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HomeMy WebLinkAbout26- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION OF THE CITY OF SAN From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZING THE Dept: PARKS, RECREATION & COMMUNITY EXECUTION OF A MEMORANDUM OF SERVICES UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., Date: SEPTEMBER 21, 1998 RELATING TO SENIOR NUTRITION MEALS PROGRAM. ORIGINAL Synopsis of Previous Council Action: Resolution 97-360 dated December 15, 1997 authorizing execution of a Memorandum of Understanding with Highland Senior Center, Highland District Council on Aging, Inc., relating to Senior Nutrition Meals Program. Recommended Motion: Adopt the Resolution. %7 Signature Contact person: John Kramer Phone: 5031 Supporting data attached: Staff Report, Reso & MOU Ward: N/A FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. oC0 9/16/98 amt CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT 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 SENIOR NUTRITION MEALS PROGRAM. BACKGROUND: The Highland Senior Center provides its own volunteers to receive, serve and clean up after the daily meal service. This program is contracted to serve thirty (30) senior meals per day, totaling 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. Meals are delivered from the Perris Hill Park Senior Center Nutrition Kitchen on a daily Monday through Friday schedule. FINANCIAL IMPACT: The Senior Nutrition Program provides 90,000 meals to seniors annually at seven(7) congregate meal sites. This valuable service to our senior population is funded by federal dollars through the Older Americans Act and administered by the County's Department of Aging and Adult Services. All program services are funded through grants, at no cost to the City of San Bernardino. The city provides in excess of$ 99,000 in non-monetary, in-kind contributions to the Senior Nutrition Program, primarily through facility operational costs and support services at the seven (7) congregate sites. RECOMMENDATION: Adopt the resolution authorizing the execution of Memorandum of Understanding with Highland Senior Center relating to the Senior Nutrition Meals Program. 9/21/98 amt highland senior center 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC. , RELATING TO A 4 NUTRITION FOR SENIORS PROGRAM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Parks, Recreation and Community Services Department is hereby authorized and directed 8 to execute on behalf of said City a Memorandum of Understanding 9 with Highland Senior Center, Highland District Council on Aging, 10 Inc . , relating to a Nutrition for Seniors Program, a copy of 11 which is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 2 . The authorization granted hereunder shall 14 expire and be void and of no further effect if the agreement is 15 not executed and returned to the Office of the City Clerk within 16 sixty (60) days following effective date of the resolution. 17 I HEREBY CERTIFY that the foregoing resolution was adopted 18 by the Mayor and Common Council of the City of San Bernardino at 19 a meeting, thereof, held on the day 20 of 1998 , by the following vote to wit : 21 22 23 24 25 26 27 9/23/98 amt 28 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. 3 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 4 ESTRADA 5 LIEN 6 ARIAS 7 SCHNETZ 8 DEVLIN 9 DEAN-ANDERSON 10 MILLER 11 12 13 City Clerk 14 The forgoing resolution is hereby approved this day of 15 1998 . 16 17 Judith Valles, Mayor 18 City of San Bernardino 19 Approved as to form 20 and legal content : 21 JAMES F . PENMAN City Attorney 22 23 By: 24 25 26 9/23/98 amt 27 HIGHLAND -2- 28 98-274 1 MEMORANDUM OF UNDERSTANDING 2 (NUTRITION FOR SENIORS PROGRAM) 3 THIS MEMORANDUM OF UND��E��R//STANDING is made and entered into 4 this 5_�7Z day of 4�K, , 1998 , by and between 5 the 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 Avenue, Highland, Patton, CA 18 92346 , a private, non-profit facility serving senior citizens . 19 Center 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 23 kitchen equipment in support of the serving of meals transported 24 in bulk by the City. 25 B . Provide all necessary volunteers and any paid 26 personnel it may contract for from any source . 1 27 28 98-274 1 C . Adhere to all Health Code requirements, including 2 but not limited to those pertaining to sanitation and food 3 handling principles . 4 D. Safeguard any equipment furnished by the City. 5 E . Collect donations for meals and maintain 6 accountability on all meal donations in accordance with tHe 7 following: 8 (1) Suggested donation for all Senior Nutrition 9 Program meals is one dollar and seventy-five cents ($ 1 . 75) . 10 (2) Sixty years of age is the minimum age for 11 Participation in the Senior Nutrition Program. A spouse of a 12 qualifying senior, regardless of age, may also participate on the 13 same donation basis when accompanied by the spouse who qualifies . 14 (3 ) Guests of seniors not sixty years of age must 15 pay a guest meal fee which is the actual cost of the meal . 16 Presently, this fee is three dollars and seventy-five cents 17 ($3 . 75) , but is subject to revision based upon variations in 18 participation which affect the cost of each meal . Any necessary i9 revisions in this fee will be coordinated in advance each three 20 months . 