HomeMy WebLinkAbout1993-390
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RESOLUTION NO. 93-390
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 of the City of San Bernardino 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 by both parties and returned to the office of the
City Clerk within 60 days following effective date of the
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
21st
day of
October
, 1993 by the following vote, to
wit:
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93-390
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR
2 CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A
NUTRITION FOR SENIORS PROGRAM.
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19 Approved as to form
and legal content:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
NEGRETE x
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CURLIN x
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HERNANDEZ x
OBERHLMAN x
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DEVLIN x
POPE-LUDLAM x
MILLER x
{i~ (!f~
Racti 1 Clark, City Clerk
The foregoing resolution is hereby approved this I~~/g!
day of
October
, 1993.
. )'i'
---?/?/I / 'I!.[f~_
Tom Minor, Mayor
City of San Bernardino
James F. Penman
City Attorney
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II
II
highlandseniorcenter-u
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93-390
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Res. 93-390
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
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this
day of
, 1993, by and between the
5 City of San Bernardino, a municipal corporation, hereinafter
6 referred to as "City", and the Highland Senior Center, Highland
7 District Council on Aging, Inc., hereinafter referred to as the
8 "Center".
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City and Center agree as follows:
1.
This Memorandum of Understanding is made with reference
11 to the following facts and objectives:
A.
ci ty 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 the City of San
Bernardino.
B. The parties desire to formalize a Senior citizen
Nutrition site at 3102 East Highland, Highland, California 92346,
a private, non-profit facility serving senior citizens. Center
sub-leases the facility from the County of San Bernardino Office
on Aging which leases the facility from the state of California
Department of Health.
2.
Duties of Center. Center shall:
A.
Provide suitable and adequate space for the
24 consumption of meals in a designated area and allow use of kitchen
25 equipment in support of the serving of meals transported in bulk
26 by the city.
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93-390
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B. Provide all necessary volunteers and any paid
personnel it may contract for from any source.
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 the actual cost of the meal.
Presently, this fee is three dollars and fifty cents ($3.50), but
is subject 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
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93-390
1 furnished by city with substantially the following language in the
2 designated food consumption areas:
3 "TO WHOM IT MAY CONCERN
4 The Senior citizens Nutrition Program shall not be
5 responsible for any food removed from this
6 site by participants following the serving of a
7 regularly scheduled nutrition meal.
8 THE CITY OF SAN BERNARDINO"
9 3. Duties of the City. The City shall:
10 A. Furnish a maximum of thirty-two complete meals (in
11 bulk) in accordance with the schedule below. City shall also
12 provide such equipment as the City deems necessary to provide the
13 food, consumable supplies and forms for accountability.
14 B. Provide the meals referenced above Monday through
15 Friday, 12:00 PM to 1:00 PM, excluding all holidays on which
16 either the City and/or the Center does not operate. A list of
17 such dates shall be coordinated between the Senior Nutrition
18 Project Director and the Center Director upon execution of this
19 Memorandum of Understanding.
20 4. Chanqes. ci ty or Center may request changes in the
21 scope of services of either party to be performed under this
22 Memorandum of Understanding. Said changes, including an increase
23 or decrease in the amount of delivery or the days of service, must
24 be mutually agreed upon by City and Center, and must be
25 incorporated in written amendment to this Memorandum of
26 Understanding, except as provided in the "Term" provision of
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93-390
1 this Memorandum of Understanding.
2 5. Compliance with the Law. Center shall comply with
3 all applicable laws, ordinance and codes of the federal, state and
4 local governments, including but not limited to those pertaining
5 to the Senior Nutrition Program.
6 6. Liabilitv Insurance. Center 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 through brokers approved by
10 the City, adequate to protect against liability for damage claims
11 arising out of Center operations under this memorandum of
12 Understanding in a minimum amount of one million dollars
13 ($1,000,000) combined single limit. Center shall provide to the
14 City's Risk Management Division prior to serving any meals a
15 certificate of Insurance and an additional insured endorsement
16 which provides:
17 A. City of San Bernardino is an additional insured.
18 B. The insurance company name, policy number, period
19 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 days prior to
22 cancellation, material change, or refusal to renew the policy.
23 D. That Center'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 the Office on Aging or City
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93-390
under this Memorandum of Understanding shall not be used
for any participant political activity, or to further the election
or defeat of any candidate for public office.
8. Reliqious Activities Prohibited. Religious worship
instruction or proselytization shall not be instigated as part of
or in connection with the performance of this Memorandum of
Understanding.
9. Hold Harmless. Center shall defend, indemnify and
hold City, its elective and appointive boards, commissions,
officers agents and employees harmless from any liability for
damage or claims for damage, including all claims for property
damage and any and all other claims or liability which may arise
from City's operations under this Memorandum of Understanding,
whether such operations, be by City or by anyone or more persons
directly or indirectly employed by, or acting as agent for city.
10. Term. This Memorandum of Understanding shall be
effective immediately 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 other party, provided,
however, that should county, state or federal funding for the
Nutrition for Seniors Program cease or decrease, City may
unilaterally terminate this Memorandum of Understanding forthwith
upon notification to Center.
11. Notice. 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,
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93-390
1 return receipt requested, addressed as follows:
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ASSOCIATION
CITY
Highland Senior Center
Highland District Council
on Aging, Inc.
3102 East Highland
P.O. Box 948
Highland, CA 92346
Director of Parks, Recreation
and Community Services
547 N. Sierra Way
San Bernardino, CA 92410
IN WITNESS WHEREOF, the parties hereto have subscribed their
names, the day and year first herein written above.
HIGHLAND SENIOR CENTER
CITY OF SAN BERNARDINO
)
((1'''; R d' {2IHUv'
Ann1e F. Ra os, Director
Parks, Recreation and
Community Services
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10 By /( in ["' it (/f! I; ,
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11 Title ;C'Y'. to, Jx ''"" / "r,! ,.7>.
(
Approved as to form
and legal content:
James F. Penman
City Attorney
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