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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 24, 2001
Subject:
RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR
OF THE CITY OF SAN BERNARDINO OR
HER DESIGNEE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING
WITH THE IDGHLAND SENIOR CENTER,
IDGHLAND DISTRICT COUNCIL ON AGING,
INC., RELATING TO A NUTRITION FOR
SENIORS PROGRAM.
MICC Meeting Date:10-15-01
From: John A. Kramer, Acting Director
Dept: Parks, Recreation and
Community Services Department
Synopsis of Previous Council Action:
October 5,1998 - Council approved Resolution No. 98-274 authorizing the execution of a
similar memorandum of understanding.
Recommended Motion:
Adopt Resolution
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Ignatur
Contact person: John A. Kramer
Phone: 384-5031
Supporting data attached: stafIreoort resolution. & MOO Ward: Citvwide
FUNDING REQUIREMENTS:
Amount: -0-
Source: (Acct. No.) 123-513-XXXX
(Ar.r.t n"'!':r.riptinn) v::Irinll!':
Finance:
Council Notes:
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Agenda Item No. J 'I
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to execute a memorandum of understanding
with the Highland Senior Center, Highland District Council on Aging, Inc., relating to a nutrition
for seniors program.
Background:
For over 10 years the Highland Senior Center has partnered with the City of San Bernardino to
provide senior nutrition meals. The City of San Bernardino Senior Nutrition Program has
delivered an average of 40 meals per day over the life of the previous contract (1998-2001), or
some 9,700 meals annually. These meals are provided as a part of the City's Senior Nutrition
Program to persons 60 years of age and older at a free-will donation of $1.75 per meal. The
Highland Senior Center provides the on-site labor necessary to warm and serve the meals. The
term ofthis agreement is for three years.
Financial Impact:
No major impact to the general fund. Grant match monies budgeted in the general fund are used
if there is not enough meal donation monies collected. The most impact to the general fund has
been about $5,000, which is included in the Recreation Budget under Grant Match. Food
preparation and delivery costs are fully budgeted in the Senior Nutrition grant budget.
Recommendation:
Adopt Resolution.
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RESOLUTI tt.1 · I . / \ (
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE 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 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 the Highland Senior Center, 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 City
Clerk within 60 days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE lliGHLAND SENIOR CENTER, HIGHLAND
DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR
SENIORS PROGRAM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
, 2001, by the following vote, to wit:
on the day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
DEAN-ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~~ t. f~
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MEMORANDUM OF UNDERSTANDING
(NUTRITION FOR SENIORS PROGRAM)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of
,2001, by and between 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 "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.
C. Adhere to all Health Code requirements, including but not limited to
those pertaining to sanitation and food handling principles.
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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 rninimum 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 fees is three dollars and seventy-five cents
($3.75), 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 furnished by City with
substantially the following language in the designated food consumption areas:
"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"
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3. Duties of the City. 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 I :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.
Changes.
City or Center may request changes in the scope of services of
4.
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.
5. Comoliance 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. Liabilitv Insurance. Center agrees to produce 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 additional insured endorsement which provides:
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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 participant political activity, or to further the election or defeat of any candidate
for public office.
8. Religious 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 of damage, including all claims for property damage and any and
all 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
employed by, or acting as agent for City.
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10. Term. This Memorandum of Understanding shall be effective immediately and
shall continue in effect for a period of three years 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 Senior Program cease or decrease, City may
unilaterally terminate this Memorandum of Understanding forthwith upon notification to
Center.
II. Attomev Fees Provisions. If any legal action 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 it 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 purposes of this paragraph.
12.
Notice.
All notices shall be in writing and delivered in person or sent by
certified mail, postage prepaid, return receipt requested, addressed as follows:
ASSOCIATION
CITY
Highland Senior Center
Highland District Council Aging, Inc.
3102 East Highland Avenue
Post Office Box 948
Highland, CA 92346
Director of Parks, Recreation
and Community Services Department
547 N. Sierra Way
San Bernardino, CA 92410-4816
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MEMORANDUM OF UNDERSTANDING
(NUTRITION FOR SENIORS PROGRAM)
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
By
Title
John A. Kramer, Acting Director
Parks, Recreation and Community
Services Department
Approved as to form
and legal content:
James F. Penman
City Attorney
By
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09-18-01 dlb
Highland Senior etr Nutrition Program
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 19,2001
TO:
John Kramer, Acting Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-322
At the Mayor and Common Council meeting of October 15,2001, the City of San Bernardino
adopted Resolution 2001-322 - Resolution authorizing the Mayor or her designee to execute a
Memorandum of Understanding with the Highland Senior Center, Highland District Council on
Aging, Inc., relating to a Nutritionfor Seniors Program.
Attached is one original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by December 14, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
~::y 'g;:~' ..." mrntio~d do,=,olli.
/tJ- ~ 4 - 0 I Please sign and return
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Date:
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 10, 2001
TO:
Lemuel Randolph, Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-322 - Memorandum of Understanding, Highland Senior Center,
Highland District Council on Aging, Inc.
Our office has not received the above-referenced Memorandum of Understanding with the
Highland Senior Center, Highland District Council on Aging, Inc., relating to a Nutrition for
Seniors Program, which was approved at the Mayor and Common Council meeting held on
October 15,2001.
Please forward the executed agreements to the City Clerk's office, to my attention; otherwise,
please submit a memo detailing their status.
Note: The resolution and agreement will be null and void if not executed by December 14, 2001.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): to--rS-b\ Item # \ 9
Vote: Ayes 1-'1 Nays-e--
Change to motion to amend original documents: -
Resolution # Z C(, \ - 3Zz.
Abstain -0- Absent -e-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: \ 0- II - 0 \
Date of Mayor's Signature: IO-\2~O\
Date ofClerklCDC Signature: 10- \ ~ -0'
NullNoidAfter: too 04'1.0 !16-J<t-CI
By: -
Reso. Log Updated: V
Seal Impressed: ,/'
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on-Jlltlnt3y:
90 Day Reminder Letter Sent on 45th day:
ICl-\Cj-O I
1;)-10-0)
See Attached: ,../' Date Returned: ,2.-1 '3"<'j
See Attached: ~
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, (2634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec. ,/'
Dev. Services
Code Compliance
Police Public Services
Water
Notes:
Yes ~ No By
Yes No ~ By
Yes No~ By
Yes No vi By
Yes N07 By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: .J!:l:L.
Date: t2-w"G \
Revised 01/12/01