HomeMy WebLinkAbout1997-175
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RESOLUTION NO. 97-175
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
3 DEPARTMENT TO EXECUTE AN AGREEMENT WITH STACEY LUCIANO
4 RELATING TO THE FURNISHING OF REGISTERED DIETITIAN SERVICES TO
BE UTILIZED BY THE CITY'S SENIOR NUTRITION PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Director of Parks, Recreation and Community Services
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Department is hereby authorized and directed to execute on behalf of said City an agreement
with Stacey Luciano relating to the furnishing of Registered Dietitian Services to the Senior
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Nutrition Program, a copy of which is attached hereto, marked Exhibit" A" and incorporated
12 herein by reference as fully as though set forth at length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of
14 no further effect if the agreement is not executed by both parties and returned to the Office
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of the City Clerk within sixty (60) days following effective date of the resolution.
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20 III
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular meeting thereof,
held on the 16th
day of
June
, 1997, by the following vote, to wit:
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III
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I I I
23
III
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25 III
26 III
27 III
28 III
'97-175
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
2 DEPARTMENT TO EXECUTE AN AGREEMENT WITH STACEY LUCIANO
RELATING TO THE FURNISHING OF REGISTERED DIETITIAN SERVICES TO
3 BE UTILIZED BY THE CITY'S SENIOR NUTRITION PROGRAM.
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 x
NEGRETE
6 x
7 CURLIN
ARIAS x
8
9 OBERHELMAN x
10 DEVLIN x
11 ANDERSON x
12 x
MILLER
13
14
15
16
17
18 The foregoing Resolution is hereby approved this /& f/... day of
~Lt~
Cler
City
JunP-
19 199 7
20
21
22
23 Approved as to form
and legal content:
24
25 James F. Penman,
City tomey
26 .12~
27
28
~?tu~
Minor, Mayor
City of San Bernardino
Tom
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97-175
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT for Professional Services ("Agreement") is made and entered into
this 16th day of June, 1997 by and between the CITY OF SAN BERNARDINO ("City") and
Stacey Luciano, a private contractor, hereinafter referred to as "Consultant", for a period of one
year.
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 RESPONSIBILITIES
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. PROHffiITION 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.
l;xI-Jt8IT'11"
97-175
4. COMPENSATION
City shall compensate Consultant at a rate of $ 208.33 per two (2) week period for work
provided by Consultant. Total compensation paid pursuant to this Agreement shall not
exceed $ 5,000. Consultant shall submit a request for payment directly to the
Department Director on a bi-weekly 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.
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97-175
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.
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97-175
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.
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97-175
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year above shown.
TIlE CTIY OF SAN BERNARDINO
BY a..:, ~. ~. ~---
ANNIE F. RA OS, DIRECTOR
PARKS, RECREATION AND
COMMUNITY SERVICES
Approved as to form and
legal content;
Z
AMES F. PENMAN, CITY ATTORNEY
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5/22 amt
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dietitial'lagreement
97-175
CALIFORNIA 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
experience.
2. Consideration is to be give to RD-Eligible applicants when there are no RD candidates.
Continued employment would be contingent upon achievement of RO, 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, andlor
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.
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EXHIBIT "A"
97-175
NUTRITION EDUCATION SERVICES FOR CONGREGATE AND HOME-DELIVERED
MEAL PARTICIPANTS
1. 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.
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97-175
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 COUNSELING FOR HOME BOUND AND CONGREGATE MEAL
PARTICIPANTS
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, his service shall meet the following standards:
I. 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
nut.servs-u
5/22/97
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