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HomeMy WebLinkAbout2004-3961 2 9 0 11 12 13 14 15 17 RESOLUTION NO. 2004-396 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE LIGHTHOUSE FOR THE BLIND FOR SENIOR NUTRITION PROGRAM SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City, a Memorandum of Understanding with Lighthouse for the Blind relating to a Senior Nutrition Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of City Clerk within 120 days following effective date of the resolution. 1H 2004-396 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 211 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE LIGHTHOUSE FOR THE BLIND FOR SENIOR NUTRITION PROGRAM SERVICES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at aregular meeting thereof, held on the 20th day of December , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x McGINNIS x x DERRY x KELLEY JOHNSON x McCAMMACK x City lerk� The foregoing resolution is hereby approved this �J"3/� day of December 2004. ( / l�u--. XE•�v.�u, Rikke Van Johnson, Mayor Pro Tern Citv of San Bernardino Hpprovea as ro Form and legal content: JAMES F. PENMAN, City Attorney By: c 2004-396 �^{ `r't1j*�� Ayii ©1?�Yj�"N 7M 1 2 3 4 5 6 7 it 12 13 14 15 16 17 18 211 231 27 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this ^/ ly day of December , 2004, by and between the City of San Bernardino, a municipal corporation hereinafter referred to as "City" and the Lighthouse for the Blind hereinafter referred to as "Care Center." City and Care Center agree as follows: I. This Memorandum of Understanding is made with reference to the following facts and obj ectives: A. City currently operates a Senior Nutrition Program, which program is the subject of a contract between the County of San Bernardino Office of Aging and City of San Bernardino. B. The parties desire to establish a nutrition site for seniors at the Care Center site with no fees being charged to either party. C. Term. This Memorandum of Understanding shall be effective immediately upon the date set forth above, and shall continue in effect for a period of one year subject to termination by either party for any reason upon thirty days written notice to the party; provided, however that should County, State or Federal funding for the Senior Nutrition Program cease or decrease, City may unilaterally terminate this Memorandum of Understanding forthwith upon notification to Care Center. II. Duties of Care Center. Care Center shall: A. Prepare a Daily Listing 1. The Food Service Delivery person will provide a daily requisition form to the site each day. All persons less than sixty (60) years of age shall be so identified on said listing and will pay the set price for seniors under (60) years. 2004-396 1 2 3 4 10 11 12 13 14 15 16 171 1 211 2. The original shall be retained at the 51h Street Senior Center administration site. 3. If a holiday falls during the week the Program Director of the Care Center will initiate a timely contact with the supervisor of the City's nutrition program. The Program Director of the Care Center will notify the Food Service Supervisor II of the Senior Nutrition Program that alternative arrangements have been made. B. If donations are given, they will be placed in a donation box that will be placed in an area where confidentiality will be assured. The donation box will be picked up at the end of the meal service hour and delivered to the program main office by the Food Service Delivery person for counting, logging and deposits. C. Donation Confidentiality: The Care Center will provide an area where the donation box can be placed that will assure total confidentiality to the seniors as they place their donation into the box. A. Care Center shall conform to all provisions of the Civil Rights Act of 1964, as amended. B. Care Center shall allow placement of a sign to be furnished by City with substantially the following language: TO WHOM IT MAY CONCERN The Senior Nutrition Program shall not be responsible for any food removed from this site by participants following the serving of a regularly scheduled nutrition meal. THE CITY OF SAN BERNARDINO C. The Care Center shall provide volunteer/volunteers to assist in the serving of the meals and in keeping the kitchen cleaned and organized. D. The City shall provide all utensils and one employee required for the service of food to its clientele. III. Changes. City or Care Center may request changes in the scope of services of either party to be performed under this Memorandum of Understanding. Said changes, 2004-396 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 171 1 211 including an increase or decrease in the amount of delivery