21 F . Senior Companion Program (SCP) participants shall 22 be required to sign on a separate daily meal accountability 23 record. 24 G. Center shall allow placement of a sign to be 25 furnished by City with substantially the following language in 26 the designated food consumption areas : 27 2 28 98-274 1 "TO WHOM IT MAY CONCERN 2 the Senior Citizens Nutrition Program prohibits 3 ad shall not be responsible for any food removed 4 from this site by participants following the 5 serving of a regularly scheduled nutrition meal . 6 THE CITY OF SAN BERNARDINO" 7 3 . Duties of the City. The City shall : 8 A. Furnish a maximum of fifty complete meals (in bulk) 9 in accordance with the schedule below. City shall also provide 10 such equipment as the City deems necessary to provide the food, 11 consumable supplies and forms for accountability. 12 B • Provide the meals referenced above Monday through 13 Friday, 12 : 00 Noon to 1 : 00 p.m. , excluding all holidays on which 14 either the City and/or the Center does not operate . A list of 15 such dates shall be coordinated between the Senior Nutrition 16 Project Director and the Center Director upon execution of this 17 Memorandum of Understanding. 18 4 . Chancres . City or Center may request changes in the 19 scope of services of either party to be performed under this 20 Memorandum of Understanding. Said changes, including an increase 21 or decrease in the amount of delivery of the days of service, 22 must be mutually agreed upon by City and Center, and must be 23 incorporated in written amendment to this Memorandum of 24 Understanding, except as provided in the "Term" provision of this 25 Memorandum of Understanding. 26 27 3 28 98-274 1 5 . Compliance with the Law. Center shall comply with all 2 applicable laws, ordinances and codes of the federal , state and 3 local governments , including but not limited to those pertaining 4 to the Senior Nutrition Program. 5 6 . Liability Insurance . Center agrees to procure and 6 maintain in force during the term of this Memorandum of 7 Understanding, and any extension thereof, at its expense, public 8 liability insurance in companies and through brokers approved by 9 the City, adequate to protect against liability for damage claims 10 arising out of Center operations under this Memorandum of 11 Understanding in a minimum amount of one million dollars 12 ($ 1, 000 , 000) combined single limit . Center shall provide to the 13 City' s Risk Management Division prior to serving any meals a 14 Certificate of Insurance and an additional insured endorsement 15 which provides : 16 A. City of San Bernardino is an additional insured. 17 B . The insurance company name, policy number, period 18 of coverage and amount of insurance . 19 C. That the City Clerk of the City of San Bernardino 20 must be given notice in writing at least thirty days prior to 21 cancellation, material change or refusal to renew the policy. 22 D. That Center' s insurance will be primary to any 23 coverage the City of San Bernardino may have in effect . 24 7 . Political Activity Prohibited. Funds, materials, 25 property or services contributed by the Office on Aging or City 26 under this Memorandum of Understanding shall not be used for any 4 27 28 98-274 1 participant political activity, 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 any one 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 2? 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. 27 28 5 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. 5 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 Director of Parks, Recreation Highland District Council and Community Services on 11 Aging, Inc . Department 3102 East Highland Avenue 547 North Sierra Way 12 Post Office Box 948 San Bernardino, CA 92410-4816 Highland, CA 92346 13 14 IN WITNESS WHEREOF, the parties hereto have subscribed their names, the day and year first herein written above . 15 HIGHLAND SENIOR CENTER CITY OF SAN BERNARDINO 16 17 By 18 Annie F. Ramos, Director Title Parks, Recreation and 19 Community Services Department 20 Approved as to form 21 and legal content : 22 James F. Penman City attorney 23 By 24 l 25 26 9/17/98 amt 27 highland center 28 6 98-274 ADDENDUM CITY HOLIDAY CLOSURE LIST 1998-1999 SEPTEMBER 7 NOVEMBER 11 NOVEMBER 26 DECEMBER 24 DECEMBER 25 DECEMBER 31 JANUARY 1 JANUARY 20 MAY 26 JULY 2 SEPTEMBER 1 NOVEMBER 11 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RINI) PROGRAM DATE: October 5, 1998 TO: Tom Boggs, Administrative Operations Supervisor H FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary RE: Transmittal for signature—Res 98-274 Documents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is the following: One (1) original agreement authorizing a MOU with Highland Senior Center relating to a Senior Nutrition Program. Please obtain signatures as needed. Please return the executed original to the City Clerk's office as soon as possible, to my attention. Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60) days— December 4, 1998. If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you. Rachel Clark City Clerk By: Melanie Miller, Senior Secretary I hereby acknowledge receipt of the above me t ned documents. Signed: Date: RC:mam