition Program shall be posted `
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in advance and otherwise made known to the Senior Nutrition
27 Program staff and clientele .
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1 F . Safeguard any equipment furnished by the City.
2 G. Housing Authority shall conform to all provisions
3 of the Civil Service Act of 1964 , as amended .
4 H. Housing Authority shall allow placement of a sign
5 to be furnished by the City with substantially the following
6 language in the meeting room of 1755 Maple Street:
7 TO WHOM IT MAY CONCERN
8 The Senior Citizen Nutrition Program shall
9 not be responsible for any food removed
10 from this site by participants following
11 the serving of a regularly scheduled
12 nutritional meal .
13 THE CITY OF SAN BERNARDINO
14 4 . Duties__of. the. City. City shall :
15 A. Furnish a maximum of fifty complete meals (in
16 bulk ) in accordance with the schedule below. With every such
17 delivery of food , City shall also provide such equipment as the
18 City deems necessary to transport and serve the food and supplies
19 to facilitate the consumption of the food by meal recipients .
20 City shall further supply the forms on which Housing Authority
21 shall account for meals served . Any exceptions to the items
22 listed above shall be coordinated between City and Housing
23 Authority at least twenty-four (24) hours in advance of the next
24 scheduled delivery.
25 B. Schedule . City shall deliver the meals
26 referenced above on each day, Monday through Friday, between
27 12: 00 noon and 1: 00 p.m. Deliveries shall not be made on
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1 holidays on which either the City or Housing Authority does not
2 operate . A list of such delivery dates and holidays shall be
3 exchanged by the Senior Nutrition Project Director and the
4 Housing Authority Meal Program Director at the time of the
5 execution of this Memorandum of Understanding .
6 C. Provide a paid Nutrition Site Coordinator for
7 three hours per day the day on which meals are delivered , between
8 the hours of 11 :OQ_am and 2�QQ_RrL�_ , and sufficient volunteers to
9 administer the program, serve food , and clean up after meals as
10 determined by the Nutrition Project Coordinator in his or her
11 sole discretion .
12 5 . Changes . City or Housing Authority may request changes
13 in the scope of services of either party to be performed under
14 this Memorandum of Understanding . Said changes shall not become
15 effective until incorporated as an amendment to this Memorandum
16 of Understanding .
17 6 . Compliance With_the_Law. Housing Authority shall
18 comply with all applicable laws , ordinances and codes of the
19 Federal , State and Local Governments , including but not limited
20 to those pertaining to the Senior Nutrition Program.
21 7 . Political_Activ_it.y Prohibited . Funds , materials ,
22 property or services contributed by the Office on Aging or City
23 under this Memorandum of Understanding shall not be used for any
24 participant political activity or to further the election or
25 defeat of any candidate for public office .
26 8. Religious,- Activities- Prohibited . Religious worship,
27 instruction or proselytization shall not be instigated as part of
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1 or in connection with the performance of this Memorandum of
2 Understanding .
3 9. Hold-Harmless . Each party to this agreement agrees to
4 indemnify and hold harmless the other its agents and
5 representative: from any and all claims , losses , and damages
6 occurring or resulting from any negligent or wrongful act or
7 omission of its officers , agents or employees in the performance
8 of this contract .
9 10 . Notices . All notices to the parties arising as a
10 result of this Memorandum of Understanding shall be in writing
11 and delivered in person or sent by certified mail , postage
12 Prepaid , return receipt requested , addressed as follows:
13 HOUSING_AUTHORITY CITY
14 Albert Harkins , Executive Director Director of Parks , Recreation
Housing Authority of the County and Community Services
15 of San Bernardino 547 N. Sierra Way
1053 North "D" Street San Bernardino , CA 92401
16 San Bernardino , CA 92410
17 11 . Entire-Agreement. . This agreement contains the entire
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agreement , and no other agreement , statement or promise made by
19 any party which is not contained in this agreement shall be
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binding or valid .
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IN WITNESS WHEREOF , the parties hereto have subscribed
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their names the day and year first herein written above.
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CITY OF SAN BERNARDINO
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ATTEST:
25 By ---- -------- -------__- - - ----_
Mayor
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City Clerk
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1 HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO
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3 By -- - - - ----- - - - - - - - - - - - - - - --
4 Title ---- - - - - - - - -
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Approved as to form and
6 legal content :
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8 C ' y Attorn - -----'
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