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HomeMy WebLinkAbout1998-208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 98-208 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH STACEY LUCIANO RELATING TO THE FURNISHING OF REGISTERED DIETITIAN SERVICES TO BE UTILIZED BY THE CITY'S SENIOR NUTRITION PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: The Director of Parks, SECTION 1. Recreation and Community Services Department is hereby authorized to execute on behalf of said City an agreement with Stacey Luciano relating to the furnishing of Registered Dietitian Services to the Senior Nutrition 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 15 expire and be void and of no further effect if the agreement is 16 not executed and returned to the Office of the City Clerk within 17 sixty (60) days following effective date of the resolution. 18 I HEREBY CERTIFY that the foregoing resolution was adopted 19 by the Mayor and Common Council of the City of San Bernardino at meeting, thereof, held on the 20th day 20 a regular 21 of July 22 II 23 II 24 II 25 II 26 II 27 II 28 , 1998, by the following vote to wit: -1- 98-208 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH STACEY LUCIANO RELATING TO THE FURNISHING OF REGISTERED DIETITIAN SERVICES TO BE UTILIZED BY THE CITY'S SENIOR NUTRITION PROGRAM. AYES NAYS X X X X X X X COUNCIL MEMBERS ESTRADA LIEN 8 ARIAS 9 SCHNETZ 10 DEVLIN 11 DEAN-ANDERSON 12 MILLER 13 14 15 The forgoing resolution is hereby 16 17 18 July , 1998. 19 20 21 Approved as to form and legal content: 22 JAMES F. PENMAN 23 City Attorney 24 25 26 27 28 -. ABSTAIN ABSENT ~<~ ;6. (~~t~~ Cit Clerk approved this ~;?~ dRY of th Valles, Mayor y of San Bernardino 9tl-208' . . AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for Professional Services ("Agreement") is made and entered into thi~day of~ 1995 by and between the CITY OF SAN BERNARDINO ("City") and Stacey Lucianof'a ptivate contractor, hereinafter referred to as "Consultant", for a period of twd years. WHEREAS, City desires to retain Consultant for purposes of providing Registered Dietitian services for the City of San Bernardino's Senior Nutrition Program. WHEREAS, Consultant has represented to City that Consultant has the knowledge, skills, resources and experience qualifying Consultant to provide the services described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, based on the representations of Consultant, City desires to retain Consultant's services. NOW THEREFORE, CITY and CONSULTANT mutually agree as follows: 1. CONSULTANT'S RESPONSmILITIES City hereby retains Consultant to provide management services which shall include but are not limited to other services described in Exhibit "A" attached hereto and incorporated herein by this reference. Consultant hereby agrees to perform such professional services which are referred to herein as "services" or "work" as directed by the Director of Parks, Recreation and Community Services Department (Department Director) . 2. PROHmITION AGAINST SUBCONTRACTING OR ASSIGNMENT The services rendered herein shall be rendered by the individual Consultant whose experience, knowledge, capability and reputation were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform, in whole or in part, the services required hereunder without the prior written approval of City. This Agreement shall not be assigned or transferred by Consultant without the prior written consent of the Department Director. 3. RIGHT TO AUDIT City or any of its duly authorized representatives shall have access to the books, documents, papers, records, excerpts and transcripts of Consultant which are pertinent to the services rendered under this Agreement or purposes of performing an audit. All books of accounting, records, reports and supporting detail generated in connection with services rendered shall be retained by Consultant for five (5) years following termination of this Agreement or for a longer period as required by law. - I - 98-208, 4. COMPENSATION City shall compensate Consultant at a rate of $ 420.80 per month for work provided by Consultant. Total compensation paid pursuant to this Agreement shall not exceed $5,050. Consultant shall submit a request for payment directly to the Department Director on a monthly basis. City shall pay Consultant within two (2) weeks of receipt of the request in accordance with the standard accounts payable system of City. Request shall be presented in a form acceptable to the Department Director and shall be subject to final approval by City. 5. CONFIDENTIALITY OF REPORTS Consultant shall keep confidential all reports, information and data received or generated in connection with the services provided in addition to any other reports and information City designates confidential. Such information shall not be made available to any person, firm, corporation or entity without prior written consent of City. 6. RELEASE OF NEWS INFORMATION No news releases including photographs, public announcements or confirmation of same or any provision of this Agreement shall be made without prior written approval of City. 7. CITY SUPPORT City shall provide Consultant with plans, publications, reports, statistics, records and any other data reasonably available to City which are pertinent to Consultant's ability to render its services. 8. INDEPENDENT CONTRACTOR Consultant shall perform services as an independent contractor and shall not be considered an employee of City. This Agreement is not intended to create the relationship of agent, servant, employee, partnership, joint venture or association between Consultant and City. 9. INDEMNIFICATION Consultant shall indemnify, defend and hold harmless the City from and against any and all liability, claims or costs including attorney fees arising out of or related to the acts or omissions of the Consultant to the extent that it is obligated to indemnify, defend and hold harmless the employees of City. - 2 - 98-208 ' 10. INSURANCE To the extent required by law, Consultant agrees to maintain Worker's Compensation Insurance in accordance with California Worker's Compensation laws for all workers under its employ and any of its subcontractors or contractors. 11. COMPLIANCE WITH LAW The parties agree to be bound by applicable federal, state and local laws pertaining to performance of this Agreement. 12. NONDISCRIMINATION Consultant shall not discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or disabilities in the performance of this Agreement. 