HomeMy WebLinkAboutCity of Tamarac Resolution R-99-016Temp. Reso. #8478
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12/28/98
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R99- 16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND THE HUMAN SERVICES NETWORK,
INC., D/B/A BROWARD MEALS ON WHEELS RELATING TO
BROWARD MEALS ON WHEELS SPONSORING A
CONGREGATE NUTRITION PROGRAM TO BE HELD
WEEKDAYS AT THE CITY'S MULTI -PURPOSE CENTER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has been approached by the Human
Services Network, d/b/a Broward Meals on Wheels to provide space for a
Congregate Nutrition Program site; and
WHEREAS, the City of Tamarac has available and appropriate space for a
Congregate Nutrition Program in the Multi -Purpose Center at 7531 N. University
Drive; and
WHEREAS, the City of Tamarac has obtained a minimum of twenty
names of interested participants residing in the City of Tamarac; and
WHEREAS, participants in the Congregate Nutrition Program will be
required to provide identification that they are over sixty years of age; and
WHEREAS, there is no financial obligation on the part of the City in
hosting a Congregate Nutrition Program; and
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Temp. Reso. #8478
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12/28/98
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to provide a
Congregate Nutrition Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of
this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute an Agreement between the City of Tamarac and the Human Services
Network, Inc., D/B/A Broward Meals on Wheels relating to Broward Meals on
Wheels sponsoring a Congregate Nutrition Program (attached hereto as Exhibit
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon
adoption.
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Temp. Reso. #8478
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12/28/98
PASSED, ADOPTED AND APPROVED this,/,�day of
1999.
f E SCHREIBER
MAYOR
ATTEST:
L 4"',
la �-
CAROL G LD
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
L--" CITY ATTORNEY
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULT,
DIST 4:
COMM. ROBE
SITE AGREEMENT
4 On Behalf of
Broward Meals On Wheels
Agreement made and entered into thisJ,Plday of � 1999, by and between the Human Services
Network, Inc., d/b/a BROWARD MEALS ON WHEEL'S of Broward County (hereinafter called BMOW), and
City of Tamarac, a municipal corporation organized according to the laws of the State of Florida
(hereinafter called "City").
WHEREAS, BMOW is the sponsoring agency of the Nutrition Program providing meals through the
provisions of the Older American's Act, for Broward County's senior residents; and
WHEREAS, City, sharing the concern for the nutritional welfare of Broward County's senior residents
and having space suitable for use as a meal site for the Nutrition Program, agrees to
make available said space for the program.
NOW THEREFORE, the parties hereby agree:
1. BMOW will provide meals at the facility located at 7501 N. University Drive, Tamarac, FL 33321, for
the eligible participants of the Nutrition Program.
2. That the BMOW represents and assures that this location will not be used by the BMOW and its
participants for any purpose other than those associated with the services required by the Nutrition
Program.
3. That the BMOW is sensitive to the vulnerability of the elderly population and therefore does not allow
outside groups/Cities to make presentations to the participants of the Nutrition Program unless an
agreement has been signed between BMOW and the presenter.
• 4. That the City shall be responsible for the following:
(a) Providing space that is adequate, safe and environmentally comfortable and providing adequate
time for the proper serving of the meals. The established hours of the Nutrition Service are
10:30AM — 1:30PM and the space designated for the Nutrition Service is located in the Multi -
Purpose Center at the Parks and Recreation Complex, and occupies 637 square feet.
(b) Providing removal of garbage.
(c) Providing assurance that sanitation standards will be met as required by state and local health
ordinances.
(d) All incidents and accidents occurring outside the designated space and/or established hours will
be the responsibility of the City, unless the incidents or accidents are a result of activities arising
under this agreement.
(e) The coordination of activities so as not to interfere with the Nutrition Program serving time.
(f) Understanding that all supplies delivered by BMOW (plastic ware, napkins, etc.) are for the sole
purpose of the Nutrition Program, and not for the personal use of the City.
(g) Acknowledging that in compliance with requirements of the Older American's Act, as interpreted
by the Department of Elder Affairs and the Area Agency on Aging, BMOW shall maintain certain
standards which will be followed by their designated Site Administrator, as itemized in section
5(h).
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(h) The payment of any charges, costs or fees incurred in the form of utilities (including water, air
conditioning, heat or electricity), garbage pickup, and day-to-day maintenance of the premises,
not including the clean up from the Nutrition Program.
(i) The payment for any repairs or maintenance deemed necessary by any governmental agency,
including but not limited to health department, fire inspections, and building inspection.
(j) The identification of BMOW as a service provider in written brochures and publicity materials
when the Nutrition Program is mentioned.
(k) The advance notification to BMOW of their schedule of Holidays and any other days the facility
will not be available for the Nutrition Program.
