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HomeMy WebLinkAbout2001-198 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-198 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO SENIOR NUTRITION PROGRAM MEALS. 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 Community Adult Day Care of San Bernardino 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, III III III III III III III III III III 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO SENIOR NUTRITION PROGRAM MEALS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18thdayof June ,2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN X McGINNIS x SCHNETZ X SUAREZ X DEAN-ANDERSON X McCAMMACK X ~~~ City lerk The foregoing resolution is hereby approved this :J [57 day of June ~, , 2001. Approved as to Form and legal content: ~c~ Judith Valle~, Mayor City of San ~ernardino \ " / JAMES F. PENMAN, City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of 2001-198 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 18th June , 2001, by and between the City of San Bernardino, a municipal corporation hereinafter referred to as "City" and the Community Adult Day Care of San Bernardino hereinafter referred to as "Care Center." City and Care 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 of Aging and City of San Bernardino, B, The parties desire to establish sales and delivery of meals to the Care Center operating under a lease arrangement with the State of California Department of Health, C. Term. This Memorandum of Understanding shall be effective immediately upon the date set forth above, 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 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 Care Center. 2. Duties of Care Center. Care Center shall: 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Prepare a Daily Listing I. Prepare this listing, in duplicate, and shall set forth all Care Center clientele, authorized volunteers and guests scheduled to receive a meal on the following delivery day. All persons less than sixty (60) years of age shall be so identified on said listing. 2. The original shall be retained by the Care Center. 3. The duplicate copy shall be given to a designated employee of the City, by I :00 PM of the day preceding the date of delivery. 4, Each day before 2:00 PM the program director of the Care Center shall contact the Perris Hill Senior Center kitchen supervisor, or other designated representatives of the city's nutrition program, and state the anticipated number of meals required on the following day, These meals will be delivered by City on the next delivery day. If Friday and/or Monday is a holiday, the program director of the Care Center will initiate a timely contact with a supervisor of the City's nutrition program to make alternative arrangements. B. At the end of each month, the program director of the Care Center shall tally the total number of meals ordered to serve the Care Center clientele, authorized volunteers, and guests during the preceding month. This tally, after verification by a designated City representative, shall be given to the Community Adult Day Care of San Bernardino Administrative Director as a request for payment tot he City's nutrition program. C. The Care Center shall pay for all meals ordered to serve the Care Center clientele, authorized volunteers and guests on a monthly basis in a timely manner within 30 days of receipt of the request for payment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2001-198 D. The fee for meals shall be in accordance with the following: L The cost of all meals ordered to serve at the Care Center shall be Three Dollars and Seventy-five Cents ($3.75). E. Care Center shall conform to all provisions of the Civil Rights Act of 1964, as amended. F. Care Center shall allow placement of a sign to be furnished by City with substantially the following language: TO WHOM IT MAY CONCERN The Senior Citizen Nutrition Program 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 G. Care Center shall provide all utensils and any personnel required for the service of food to its clientele. 3. Duties ofCitv. City shall: A. Furnish meals as required by Care Center on the next delivery day following date of verbal notification and written submission of a daily listing of meals to be served above. Deliveries shall not be made on weekends except as indicated or on holidays on which either the Care Center or the City are not open for business. B. Inspections of City Records 1, Upon reasonable notice, the Department of Aging and Adult Services and the Department of Health, Education and Welfare shall have the right to inspect or reproduce all books and records of the City as they relate to the provision of food services under 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the terms of this Memorandum of Understanding. Such books and records shall be available for inspection or reproduction at all reasonable times at the City for a term of at least four years from the effective date of this Memorandum of Understanding. 2, The City of San Bernardino, upon written request, will furnish financial reports relating to the providing of nutrition services under this Memorandum of Understanding and the payments therefore obtained from Community Adult Day Care of San Bernardino and the Department of Aging and Adult Services in such form as to fulfill the obligations for financial reporting to the department. 