13. SEVERABILITY In the event that anyone or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained herein. 14. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all correspondence, documents, data, reports and other products generated by or on behalf of City under this Agreement shall become the property of City and shall be delivered to City upon request at any time during or following termination of this Agreement by either party. 15. TERMINATION This Agreement may be terminated at any time by either party by giving the other party ten (10) days prior written notice. - 3 - 98-208' 16. NOTICE Notices shall be presented in person, by Certified or Registered United States Mail with return receipt or by overnight delivery made by a nationally recognized delivery service. Notice presented by United States Mail shall be deemed effective the second business day after deposit with the United States Postal Service. Nothing in this section shall be construed to prevent giving notice by personal service or by telephonically verified actual fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. TO CONSULTANT: STACEY LUCIANO 12590 REDSTONE CIRCLE YUCAIPA, CA 92399 CITY: CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 547 NORTH SIERRA WAY SAN BERNARDINO, CA 92410 16. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto. This Agreement contains the entire understanding and agreement of the parties and cannot be amended without the written consent of both parties hereto. 17. AMENDMENT This Agreement may be amended at any time by a written instrument signed by both parties. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. - 4 - 98-208 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year above shown. THE CITY OF SAN BERNARDINO BY tZlo-U j . :?d~' ANNIE F. RAMOS, DIRECTOR PARKS, RECREATION AND COMMUNITY SERVICES Approved as to form and legal content: 'Z~.,. 7. A &\MES F. PENMAN, CITY ATTORNEY B 7/02/98 amt - 5 - dietitian agreement 98-208 CAUFORNIA DEPARTMENT OF AGING TITLE III PROGRAM MANUAL PROGRAM DIETITIAN 1. This individual shall possess all of the following qualifications: (a) Registration (RD) with the Commission on Dietetic Registration. (b) Two years professional experience in nutrition or dietetics, preferably food service management (administrative dietetics), geriatric nutrition or community nutrition. Completion of one year of dietetic internship may be substituted for one year of expenence. 2. Consideration is to be give to RD-Eligible applicants when there are no RD candidates. Continued employment would be contingent upon achievement of RD, and consultation with the AAA and the Department. PROGRAM DIETITIAN A program dietitian as defined in this section shall: 1. Approve all menus and substitutions prior to usage; or Establish procedures and train the nutrition service director, food service manager, and/or kitchen manager, who in the absence of the program dietitian, can make appropriate menu substitutions. Substitutions are to be documented and kept on file until reviewed by the AAA dietitian or the Department. 2. Ensure food service sanitation and the practice of hygienic food handling techniques; 3. Review and approve the content of all in-service training sessions prior to presentation. 4. Plan, approve and coordinate all nutrition information/education activities for both congregate and home-delivered meal participants. 5. Establish food safety standards in conformity with Subsections 147.1, 147.3 and 147.7. 6. Monitor no less than quarterly food quality, food handling and sanitation practices of food production facilities at satellite sites and for home-delivered meals. A-I EXHIBIT "A" 9!l-208, NUTRITION EDUCATION SERVICES FOR CONGREGATE AND HOME-DEUVERED MEAL PARTICIPANTS I. Each nutrition service provider shall provide nutrition education on at least a semi-annual basis to participants in congregate and home-delivered meals programs. It is recommended that nutrition education be provided quarterly to congregate and home- delivered meal participants. 2. Nutrition education services shall be planned for congregate and home-delivered participants in accordance with AAA nutrition policy. (a) All nutrition education plans, activities and materials shall be approved by the service provider dietitian prior to presentation. (b) The nutrition education for congregate sites is defined as demonstrations, audio video-visual presentations, lectures or small group discussions. (c) Handout material may be used as the sole nutrition education component for the home-delivered meal participants as well as in conjunction with a congregate nutrition education presentation. 3. The purpose of nutrition education is to inform individuals about available facts and information which will promote improved food selection, eating habits, nutrition and health-related practices. These activities are designed to: (a) Assist older persons in obtaining the best nutritional services available within their resources. (b) Aid older persons in making sound food choices consistent with The Dietary Guidelines for Americans and the California Daily Food Guide (found in Appendix 1), and in obtaining the best food to meet nutritional needs for the least money. (c) Make older persons aware of community sponsored health programs which encourage and promote sound nutritional habits and good health. (d) Assist older persons, where feasible, in the area of therapeutic diets as required by health or social condition. A-2 98-208 4. Nutrition education services shall be provided by a dietitian or by personnel trained or approved by the dietitian. Dietetic students, interns or technicians may provide nutrition education under the close supervision of a qualified dietitian. Coordination with community resources is encouraged. NUTRITION COUNSEUNG FOR HOME BOUND AND CONGREGATE MEAL P ARTICIP ANTS Nutrition counseling is defined as the provision of individual dietary evaluation and counseling provided for specific therapeutic needs. Nutrition counseling is an appropriate nutrition service and shall be provided when feasible. Nutrition counseling may be made either in person or by phone. When provided, service shall meet the following standards: 1. The program dietitian shall provide this counseling. 2. A diet order written and signed by a physician shall be on file. 3. All nutrition counseling shall be documented and filed to maintain confidentiality. Taken from: CDA Manuel Section H Section 145.11 Page H-12 7/02/98 amt A-3 dietitiannuLSvcs.