or the days of service must be mutually agreed upon by City and Care Center, and must be incorporated in written amendment to this Memorandum of Understanding. N. Compliance with the Law. Care Center shall comply with all applicable laws, ordinances and codes of the Federal, State and Local Governments, including but not limited to those pertaining to the Senior Nutrition Program. V. Liability Insurance. Care Center agrees to procure and maintain in force during the term of this Memorandum of Understanding, and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims arising out of Care Center's operations under this Memorandum of Understanding in a minimum amount of one million dollars ($1,000,000) combined single limit. Care Center shall provide to the City's Parks, Recreation & Community Services Department, prior to serving any meals, a certificate of insurance and an additional insured endorsement, which provides: A. City of San Bernardino as an additional named insured. B. The insurance company name, policy number, period of coverage, and amount of insurance. C. That the Parks, Recreation & Community Services Department 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. Care Center's insurance will be primary to any coverage the City of San Bernardino may have in effect. VL Religious Activities Prohibited. Religious worship, instruction, or proselytization shall not be instigated as part of or in connection with the performance of the Memorandum of Understanding. 2004-396 1 2 3 4 5 10 it 12 13 14 15 171 181 211 27 VII. Hold Harmless By Care Center. Care Center shall hold City, its elective and appointive boards, commissions, officers, attorneys, 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 for liability, which may arise from the duties performed by Care Center under this Memorandum of Understanding, whether such duties be by Care Center, or by any one or more persons directly or indirectly employed by, or acting as agent for Care Center. Care Center shall defend (if requested) City and its elective and appointive boards, commissions, officers, attorneys, 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 such duties. VIII. Hold Harmless By City. City shall hold Care Center, its officers, directors, agents, and employees, harmless from 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 for liability, which may arise from the duties performed by City under this Memorandum of Understanding, whether such operations be by City, or by any one or more persons directly or indirectly employed by, or acting as agent for the City. City shall defend Care Center and its officers, directors, 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 such operations. IX. Independent Contractor Provision. This Memorandum of Understanding does not constitute the hiring by either party. It is the parties' intention that so far as shall be in conformity with the law, City will be an independent contractor and not Care Center's employee. In conformity therewith, City retains sole and absolute discretion and judgment in the manner and means of carrying out the duties of City under this 2004-396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 1 211 agreement. Therefore, the parties hereto are, and shall remain, independent contractors bound by the provisions thereof. City is under the control of Care Center as to the result of City's work only, and not as to the manner and means by which such result is accomplished. X. Attorney Fees Provisions. If any legal action or arbitration is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to the reasonable attorney's fees, in addition to any other relief to which he/she may be entitled. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purpose of this paragraph. XI. 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: Care Center City Lighthouse for the Blind Parks, Rec. & Com. Svs. Dept. 762 North Sierra Way 547 N. Sierra Way San Bernardino, CA 92410 San Bernardino, CA 92410 XII. Entire Agreement. This agreement contains the entire agreement of the parties with respect to the matters covered by this agreement, and no other agreement shall be binding or valid. 2004-396 1 2 3 4 5 7 8 9 11 11 21 IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first herein written above. LIGHTHOUSE FOR THE BLIND CITY OF SAN BERNARDINO By: �_l '/Gc —� Rikke Van Johnson, Mayor Pro Tem Title: rG� , _S 6 oK- City of San Bernardino Approved as to form And legal content: James F. Penman City Attorney By: 2004-396 BUDGET SUMMARY - ATTACHMENT B CITY OF SAN BERNARDINO FISCAL YEAR 2004 - 2005 FY 04-05 FUNDING EXPENDITURES: 507,113 REVENUES: Title III, Older Americans Act C-1 101,101 C-2 $101,101 Nutrition Services Incentive Program C-1 46,300 C-2 $46,300 Realignment Funds 45,000 TOTAL FUNDS AWARDED 192,401 Less amount awarded through the County PO process for the month of July 2004. 