4, Changes. City or Care Center may request changes in the scope of services of either party to be performed under this Memorandum of Understanding, Said changes, including an increase or decrease in the amount of delivery or the days of service must be mutually agreed upon by City and Care Center, and must be incorporated in written amendment to this Memorandum of Understanding, 5, Compliance with The Law. Care 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. Care Center agrees to procure 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 Care Center's operations under this Memorandum of Understanding in a minimum amount of One Million Dollars ($1,000,000) combined single limit. Care Center shall provide to the 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City's Human Resources Department, pnor to serving any meals, a certificate of insurance and an additional insured endorsement which provides: A. City of San Bernardino is an additional named 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 a least thirty days prior to cancellation, material change, or refusal to renew the policy. D. That Care 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 service contributed by 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 use. 8. Religious Activities Prohibited, Religious worship, instruction, or proselytization shall not be instigated as part of or in connection with the performance of the Memorandum of Understanding. 9. Hold Harmless Bv Care Center. Care Center shall 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 personal injury, including death, claims for property damage and any and all other claims for liability, which may arise from the duties performed by Care Center under this Memorandum of Understanding, whether such duties be by Care Center, or by anyone or more persons directly or indirectly employed by, or acting as agent for Care Center. Care Center shall defend City and its elective and appointive boards, commission, officers, agents, and ,.,' 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any such duties. 10. Hold Harmless Bv Citv. City shall hold Care Center, its officers, directors, agents, and employees, harmless from Liability for damage or claims for damage, including all claims for personal injury including death, claims for property damage and any an all other claims for liability, which may arise from the duties performed by City 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 the City, City shall defend Care Center and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any such operations. II. Independent Contractor Provision, This Memorandum of Understanding does not constitute the hiring by either party. It is the parties' intention that so far as shall be in conformity with the law, City will be an independent contractor and not Care Center's employee, In conformity therewith, City retains sole and absolute discretion and judgement in the manner and means of carrying out the duties of City under this agreement. Therefore, the parties hereto are, and shall remain, independent contractors bound by the provisions thereof. City is under the control of Care Center as to the result of City's work only, and not as to the manner and means by which such result is accomplished. 12, Attornev 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 he/she may be entitled. The costs, salary, and expenses of the City Attorney and members of his office in enforcing 2001-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: ~___ ? L 06& dlb this contract on behalf of the City shall be considered as "attorney's fees" for the purpose of this paragraph. 13. Notices. 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, return receipt requested, addressed as follows: Care Center City Adult Day Care P.O, Box 387 Patton, CA 92369 Parks, Rec. & Com. Svs. Dept. 547 N. Sierra Way San Bernardino, CA 92410 14. Entire Agreement. This agreement contains the entire agreement of the parties with respect to the matters covered by this agreement, and no other agreement shall be binding or valid. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first herein written above. COMMUNITY ADULT DAY CARE OF SAN BERNARDINO CITY OF SAN BERNARDINO ~ , By~ ~Yfx~1n( 1:]t'L.{J}'- By: ~'~ Judith Valles, Mayor City of/San Bernardino i \ i , Title: liP tl!mmuhlh jl.{/5..s;t1i--- Approved as to form And legal content: James F, Penman City Attorney , . June 22, 2001 TO: FROM: SUBJECT: 2001 July 4 July 5 ,.,Hd) 6 September 3 November 12 November 22 November 23 December 24 December 25 December 31 2002 January 1 January 21 February 18 May 27 Adult Day Care Jeannie Lloyd, Senior Nutrition Program City of San Bernardino Addendum to Contract, Resolution # 2001 - 198 Non-meal Service Days - July 1,2001 - June 30, 2002 Independence Day Adult Day Care request Lldl.llt 21tJ ~~.- ''-'Iud K t~0'tZ'7'~i 'C'"J Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Martin Luther King, Jr. Day All President's Day Memorial Day l\ f.L&. lfA).7 j - a~ I Adult Day Care Authorized Signature Jeannie Lloyd Senior Nutrition Director City of San Bernardino