(1) Space will be provided for BMOW to display signs as required by the Older American's Act during
the hours of the Nutrition Program service.
5. That BMOW shall be responsible for the following:
(a)
Assuring that all food service and dietary standards imposed by the Administrative Code for the
State of Florida and the Department of Elder Affairs Programs and Services Manual are followed.
(b)
Assuring that each daily meal provided will meet the 1/3 Recommended Daily Allowance
requirement for people over age 51.
(c)
Assuring that the service area will be inspected by the Nutritionist and that it meets current Food
Service Establishment Inspection criteria using the monitoring form designated by the Department
of Elder Affairs.
(d)
Providing Nutrition Education in a manner appropriate to the clients attending the Nutrition
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Program on a monthly basis.
(e)
Providing a staff person (called a Site Administrator) to supervise the Nutrition Program and to
recruit volunteers to assist in the meal service.
(f)
Providing training for the Site Administrator and each recruited volunteer on food safety, food
handling/work place safety.
(g)
Providing for supervision of Site Administrator and all volunteers.
(h)
Assuring that policies and procedures to be followed by designated Site Administrator are in
compliance with the Older American's Act requirements, as itemized below:
i. All persons aged 60 and over regardless of residency are eligible to participate in the
nutrition program.
ii. Rosters must accurately reflect the actual eligible people receiving services and the numbers
of meals served must tally to the numbers of meals received and signed for on caterer's
invoices.
iii. Intakes and nutrition screening forms will be completed for each participant and sent to
BMOW offices along with rosters.
iv. The contribution box must be made visible to all participants/caregivers.
v. The contributions must be counted on a daily basis and returned to BMOW via bank bag
supplied by BMOW.
vi. That all clients and/or caregivers are informed of the BMOW services provided in the facility.
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• , vii. That all BMOW staff and volunteers must wear BMOW badges during meal services. No
other volunteer will be allowed to assist.
viii. That no BMOW staff or volunteer is to administer any more first aid than a band -aid.
6. BMOW staff Nutritionist is available for consultation with staff of the City, clients, and caregivers to
discuss the client's diet in relation to the meal provided by BMOW at the Nutrition Program.
7. That BMOW covenants and agrees with the City that the BMOW shall indemnify and hold harmless
the City against any and all claims, debts, demands or obligations which may be made against the
City arising by reason or in connection with this Agreement and for the furnishing of the meal site.
This indemnification and hold harmless shall survive the termination of the agreement and apply to all
claims arising under the agreement.
8. That BMOW will provide an allocation of meals per day in accordance with its budget and the current
needs of the City. Should this need change, the City may contact BMOW to advise as to the changed
needs.
9. The BMOW further agrees to procure and carry, at its own expense, insurance against all liability in
the sum of $1,000,000.00 per occurrence, in compliance with the following stipulations:
(a) The City of Tamarac shall be listed as an additional insured.
(b) The insurance carrier shall be rated at least A-V.
(c) In the occurrence of coverage termination, the City shall be given 30 days notice.
(d) The insurance shall be in a form and content that is acceptable to the City's Risk Manager.
10. Notices. All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or
sent by overnight carrier to the following addresses:
City: City of Tamarac
7525 N.W. 88T" Avenue
Tamarac, Florida 33321-2401
Attention: City Manager
With Copy to: City of Tamarac
7525 N.W. 88`h Avenue
Tamarac, Florida 33321-2401
Attention: City Attorney
Agency: Human Services Network, Inc.
d/b/a/ Broward Meals on Wheels
4110 N. State Road 7
Lauderdale Lakes, FL 33319-4827
Attention: President
This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force.
The venue for actions arising out of this Agreement is fixed in Broward County, Florida.
The term of this agreement shall be for a period of one year from the date entered and shall be
considered renewed on a year-to-year basis if not terminated by certified mail notice within 10
IDdays of the Conclusion of each term. Failure to meet requirements of 4(b) and 4(c) may also cause
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this agreement to be terminated. However, notwithstanding the above, either party has the right to
terminate this agreement upon 30 days written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purpose therein
expressed the day and year first above written.
Signed, sealed and delivered in the presence of:
HUMAN SERVICES NETWORK, INC. CITY OF TAMARAC:
d.b.a. Broward Meals On Wheels:
C DateLol c. Date_
J00 Pudwell ,Joe Schreiber
Executive Director mayor
ATTEST: 0 ` 'i— 4� - � Dt_ Date
Robert S. Noe, Jr.
City Manager
Date
Witness
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BETTY DIZIK
My COMMISSION / CC 96 a v
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ATTEST:
Date
Carol Gold
City Clerk
APPROVED AS TO FO
SMFICIENCY:
MftRell Kraft
City Attorney
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