16,083 TOTAL CONTRACT AMOUNT 176,318 Other Funding 314,712 TOTAL REVENUES: 507,113 Page 1 of 2 SAN BERNARDINO COUNTY-DAAS Form 312A 02/13/98 lI 2004-396 BIDGET SUMMARY FOR • FISICAL • CONGREGATE SITES Cl HOME DELIVERED MEALS C2 a EXPENDITURE CATEGORY Funding Less Match Match TOTAL Cash In -Kind** 1. PERSONNEL 145,512 52,526 198,038 2. STAFF TRAVEL - 3. STAFF TRAINING $300.00 300 4. EQUIPMENT - 5. CONSULTANTS 6,587 6,587 6. FOOD COSTS 101,479 1,600 103,079 7. CONSUMABLE SUPPLIES 13,432 13,432 8. INSURANCE 1,500 1,500 9. REPAIRS & MAINTENANCE 3,000 3,000 10. RENT/BUILDING SPACE 63,280 63,280 11. UTILITIES 35,249 35,249 12. VEHICLE OPERATIONS 7,091 7,091 13. VOLUNTEER EXPENSES - 14. OTHER hook up for two computers 3,528 3,528 Total Expenditure 277,401 157,683 435,084 Less Match Match Cash - CDBG - ECD Match Cash - CDBG - DAAS Match In -kind Less Funding - Program Non Match NSIP - 61500 46,300 46,300 Non -Match Cash - Non -Match In -Kind Realignment Funds 45,000 45,000 Program Income 85,000 85,000 TOTAL FUNDING REQUEST 101,101 157,683 258,784 Date of Submission - June 22, 2004 INITIAL BUDGET LI PROVIDER NAME - City of San Bernardino REVISED BUDGET SAN BERNARDINO COUNTY-DAAS Form 312A 02/13/98 2004-396 m o d � x x o o o 3 m .. d Y r r. o o 0 o 0 °c`o��c�e a �o�:L m< CDm�m '.2noo��'CD > 5. < aCD �bbb CL col 0 fD0 o o Co CD t ^7 CD y N A N ? ? ? 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Y. tibbb�bbbbb o .R tg M n c�Do cms cmD t0s c0s c�DD c�Dro s 0 0 0 0 0 0 O O O O O N A N A A A 0D M 00 M 0 0 0 0 0 0 0 0 0 0 p 0 v C r m 0 ou X 0 Z Z 32, 0 3 m z W 2004-396 d m m 0 mnroi o ��GX7CX0 0 ro� 0 o m <' R x ? °a. p. oo a a N CD 10 m p., d coo -: y CD W d 0 C7 xxx2 � C' O � X co m :? fD :° .-. o o (n 0 y � cn a <' v cCc co co CD i5p "1 .y h '1 L7 O WCD ` O` ry P;r Oc p m b m CD CD y cn = oc 0 V Ut w Ul w w [-4 U"N7 O 6000 O S o o � m l N ...• C> N W N Un W W J W O co (7 a CL Cn CA) �0 O N m 0 W N 0� N� 0) ON J o m O O UI .- p N (O .. CD 00 o U cnNu,cn0000 NyCD v Ut O Cn O O O O O O A CL O-4 W O O o 0 0 W o W 0 �7 v N Ul N n n W �] n ID t0 O N 0 01 W N a• N O O H OD O N O CD m W Cn N N Ul Ul O O O N O O O O O O O O O �ro D (Op (p =~ O N 3 C. C C." oo ? CD cn WO o OOoo r W O co N o CD N O O N cAD O O 1 1 CO ro ro ro ro ro ro III SD ID P G G 0 ch ti o p 00 �bbbbvvb 000c0<0° 0 CD n c o o c c c 0 Ut O Ul O o o N 0 N 00 N N O -�• 0 0 0 0 0 o OM 0 0 O 0 Cl) n 2 m C r m 0 V 0 Z Z m r -Di D n x 3 m z W C.) ,Nov 09 04 02:39p NICOR 909-369-8565 p.2 -3 . ii/Y+IMSA,- b'oKY.4' F'.: rlYiljt 6-:a-., NATIONAL INDIAN COUNCIL ON AGING, INC. Senior Community Service Employment Program TRAINING PARTNER AGREEMENT in order to promote the growtftfd`development of the trainee, and to provide an opportunity for significant community service the, TRAINING PARTNER will: Provide NICOAISCSEP trainee(s) with a healthy and safe training site(s); adequate supervision: orientatinn to agency policies and Procedures; necessary training to perform assigned duties and ?air and equitable treatment as extended to regular employees. Agree not to displace any current employee or volunteer with a TRAINEE, nor assign a TRAINEE to perform the tasks of an employee on layoff, nor to replace a Federally funded position (other than SCSEP) with another SCSEP TRAINE€. No dis�timinate on the basis ofTrac h Ig1 . Px natlprial origin handicap ageipoblcal affiliation, pinion, or ancestry. �,.._ basis to ro 1_: Not use a' INEE In any a. ivity that could be construed as an activity related to or involved with the maintenarice, operation or construction of any'faelliI be used as a place for sectarian religious instruction or worship. Not allow trainee to engage in activify of a political nature, either, local, state, national or tribal, during the trainee's SCSEP training hours. Actively support a TRAINEE's Individual Development Plan (IDP) and to consider any TRAINEE for all job openings for which that TRAINEE qualities on an equal basis with any other applicant. Assure that the direct supervisor(s) will adhere to conditions of this agreement and to all SCSEP administrative requirements as outlined in the training site agreement. Will provide adequate documentation of In -kind contributions (approximately $500 per participant annually). NATIONAL INDIAN COUNCIL ON AGING, INC. Will: Provide wages, FICA and worker's compensation coverage to each TRAINEE for the authorized number of hours per week. Provide supervisors with orientation and periodic update on the goals and objectives o% SCSE�H` Assign trainee(s) to the Training Partner's designated training site(s) for the Purpose of angaging in productive community service and skills development, subject to the approval of the training site supervisor. . Remove TRAINEE(s) from training site upon a g po request of the Training PaRner. w Aese6e the fight }fol owing reasonable notke, to reassign any trainee(s) ?Itany time that tq a�ssignmem will increase the opportunity for training or unsubsidized employment, or will otherwise serve the best interests of the trainee; or will -better support, r the goals and objectives of NICOA's Elder Employment Program .