HomeMy WebLinkAbout1996-294
1
2
3
4
5
6
RESOLUTION NO. 96-294
RESOLUTION OF THE CITY OF SAN BERNARDINO 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
7 Community Services Department of the City of San Bernardino
8 is hereby authorized and directed to execute on behalf of
9 said City, a Memorandum of Understanding with Community
10 Adult Day Care of San Bernardino relating to a Nutrition for
11 Seniors Program, a copy of which is attached hereto, marked
12 Exhibit "A" and incorporated .herein by reference as fully as
13 though set forth at length.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 the City Clerk within 60 days following
effective date of the resolution.
II
II
II
II
II
II
II
II
9/11/96 -1-
RES 96-294
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
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
joint
Bernardino at a regular meeting thereof, held on the
7th
day of October
, 1996, by the following vote,
to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
~.L~
Rac 1 Clark, City Clerk
The foregoing resolution is hereby approved this rAt
day of
October
, 1996.
~~.. rh
--7&n1 Zf~
Tom Minor,' Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
. (~
By:
-2-
RES 96-294 .
1
2
3
4
5
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
Cr Jf~.6l'-~~~
.>-v 1'{,
day of
, 1996, by and between the City of
San Bernardino, a municipal corporation hereinafter referred to as
6 "City" and the Community Adult Day Care of San Bernardino
7 hereinafter referred to as "Care Center".
/
8 City and Care Center agree as follows:
9
10
11
1.
This Memorandum of Understanding is made with reference
to the following facts and objectives:
A. City currently operates
a Nutrition for Seniors
12 Program, which program is the subject of a contract between the
13 County of San Bernardino Office of Aging and the City of San
14 Bernardino.
15
16
17
18
19
20
21
22
23
24
25
26
27 9/11/96
B.
The parties desire to establish a delivery of meals
to clientele of the Care Center operating under a lease arrangement
with the State of California Department of Health.
Term.
This Memorandum of Understanding shall be
C.
effective immediately, and shall continue in effect for a period of
one year subject to termination by either party for any reason upon
thirty days written notice to the other 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.
-1-
28
RES 96-294
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
2. Duties of Care Center. Care Center Shall:
A. Prepare A Daily Listing
1) Prepare the 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 andlor 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
9/11/96 -2-
RES 96-294 .
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
Adult Day Care of San Bernardino Administrative Director as a
request for payment to the City'snutritin 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) Meals served to clientele of the Care Center sixty
(60) years and older and their spouses, and to authorized
volunteers sixty (60) years and older shall be at the suggested
donation level of one dollar seventy-five cents ($1.75).
2) Except as provided above, for those Care Center
clientele and authorized volunteers and guests not yet sixty (60)
years of age, the fee for all other meals received must be
calculated in accordance with County Office on Aging's Nutrition
Policies and Procedures Manual. This is subj ect to variance
predicted on the cost of meals. Presently, for purpose of this
agreement, the fee for a non-senior meal has been calculated to be
three dollars and fifty cents ($3.50). All changes in meal fees
shall be coordinated in advance of any billing month with the Care
Center.
E. Care Center shall conform to all provisions of the Civil
Rights Act of 1964, as amended.
9/11/96
-3-
RES 96-294
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
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 nutritional
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.
Duties of Citv.
City shall:
3.
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
and the Department of Health, Educational 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 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.
9/11/96
-4-
RES 96-294
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
2) The City of San Bernardino, upon written request,
will furnish financial reports relating to the provisions of
nutrition services under this Memorandum of Understanding and the
payments therefore to the Community Adult Day Care of San
Bernardino and to the Department of Aging and Adult Services in
such form and to fulfill the obligations for financial report to
the department.
4. Chanqes. 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. Liabi1itv 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
9/11/96 -5-
RES 96-294
1
2
3
4
5
6
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.
B. The insurance company name, policy number, period of
7 coverage, and amount of insurance.
8 C. That the City Clerk of the City of San Bernardino
9 must be given notice in writing at least thirty days prior to
10 cancellation, material change, or refusal to renew the policy.
11 D. That Care Center's insurance will be primary to any
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. Re1iqious 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
9/11/96 -6-
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
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,
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 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
9/11/96 -7-
RES 96-294
1 carrying out the duties of City under this agreement. Therefore,
2 the parties hereto are, and shall remain, independent contractors
3 bound by the provisions thereof. City is under the control of Care
4 Center as to the result of City's work only, and not as to the
5
6
manner and means by which such result is accomplished.
12. Attornev Fees Provisions.
action
If any legal
or
7 arbitration is necessary to enforce or interpret the terms of this
8 agreement, the prevailing party shall be entitled to reasonable
9
10
11
12
attorney's fees, in addition to any other relief to which he may be
entitled.
13. Notices. All notices to the parties arising as a result
this Memorandum of Understanding shall be
in writing and
of
13 delivered in person or sent by certified mail, postage prepaid,
14 return receipt requested, addressed as follows:
15
16
17
18
19
Care Center
City
Mrs. Kimiko Ford
Administrative Director
Community Adult Day Care
of San Bernardino
Director of Parks, Recreation
and Community Services
547 N. Sierra Way
San Bernardino, CA 92410
l4. Entire Aqreement.
This agreement contains the entire
20 agreement of the parties with respect to the matters covered by
21 this agreement, and no other agreement shall be binding or valid.
22
23
24
25
26
27 9/11/96
-8-
28
RES 96-294
1 IN WITNESS WHEREOF, the parties hereto have subscribed their
2 names the day and year first herein written above.
3
4
5
6
7
8
COMMUNITY ADULT DAY
CARE OF SAN BERNARDINO
By: !!xJ~/,
Title:
(r-//~ ! I' /~lj /9./
CITY OF SAN BERNARDINO
By: ;2'tU 1. f(;,~v
Annie F. Ramos, Director
Parks,Recreation and
Community Services
9
Approved as to form
10 and legal content:
11 James F. Penman
City Attorney
12 By: ~ ?~;Z?~
13 {J
14
15
16
17
18
19
20
21
22
23
24
25
26
27 293-reso.mou-jf
9/11/96
28
-9-
. A c~mmunitY Adult Day Care
'II of San Bernardino
October 3D, 1996
Arthur Diggs
Senior Nutrition Supervisor II
City of San Bernardino
Parks, Recreation & Community Services Department
600 West 5th Street
San Bernardino, CA 92410-4816
Dear Mr. Diggs:
This is a written notice of our request for a change in the scope of services
under the Memorandum of Understanding. Refer to Paragraph 4 on page 5.
Every year our Adult Day Care has an annual picnic scheduled on two different
days. We will notify you of the specific dates at least two weeks prior to
the days which we will not be ordering lunch meals for our participants.
Therefore, there will be no charges for those two days.
Thank you for your daily service to our program.
z~ 8~ yfl)
Sandra Baum, RN
Program Director
P.S. For this year, the days are November 18 and 19.
/Cf7~"
?~-~9r
3102 East Highland Avenue - P.O. Box 387. Patton, California 92369. (909) 862-8220
ZF338 (1/96)