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HomeMy WebLinkAbout12- Parks, Recreation & Community Services CLTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION AUTHORIZING A From: ANNIE F. RAMOS, DIRECTOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN Dept: PARKS, RECREATION & COMMUNITY SERVICES BERNARDINO AND THE HIGHLAND SENIOR CENTER, HIGHLAND Date: NOVEMBER 19, 1997 DISTRICT COUNCIL ON AGING, INC., FOR SENIOR NUTRITION PROGRAM MEALS. Synopsis of Previous Council Action: Resolution 96-295, dated October 7, 1996, authorized execution of a M.O.U. NUV 2 n 199I with Highland Senior Center relating to Senior Nutrition Program meals. Recommended Motion: Adopt the Resolution. Signature Contact person: John A. Kramer Phone: 5031 Supporting data attached: Staff Report Resolution and MOU Ward: N/A FUNDING REQUIREMENTS: Amount: -0- Source: (Acct No ) N/A (Acct Description) _ Finance: Council Notes: Agenda Item No. COUNCIL ACTION Senior Nutrition/Highland 11/19/97 tjg # '� Res 97- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM NOV 2 U 1997 OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. The City has provided a senior nutrition program at the Highland Senior Center since the mid- 1980's. This Memorandum of Understanding formalizes our arrangements with them for this service. The Highland Senior Center provides its own volunteers to receive, serve and cleanup after the daily meal service. This program is contracted to serve 30 senior meals per day totalling more than 7,600 meals per year (254 days). The Highland Senior Center provides a wide range of services to its clientele, the Senior Nutrition Program being one of the most important. Non-Service Days (City Holidays 1997/98) November 11, 1997 November 27, 1997 November 28, 1997 December 25, 1997 December 26, 1997 January 1, 1998 January 2, 1998 January 20, 1998 May 26, 1998 July 4, 1998 September 1, 1998 November 11, 1998 November 26, 1998 November 27, 1998 1 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) 2 3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into 4 this day of 1997, 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" . 9 City and Center agree as follows : 10 1 . This Memorandum of Understanding is made with reference 11 to the following facts and objectives : 12 A. City currently operates a Nutrition for Seniors 13 Program, which program is the subject of a contract between the 14 County of San Bernardino Office on Aging and Adult Services, and 15 the City of San Bernardino. 16 B. The parties desire to formalize a Senior Citizen 17 Nutrition Site at 3102 East Highland, Highland, Patton, CA 92346 , 18 a private, non-profit facility serving senior citizens . Center 19 leases the facility from the State of California. 20 2 . Duties of Center. Center shall : 21 A. Provide suitable and adequate space for the 22 consumption of meals in a designated area and allow use of kitchen 23 equipment in support of the serving of meals transported in bulk 24 by the City. 25 26 27 11/19/97 -1- 28 I B. Provide all necessary volunteers and any paid 2 personnel it may contract for from any source . 3 C. Adhere to all Health Code requirements, including 4 but not limited to those pertaining to sanitation and food 5 handling principles . 6 D. Safeguard any equipment furnished by the City. 7 E. Collect donations for meals and maintain 8 accountability on all meal donations in accordance with the 9 following: 10 (1) Suggested donation for all Senior Nutrition 11 Program meals is one dollar and seventy-five cents ($1 . 75) . 12 (2) Sixty years of age is the minimum age for 13 Participation in the Senior Nutrition Program. A spouse of a 14 qualifying senior, regardless of age, may also participate on the 15 same donation basis when accompanied by the spouse who qualifies . 16 (3) Guests of seniors not sixty years of age must 17 pay a guest meal fee which is the actual cost of the meal . 18 Presently, this fee is three dollars and fifty cents ($3 . 50) , but 19 is subject to revision based upon variations in participation 20 which affect the cost of each meal . Any necessary revisions in 21 this fee will be coordinated in advance each three months . 22 F. Senior Companion Program (SCP) participants shall 23 be required to sign on a separate daily meal accountability 24 record. 25 G. Center shall allow placement of a sign to be 26 27 11/19/97 -2- 28 I 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 prohibits and 5 shall not be responsible for any food removed from 6 this site by participants following the serving of 7 a 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 fifty complete meals (in bulk) 11 in accordance with the schedule below. City shall also provide 12 such equipment as the City deems necessary to provide the food, 13 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 . Changes . City 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 27 11/19/97 -3- 28 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 . Liability 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 Activity Prohibited. Funds, materials, 26 Property or services contributed by the Office on Aging or City L) 27 11/19/97 -4- 28 1 under this Memorandum of Understanding shall not be used 2 for any participant political activity, or to further the election 3 or defeat of any candidate for public office . 4 8 . Religious Activities Prohibited. Religious worship 5 instruction or proselytization shall not be instigated as part of 6 or in connection with the performance of this Memorandum of 7 Understanding. 8 9 . Hold Harmless . Center shall defend, indemnify and 9 hold City, its elective and appointive boards, commissions, 10 officers agents and employees harmless from any liability for 11 damage or claims for damage, including all claims for property 12 damage and any and all other claims or liability which may arise 13 from City' s operations under this Memorandum of Understanding, 14 whether such operations, be by City or by any one or more persons 15 directly or indirectly employed by, or acting as agent for City. 16 10 . Term. This Memorandum of Understanding shall be 17 effective immediately and shall continue in effect for a period of 18 three years subject to termination by either party for any reason 19 upon thirty days' written notice to the other party, provided, 20 however, that should county, state or federal funding for the 21 Nutrition for Seniors Program cease or decrease, City may 22 unilaterally terminate this Memorandum of Understanding forthwith 23 upon notification to Center. 24 11 . Notice . All notices to the parties arising as a result 25 of this Memorandum of Understanding shall be in writing and 26 delivered in person or sent by certified mail, postage prepaid, 27 11/19/97 -5- 28 1 return receipt requested, addressed as follows : 2 ASSOCIATION CITY 3 Highland Senior Center Director of Parks, Recreation Highland District Council and Community Services 4 on Aging, Inc . 547 N. Sierra Way 3102 East Highland Avenue San Bernardino, CA 92410 5 P.O. Box 948 Highland, CA 92346 6 IN WITNESS WHEREOF, the parties hereto have subscribed their { 7 names, the day and year first herein written above . 8 HIGHLAND SENIOR CENTER CITY OF SAN BERNARDINO 9 10 By Annie F. Ramos, Director 11 Title Parks, Recreation and Community Services 12 Approved as to form 13 and legal content : 14 James F. Penman City Attorney 15 16 By 17 18 19 20 21 22 23 24 25 MOU Senior Nutr/Highland 26 11/19/97 -6- NOW 27 28