HomeMy WebLinkAbout1998-274
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RESOLUTION NO, 98-274
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR
CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, 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 Director of Parks, Recreation and
Community Services Department is hereby authorized and directed
to execute on behalf of said City a Memorandum of Understanding
with Highland Senior Center, Highland District Council on Aging,
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,
SECTION 2.
The authorization granted hereunder shall
expire and be void and of no further effect if the agreement is
not executed and returned to the Office of the City Clerk within
sixty (60) days following effective date of the resolution.
I HEREBY CERTIFY that the foregoing resolution was adopted
by the Mayor and Common Council of the City of San Bernardino at
regular
meeting, thereof, held on the 5th
day
a
of
October
, 1998, by the following vote to wit:
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9/23/98 amt
,
98-274
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR
CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A
NUTRITION FOR SENIORS PROGRAM,
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
x
LIEN
6
ARIAS
7
SCHNETZ
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DEVLIN
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DEAN-ANDERSON
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MILLER
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c{~~dLiJ~~if
The forgoing resolution is hereby approved this 'j1j?~ day of
15 October
, 1998.
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('tJ:{~L-
'th Valles, Mayor
of San Bernardino
19 Approved as to form
20 and legal content:
21 JAMES F. PENMAN
City Attorney
22 .~~
23 By:
24 //
25 //
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9/23/98 amt
27 HIGHLAND
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98-274
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MEMORANDUM OF UNDERSTANDING
(NUTRITION FOR SENIORS PROGRAM)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
day of tJr;jp~
~ht
, 1998, by and between
this
the City of San Bernardino, a municipal corporation, hereinafter
referred to as "City", and the Highland Senior Center, Highland
District Council on Aging, Inc., hereinafter referred to as the
II Center" .
City and Center 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 Adult Services, and
the City of San Bernardino.
B, The parties desire to formalize a Senior Citizen
Nutrition Site at 3102 East Highland Avenue, Highland, Patton, CA
92346, a private, non-profit facility serving senior citizens,
Center leases the facility from the State of California.
2. Duties of Center. Center 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 by the City,
B, Provide all necessary volunteers and any paid
personnel it may contract for from any source.
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98-274
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C. Adhere to all Health Code requirements, including
but not limited to those pertaining to sanitation and food
handling principles.
D, Safeguard any equipment furnished by the City.
E, Collect donations for meals and maintain
accountability on all meal donations in accordance with the
following:
(1) Suggested donation for all Senior Nutrition
Program meals is one dollar and seventy-five cents ($ 1,75),
(2) Sixty years of age is the minimum age for
participation in the Senior Nutrition Program. A spouse of a
qualifying senior, regardless of age, may also participate on the
same donation basis when accompanied by the spouse who qualifies,
(3) Guests of seniors not sixty years of age must
pay a guest meal fee which is the actual cost of the meal,
Presently, this fee is three dollars and seventy- fi ve cents
($3,75), but is subj ect to revision based upon variations in
participation which affect the cost of each meal, Any necessary
revisions in this fee will be coordinated in advance each three
months.
F, Senior Companion Program (SCP) participants shall
be required to sign on a separate daily meal accountability
record,
G. Center shall allow placement of a sign to be
furnished by City with substantially the following language in
the designated food consumption areas:
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98-274
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"TO WHOM IT MAY CONCERN
The Senior Citizens Nutrition Program prohibits
and 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"
3. Duties of the Citv, The City shall:
A. Furnish a maximum of fifty complete meals (in bulk)
in accordance with the schedule below. City shall also provide
such equipment as the City deems necessary to provide the food,
consumable supplies and forms for accountability,
B. Provide the meals referenced above Monday through
Friday, 12:00 Noon to 1:00 p,m" excluding all holidays on which
either the City and/or the Center does not operate. A list of
such dates shall be coordinated between the Senior Nutrition
Project Director and the Center Director upon execution of this
Memorandum of Understanding.
4, Chanqes, City or Center may request changes in the
scope of services of either party to be performed under this
Memorandum of Understanding, Said changes, including an increase
or decrease in the amount of delivery of the days of service,
must be mutually agreed upon by City and Center, and must be
incorporated in written amendment to this Memorandum of
Understanding, except as provided in the "Term" provision of this
Memorandum of Understanding.
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98-274
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5. Compliance with the Law, 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.
6, Liabili tv Insurance. 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 Center operations under this Memorandum of
Understanding in a minimum amount of one million dollars
($ 1,000,000) combined single limit. Center shall provide to the
City's Risk Management Division prior to serving any meals a
Certificate of Insurance 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 insurance,
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 Center'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 the Office on Aging or City
under this Memorandum of Understanding shall not be used for any
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98-274
1 participant political acti vi ty, 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. Center shall defend, indemnify and hold
8 City, its elective and appointive boards, commissions, officers,
9 agents and employees harmless from any liability for damage or
10 claims for damage, including all claims for property damage and any
11 and all claims or liability which may arise from City's operations
12 under this Memorandum of Understanding, whether such operations, be
13 by City or by anyone or more persons directly employed by, or
14 acting as agent for City,
15 10. Term, This Memorandum of Understanding shall be effective
16 immediately and shall continue in effect for a period of three
17 years subject to termination by either party for any reason upon
18 thirty days' written notice to the other party, provided, however,
19 that should county, state or federal funding for the Nutrition for
20 Senior Program cease or decrease, City may unilaterally terminate
21 this Memorandum of Understanding forthwith upon notification to
22 Center.
23 11, Attorney Fees Provisions, If any legal action is
24 necessary to enforce or interpret the terms of this agreement, the
25 prevailing party shall be entitled to the reasonable attorney's
26 fees, in addition to any other relief to which it may be entitled,
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98-274
1 The costs, salary and expenses of the City Attorney and members of
2 his office in enforcing this contract on behalf of the City shall
3 be considered as "attorney's fees" for the purposes of this
4 paragraph.
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12. Notice, All notices to the parties arising as a result
6 of this Memorandum of Understanding shall be in writing and
7 delivered in person or sent by certified mail, postage prepaid,
8 return receipt requested, addressed as follows:
9 ASSOCIATION
CITY
10 Highland Senior Center
Highland District Council
11 Aging, Inc,
3102 East Highland Avenue
12 Post Office Box 948
Highland, CA 92346
Director of Parks, Recreation
and Community Services on
Department
547 North Sierra Way
San Bernardino, CA 92410-4816
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IN WITNESS WHEREOF, the parties hereto have subscribed their
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names, the day and year first herein written above,
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HIGHLAND SENIOR CENTER
CITY OF SAN BERNARDINO
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By
/6t.L'"L-
1.)[ f "
/2!/1U.f.
L' "" ,
Annie F. Ramos, Director
Parks, Recreation and
Community Services Department
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IG/n~'d/
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Title
]9
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Approved as to form
21 and legal content:
22 F, Penman
ttorney
23 A'
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98-274
SEPTEMBER 7
NOVEMBER 11
NOVEMBER 26
DECEMBER 24
DECEMBER 25
DECEMBER 31
JANUARY 1
JANUARY 20
MAY 26
JULY 2
SEPTEMBER 1
NOVEMBER 11
ADDENDUM
CITY HOLIDAY CLOSURE LIST
1998-1999