HomeMy WebLinkAbout1987-356
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RESOLUTION NO. 87-356
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.
BE IT RESOLVED BY THE MAYOR AND CO~10N COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a Memorandum of Understanding with Adult Day Health Care Center
relating to a Nutrition for seniors program, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
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
day of October
, 1987, by the following vote,
to wit:
AYES:
Council Members
Reilly, Flores, Maudsley, ~inor,
Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, Miller
~#f,7$~~/
./ City Clerk
The foregoing resolution is hereby approved this 7d day
of
October
, 198~
rJ,~~'Jl~
Mayor of the C1ty of San Bernardino
Approved as to form and legal content:
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17 B. The parties desire to establish a delivery of
18 meals to clientele of the Care Center operating under a
19 Memorandum of Understanding at the premises of the Highland
Senior Center (Highland District Council on Aging, Inc.) wherein
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the City operates a Nutrition for Seniors site also under a
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22 Memorandum of Understanding with the Highland Senior Center.
23 2. ~. This Memorandum of Understanding shall be
24 effective immediately, and shall continue in effect for a period
25 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
28 Nutrition for Seniors Program cease or decrease, City may
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
this day of , 1987, 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 "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
Program, which program is the subject of a contract between the
County of San Bernardino Office on Aging and the City of San
Bernardino.
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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 person 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 (Saturday), packaged
appropriately for freezing at the Highland Senior Center. 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 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.
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1 C. The Care Center shall pay for all meals served to Care
2 Center clientele on a monthly basis in a timely manner within 30
3 days of receipt of the request for payment.
4 D. The fee for meals shall be in accordance with the
5 following:
6 (1) Meals served to clientele of the Care Center
7 sixty (60) years and older and their spouses, shall be at the
8 suggested donation level of one dollar and fifty cents ($1.50).
9 (2) Except as provided above, for those Care Center
10 clientele not yet sixty (60) years of age, the fee for meals
11 received must be calculated in accordance with County Office on
12 Aging's Nutrition Policies and Procedures Manual. This is
13 subject to variance predicated on the cost of meals. Presently,
14 for purposes of this agreement, the fee for a non-senior meal has
15 been calculated to be two dollars and sixty cents ($2.60). All
16 changes in meal fees shall be coordinated in advance of any
17 billing month with the Care Center.
18 E. Care Center shall conform to all provisions of
19 the Civil Rights Act of 1964, as amended.
20 F. Care Center shall allow placement of a sign to be
21 furnished by City with substantially the following language in
22 the recreation room of the Highland Senior Center.
23 III
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27 III
II
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1 TO WHOM IT MAY CONCERN
2 The Senior Citizen Nutrition Program shall
3 not be responsible for any food removed from
4 this site by participants following the
5 serving of a regularly scheduled nutritional
6 meal.
7 THE CITY OF SAN BERNARDINO
8 G. Care Center shall provide all utensils and any
9 personnel required for the service of food to its clientele.
10 3. Duties of Citv. City shall:
11 A. Furnish meals as required by Care Center on the
12 next delivery day following date of submission of a daily listing
13 of meals to be served above. Deliveries shall not be made on
14 weekends, except as indicated or on holidays on which either the
15 Care Center or the City are not open for business.
16 B. INSPECTION OF CITY RECORDS
17 1) Upon reasonable notice, the Department of Aging
18 and the Department of Health, Education and Welfare shall have
19 the right to inspect or reproduce all books and records of the
20 City as they relate to the provision of food services under the
21 terms of this Memorandum of Understanding, Such books and
22 records shall be available for inspection or reproduction at all
23 reasonable times at the City for a term of at least four years
24 from the effective date of this Memorandum of Understanding.
25 2) The City of San Bernardino, upon written request,
26 will furnish financial reports relating to the provisions of
27 nutrition services under this Memorandum of Understanding and the
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1 payments therefore to the Adult Day Care Center and to the
2 Department of Aging in such form and at such times as required by
3 the Adult Day Health Care Center to fulfill the obligations for
4 financial reporting to the department.
5 4. Chanaes. City or Care Center may request changes in
6 the scope of services of either party to be performed under this
7 Memorandum of Understanding. Said changes, including an increase
8 or decrease in the amount of delivery or the days of service must
9 be mutually agreed upon by City and Care Center, and must be
10 incorporated in a written amendment to this Memorandum of
11 Understanding.
12 5. Comoliance With the Law. Care Center shall comply with
13 all applicable laws, ordinances and codes of the Federal, State
14 and Local Governments, including but not limited to those
15 pertaining to the Senior Nutrition Program.
16 6. Liabilitv Insurance. Care Center agrees to procure and
17 maintain in force during the term of this Memorandum of
18 Understanding, and any extension thereof, at its expense, public
19 liability insurance in companies and through brokers approved by
20 the City, adequate to protect against liability for damage claims
21 arising out of Care Center's operations under this Memorandum of
22 Understanding in a minimum amount of One Million Dollars
23 (1,000,000) combined single limit. Care Center shall provide to
24 the City's Risk Management Division a certificate of insurance
25 and an additional insured endorsement which provides:
26 A. City of San Bernardino is an additional named
27 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 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 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.
8. Reliaious 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. Care Center shall hold City, its
elective and appointive boards, commission, 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 of
liability which may arise from City's operations 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. Care Center shall defend City and
its elective and appointive boards, commission, officers, agents
and employees from any suits or actions at law or in equity for
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damages caused, or alleged to have been caused, by reason of any
such operations.
10. 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
300 North aDa Street
San Bernardino, CA. 92418
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 contained in this agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names the day and year first herein written above.
CITY OF SAN BERNARDINO
ATTEST:
By:
Mayor
City Clerk
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6 Approved as to form
and legal content:
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ADULT DAY HEALTH CARE CENTER
By:
Title
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