- . This agreement will remain In effect until either the Training Partner or NICOA chooses to end the relationship. i This agreement is subject to the continuation of funding from Department of Labor to the National Indian Council on Aging, Inc., to operatd4lds Senior Community Service Employment Program. The Training Partner certifies that it is a [X] government Municipality Or, (Specify Fyps) [ ] 501(c)(3) organization.- Wbpy attached or previously provided) NATIONAL INDIAN COUNCIL ON AGING, INC. TRAINING PARTNER CALIFORNIA City of San Bernardino,Parka f Recreation and Community Service r NOV ua u+ tic: at1P Il l uun 2004-396 ' ran .I,. ,y,.,.-. e=t�..0 -� ..-i;' Notuse a Tn any actilty Nat could be construed as an activity related to or involved with the maintenadce, operation or conshuctioeilijy-to be used as a place for sectarian religious instruction or worship. Not allow trainee to engage in ac gify. of a political nature, either, local, state, national or tribal, during the trainee's SCSEP training hours. 1, Actively support a TRAINEE's Individual Development Plan (IDP) and to consider any TRAINEE for all job openings for which that TRAINEE qualities on an equal basis with any other applicant. Assure that the direct supervisor(s) will adhere to conditions of this agreement and to all SCSEP administrative requirements as outlined in the training site agreement. Will provide adequate documentation of in -kind contributions (approximately $500 per participant annually). NATIONAL INDIAN COUNCIL ON AGING, INC. Will: Provide wages, FICA and workers compensation coverage to each TRAINEE for the authorized number of tours per week. Provide supervisors with orientation and periodic update on the goals and objectives o}'(he SC§tp' — Assign trainee(s) to the Training Partners designated training site(s) for the purpose of engaging in productive coQnmunity service and skills development, subject to the approval of the training site supervisor. .. Keritoye 1 RAINE)=(s hq t aining site upon request of the Training Parn9r. _ ,4,,-,-•* *" Reserve the right, following reasonable rwtlbe, to reassign any trainee(s) At any Gme that re -assignment will increase the traiwe'@ opportunity for training or unsubsidized employment; or will otherwise some the best interests of the trainee; or wilt better support the goals and objectives of NICOA's Elder Employment Program. This agreement will remain In effect until either the Training Partner or NICOA chooses to end the rslauonshlp. This agreement Is subject to the continuation of funding from Department of tabor to the National Indian Council on Aging, .Inc., to operateihis Senior Community Service Employment Program. The Training Partner certifies that it Is a [XI government Municipality Or, (specify Type) ( J 501(c)(3) organizatfOrV (Li attached or previously provided) y NATIONAL INDIAN COUNCIL ON AGING, INC. TRAINING PARTNER CALIFORNIA 4275 Lemon Street, Suite 252 Riversid6 #( A_ City, State. zip (909)369-8581 FAX: (909)369-8565 Telephone, Fax Patricia Woodruff, Project Manager Typed Name and Title 7 Signature of Auerorized DeAdyatg IIM7/Y fOate City of San Bernardino,Parke 4 Recreation and Community Service Name Department 547 N. Sierra Way Address - _- -... Serdardinc: CA-'-.92410-4816 City. State. zip (909)384-5030 FAX: (909)384-5467 Telephone, Fax Annae F. Ramos, Director Typed Na and Tiae nature of Authorized Certifying Official Dale 2004-396 5th Street Senior Center Annual Facilities Maintenance and Custodial Expense for 2003 - 2004 Facility Maintenance Expense Amount Jul Se tember 03 $43.64 Oct -Dec 03 $847.34 Jan -March 04 $1,019.87 A rilJune 04 $1,666.74 Sub ITotal $3,577.59 Electrical July -September 03 Oct -Dec 03 Jan- March 04 Apr -June 04 Lillian Spencer Jerri Calles Sub Totals Utilities Total $35,248.86 IS Sub Total $3,528.00 Rent / Building Space Grand Total Gas Custodial Expense Amount July -September 03 $371.70 Oct -Dec 03 $368.30 Jan -March 04 $409.67 April -June 04 $440.60 Sub lTotal $1,590.27 $5,167.86 Water Grand Total $43,944.72 X 44% $19,355.68 $ 63,280.40