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98-276
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNRDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH
COMMUNITY ADULT DAY CARE OF SAN BERNARDINO 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 Director of Parks, Recreation and
8 Community Services Department of the City of San Bernardino
9 is hereby authorized and directed to execute on behalf of
10 said City, a Memorandum of Understanding with Community
11 Adult Day Care of San Bernardino relating to a Nutrition
12 for Seniors Program, a copy of which is attached hereto,
13 marked Exhibit "A" and incorporated herein by reference as
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14 fully as though set forth at length,
SECTION 2.
The authorization granted hereunder
16 shall expire and be void and of no further effect if the
17 agreement is not executed by both parties and returned to
18 the Office of the City Clerk within 60 days following
19 effective date of the resolution.
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RESOLUTION
Senior Nutr/Adult Day Care
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, 98-276
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH COMMUNITY
ADULT DAY CARE OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held
on the 5th
October
1998, by the following
day of
vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LIEN
x
ARIAS
x
SCHNETZ
x
DEVLIN
x
DEAN-ANDERSON
x
MILLER
x
The foregoing
LMAd~ .
~ v~~~~ jJ:tY7;..
resol~on is hereby approved th'fs'7!Zb,,-
day of
October
, 1998.
/. ! .
21 (.( ( (-e <...--.
Valles, Mayor
22 San Bernardino
Approved as to form
23 and legal content:
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
SA day of (Jc,h~ 1998, 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
13 Program, which program is the subject of a contract between the
14 County of San Bernardino Office of Aging and the City of San
15 Bernardino.
16 B,
The parties desire to establish sales and delivery
17 of meals to the Care Center operating under a lease arrangement
18 with the State of California Department of Health,
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C,
This Memorandum of Understanding shall be
Term,
20 effective immediately, and shall continue in effect for a period of
21 three years subject to termination by either party for any reason
22 upon thirty days written notice to the other party; provided,
23 however that should County, State or Federal funding for the
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Nutrition for Seniors Program cease or decrease,
City may
unilaterally terminate this Memorandum of Understanding forthwith
upon notification to Care Center,
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2. Duties of Care Center. Care Center shall:
A, Prepare a Daily Listing
1) 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 1:00 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
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during the preceding month.
This tally, after verification by a
City
representative,
shall
be
given
to
the
designated
Administrative Director of the Care Center as a request for payment
to the 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.
D. The fee for meals shall be in accordance with the
following:
1)
The cost of all meals ordered to serve at the
Care Center shall be Two Dollars ($2.00).
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,
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3. Duties of Citv. 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. Inspection of City Records
1) Upon reasonable notice, the Department of Aging
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and Adult Services and the Department of Health, Education and
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Welfare shall have the right to inspect or reproduce all books and
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records of the City as they relate to the provision of food
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services under 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, 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 Care Center and the Department of Aging and Adult
Services in such form as to fulfill the obligations for financial
reporting to the department.
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4. Chanoes. 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, the days of service or the
cost of meals 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 City's Risk Management Division prior 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.
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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. Relioious 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 inj ury,
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
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indirectly employed by, or acting as agent for Care Center. Care
Center shall defend City and its elective and appointive boards,
commissions, officers, 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 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 and 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.
11. 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,
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the parties hereto are, and shall remain, independent contractors
2 bound by the provisions thereof.
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12. Attorney Fees Provisions.
If any legal action is
4 necessary to enforce or interpret the terms of this agreement, the
5 prevailing party shall be entitled to the reasonable attorney's
6 fees, in addition to any other relief to which it may be entitled.
7 The costs, salary and expenses of the City Attorney and members of
8 his office in enforcing this contract on behalf of the City shall
9 be considered as "attorney's fees" for the purposes of this
10 paragraph.
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13. Notices. All notices to the parties arising as a result
12 of this Memorandum of Understanding shall be in writing and
13 delivered in person or sent by certified mail, postage prepaid,
14 return receipt requested, addressed as follows:
15 Care Center
Citv
16 Mrs. Kimiko Ford
Administrative Director
17 Community Adult Day
Care of San Bernardino
18 P.o. Box 948
Highland, CA 92346
Director of Parks, Recreation
and Community Services
547 North Sierra Way
San Bernardino, CA 92410-4816
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Entire Agreement.
This agreement contains the entire
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agreement of the parties with respect to the matters covered by
this agreement, and no other agreement shall be binding or valid.
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98--.276
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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
By:
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Title:
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10 Approved as to form
and legal content:
11 James F. Penman
12 City Attorney
13 By: .k~
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MOU
senior NutrjAdult Day Care
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CITY OF SAN BERNARDINO
By: {fl~AJ f 'f&~
Annie F. Ramo, Director
Parks, Recreation and
Community Services