HomeMy WebLinkAbout1989-092
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RESOLUTION NO. 89 92
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH
CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM AND
REPEALING RESOLUTION 88-385.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City, a Memorandum of Understanding
wi th Adult Day Health Care Center relating to a Nutrition for
Seniors Program, a copy of which is attached hereto marked
Exhibi t "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. Resolution 88-385 of Mayor and Comon Council of
the City of San Bernardino is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting held on the
3rd day
Bernardino, at a
requ1ar
April
, 19B~, by the following vote, to wit:
of
AYES:
Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Reilly, Miller
..#h~~~
Ci-t~. Clerk
MJD:ss
March 29, 1989
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RESO: AUTHORIZING THE EXECUTION OF A MEMO OF UNDERSTANDING WITH
ADULT DAY HEALTH CARE CENTER RE: NUTRITION FOR SENIORS PROGRAM A D
REPEALING RESO 88-385
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The foregoing resolution is hereby approved this 4f~~'
day of
April
t8~ ~t "
E yn'~ayor ~
City of San Bernardino
Approved as to form
a legal content:
r.~1A
y Attorney
28 MJD:ss
March 29, 1989
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this 18th day of April , 1989, by and between
the City of San Bernardino, a municipal corporation hereinafter
referred to as "City", and the Adult Day Health Care Center of
the San Bernardino Community Hospital, hereinafter referred to as
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8 "Care Center".
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23 2. Term. This Memorandum of Understanding shall be
24 effective immediately, and shall continue in effect for a period
25 of one year subject to termination by either party for any reason
26 upon thirty days written notice to the other party; provided,
27 however that should County, State or Federal funding for the
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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 the City of San Bernardino.
B. The parties desire to establish a delivery
of meals to clientele of the Care Center operating
under a Memorandum of Understanding at the premises
of the Highland Senior Center (Highland District
Council of Aging, Inc.) wherein the City operates a
Nutrition for Seniors site also under a Memorandum of
Understanding with the Highland Senior Center.
MJD:ss
March 23, 1989
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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.
3. 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 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 the Nutrition Site Coordinator, or other
designated employee of the City, by 1:00
p.m. of the day preceding the date of
delivery.
4) Each Friday, before 1:00 p.m., the
program director of the Care Center shall
contact the Senior Center kitchen
supervisor, or other designated
representative of the City's nutrition
program, and state the anticipated number
of meals required on the following Monday.
These meals will be delivered by City on
the next delivery day. If Friday and/or
MJD:ss
March 22, 1989
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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 served to Care Center clientele
during the preceding month. This tally, after
verification by a designated City representative,
shall be given to the Adult Day Health Care
Administrative Director as a request for payment to
the City's nutrition program.
C. The Care Center shall pay for all meals
served to Care Center clientele 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, shall be at the suggested donation
level of one dollar and fifty cents
($1.50).
2) Except as provided above, for those
Care Center clientele not yet sixty (60)
years of age, the fee for meals received
MJD:ss
March 23, 1989
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must be calculated in accordance with
County Office on Aging's Nutrition
POlicies and Procedures Manual.
This is
subject to variance predicated on the cost
of meals. Presently, for purposes of this
agreement, the fee for a non-senior meal
has been calculated to be three dollars
and twenty cents ($3.20).
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.
F. Care Center shall allow placement of a sign
to be furnished by city with substantially the
following language in the recreation room of the
Highland Senior Center:
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.
3. Duties of City. City shall:
A. Furnish meals as required by Care Center on
the next delivery day following date of submission
MJD:ss
March 22, 1989
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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, Education an 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 fo~
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 provisions of
nutrition services under this Memorandum
of Understanding and the payments therefore
to the Adult Day Care Center and to the
Department of Aging in such form and at
such time as required by the Adult Day
Health Care Center to fulfill the
obligations for financial reporting to the
MJD:ss
March 22, 1989
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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
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. Liability 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.
B.
The insurance company name, policy
MJD:ss
March 22, 1989
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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 at 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 Activity 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.
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 By 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
MJD:ss
March 23, 1989
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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 by City. City shall hold Care Center,
its officers, directors, agents an 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 nd 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 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 judgment 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.
MJD:ss
March 23, 1989
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12.
Attorney Fees Provisions.
If any legal action or
2 arbitration is necessary to enforce or interpret the terms of
3 this agreement, the prevailing party shall be entitled to
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reasonable attorneys' fees, in addition to any other relief to
which he may be entitled.
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
Mrs. Kimiko Ford
Administrative Director
Adult Day Health Care
Center of the San
Bernardino Community
Hospital
Director of Parks, Recreation
and Community Services
547 N. Sierra Way
San Bernardino, CA 92401
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, statement or promise made
by any party which is not ccntained in this agreement shall be
binding or valid.
I I I
I I I
I I I
I I I
I I I
24 III
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27 I I I
28 MJD: ss
March 22, 1989
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1 IN WITNESS WHEREOF, the parties hereto have subscribed
2 their names the day and year first herein written above.
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4 ATTEST:
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/ City C1~rk
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9 APPROVED AS TO FORM
10 AND LEGAL CONTENT:
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JAMES F. PENMAN, City Attorney
B~~'J
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MJD:ss
March 22, 1989
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B
BY: