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HomeMy WebLinkAbout1988-385 1 RESOLUTION NO.88-385 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEt10RANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A 3 NUTRITION FOR SENIORS PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 7 and directed to execute on behalf of said City a Memorandum of Understanding 8 with Adult Day Health Care Center relating to a Nutrition for Seniors Program, 9 a copy of which is attached hereto marked Exhibit "A" and incorporated herein 10 by reference as fully as though set forth at length. 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 12 Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of October , 1988, by the 13 following vote, to wit: 14 AYES: Council Members Estrada, Reilly, Flores, Maudsley 15 16 NAYS: None 17 ABSENT: Council Members Minor, Pope-Ludlam, Miller 18 19 ~ff4ld/~b /' City Clerk 20 21 22 / The foregoing resolution is hereby approved this ~~?~/ day of 23 October , 1988. 24 ,,/' --<:' ~~ -,' .'/' } ,,' r_ '., / // / /' " /. .~. t /' ' .,:." - ," ,-p ~)~- ",-~_.-;;-:'t (',_'-1'_"';"(./ / ;' ,C.-1.....-L-C-'. tvlyn WiYcox, Mayor City of San Bernardino 25 26 27 as to form and legal content: 28 9/7/88 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 MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of ~ 1988~ by and between the City of San Bernardino, a municipal corporation hereinafter referred to as "Cityll, 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. B. The parties desire to establish a delivery of meals to clientel of the Care Center operating under a Memorandum of Understanding at the premises of the Highland Senior Center (Highland District Council on Aging, Inc.) wherein the City operates a Nutrition for Seniors site also under a Memorandum of Understanding with the Highland Senior Center. 2. Term. This Memorandum of Understanding shall be 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. 3. Duties of Care Center. Care Center shall: A. PREPARE A DAILY LISTING 9/7/88 1 1) Prepare the listing, in duplicate, and shall set forth all 2 Care Center clientele scheduled to receive a meal on the following delivery 3 day. All personsless than sixty (60) years of age shall be so identified on 4 said listing. S 2) The original shall be retained by the Care Center. 6 3) The duplicate copy shall be given to the Nutrition Site 7 Coordinator, or other designated employee of the City, by ~:OO p.m. of the 8 day preceding the date of delivery. 9 4) Each Friday, before 1:00 p.m., the program director of the 10 Care Center shall contact the Senior Center kitchen supervisor, or other 11 designated representative of the City's nutrition program, and state the 12 anticipated number of meals required on the following Monday. These meals 13 will be delivered by City on the next delivery day. If Friday and/or ~,1onday 14 is a holiday, the program director of the Care Center will initiate a timely 15 contact with a supervisor of the City's nutrition program to make alternative 16 arrangements. 17 B. At the end of each month, the program director of the Care Center 18 shall tally the total number of meals served to Care Center clientele during 19 the preceding month. This tally, after verification by a designated City 20 representative, shall be given to the Adult Day Health Care Administrative 21 Director as a request for payment to the City's nutrition program. 22 C. The Care Center shall pay f~r all meals served to Care Center 23 clientele on a monthly basis in a timely manner within 30 days of'receipt of 24 the request for payment. 25 D. The fee for meals shall be in accordance with the following: 26 (1) Meals served to clientele of the Care Center sixty (60) years 27 and older and their spouses, shall be at the suggested donation level of one 28 dollar and fifty cents (1.50). 9/7/88 -2- 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) Except as provided above, for those Care Center clientele not yet sixty (60) years of age, the fee for meals received 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 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 9/7/88 -3- 1 Department of Health. Education and Welfare shall have the right to inspect or 2 reproduce all books and records of the City as they relate to the provision of 3 food services under the terms of this Memorandum of Understanding. Such books 4 and records shall be available for inspection or reproduction at all reasonable 5 times at the City for a term of at least four years from the effective date of 6 this Memorandum of Understanding. 7 2) The City of San Bernardino~ upon written request, will furnish 8 financial reports relating to the provisions of nutrition services under this 9 Memorandum of Understanding and the payments therefore to the Adult Day Care 10 Center and to the Department of Aging in such form and at such times as 11 required by the Adult Day Health Care Center to fulfill the obligations for 12 financial reporting to the department. 13 4. Changes. City or Care Center may request changes in the scope of 14 services of either party to be performed under this Memorandum of Understandin 15 Said changes~ including an increase or decrease in the amount of delivery or 16 the days of service must be mutually agreed upon by City and Care Center, and 17 must be incorporated in a written amendment to this Memorandum of Understandin 18 5. Compliance With the Law. Care Center shall comply with all 19 applicable laws, ordinances and codes of the Federal, State and Local 20 Governments, including but not limited to those pertaining to the Senior 21 Nutrition Program. 22 6. Liability Insurance. Care Center agrees to procure and maintain in 23 force during the term of this Memorandum of Understanding, and any extension 24 thereof, at its expense. public liability insurance in companies and through 25 brokers approved by the City, adequate to protect against liability for damage 26 claims arising out of Care Center's operations under this Memorandum of 27 Understanding in a minimum amount of One Million Dollars ($~OOO,OOO) combined 28 single limit. Care Center shall provide to the City's Risk Management 9/7/88 -4- 1 Division prior to serving any meals a certificate of insurance and an 2 additional insured endorsement which provides: 3 A. City of San Bernardino is an additional named insured. 4 B. The insurance company name, policy numbe~ period of coverage, 5 and amount of insurance. 6 C. That the City Clerk of the City of San Bernardino must be 7 given notice in writing at least thirty days prior to cancellation, material 8 change, or refusal to renew the policy. 9 D. That Care Center's insurance will be primary to any coverage 10 the City of San Bernardino may have in effect. 11 7. Political Activity Prohibited. Funds, materials, property or service 12 contributed by Office on Aging or City under this Memorandum of Understanding 13 shall not be used for any participant political activity, or to further the 14 election or defeat of any candidate for public office. 15 8. Religious Activities Prohibited. Religious worship, instruction or 16 proselytization shall not be instigated as part of or in connection with the 17 performance of the Memorandum of Understanding. 18 9. Hold Harmless. Care Center shall hold City, its elective and 19 appointive boards, commissions,officers, agents and employees, harmless fr.om 20 any liability for damage or claims for damage, including all claims for 21 personal injury, including death, claims for property damage and any and all 22 other claims of liability which may arise from City's operations under this 23 Memorandum of Understanding, whether such operations be by City or by anyone 24 or more persons directly or indirectly employed by, or acting as agent for 25 City. Care Center shall defend City and its elective and appointive boards, 26 commissions,officers, agents and employees from any suits or actions at law or 27 in equity for damages caused, or alleged to have been caused, by reason of any 28 such operations. 9/7/88 -5- 28 1 10. Notices. All notices to the parties arising as a result of this 2 Memorandum of Understanding shall be in writing and delivered in person or sent 3 by certified mail, postage prepaid, return receipt requested, addressed as 4 f 011 ows : 5 CITY CARE CENTER 6 Director of Parks, Recreation and Community Services 547 N. Sierra Way San Bernardino, CA 92401 7 Mrs. Kimiko Ford Administrative Director Adult Day Health Care Center of the San Bernardino Community Hospital ENTIRE AGREEMENT. This agreement contains the entire agreement of the 8 9 10 parties with respect to the matters covered by this-agreement, and no other 11 agreement state~ent or promise made by any party which is not contained in this 12 agreement shall be binding or valid. 13 IN WITNESS WHEREOF, the parties hereto have subscribed their names the 14 day and year first herein written above. 15 CITY OF SAN BERNARDINO 16 ATTEST: 17 By: Evlyn Wilcox, Mayor 18 City Clerk 19 20 21 ADULT DAY HEALTH CARE CENTER 22 By: 23 Title 24 Approved as to form and legal content: 25 ..1 , ," , I );p~ f .1 (]u-z- ?J' Attorney 26 27 9/7/88 -6- :),:.,.'""'f'.....~"~'1;.,.... .. '.,.....-1.._ 3 \ c: L ~ , November 9, 1988 Mr. John A. Kramer superintendent of Recreation San Bernardino City Parks, Recreation and community Services Department 547 N. Sierra Avenue San Bernardino, CA 92401 Dear John: Attached you will find the proposed alternative language for the hold harmless clause for the memorandum of understanding between the City of San Bernardino and the San Bernardino Community Hospital regarding the purchase of meals. You will see that we are proposing a mutual hold harmless provision which would cover the negligence of either the City or the Hospital to the other. In addition, we are proposing an attorney's fee clause and an independent contractor relationship clause for inclusion in the memorandum of understanding. - i I apologize for the delay. you may have. Please call me with any questions Sincerely, ~ M. Kimiko Ford Director, Senior Care Development "ProvidIng Excellence In Health Care" TIle Sen Bernardino Community Hospllei . TIle Fontene Medical Cenler · Peclllc Perk Convetescent Hospltel Inland Counties Resource Center. Inland Center for Behavioral Medicine · Adult Day Health Care Center ....tlnn.! In-Home Health Care Agency , HOLD HARMLESS BY CARE CENTER. Care Center shall hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liabili ty 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 liabili'ty, which may arise from the duties oerformed 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. HOLD HARMLESS BY CITY. City shall hold Care Center, its officers, directors, 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 liabili ty, which may arise from the duties oerformed bv City under this Memorandum of Understanding, whether such operations be by Ci ty, or by anyone or more persons directly or indirectly employed by,. or acting as agent for Ci ty. Ci ty 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. 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 conformi ty wi th law, Ci ty 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 carryiFl~ out the duties of. Ci ty o-'-nder .this agreement. Therefore, the parties hereto are, and shall remain, independent contractors bound by the provisions thereof. Ci ty 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. ATTORNEY FEES PROVISIONS: If any legal action or arbitration is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be enti tIed to reasonable attorneys' fees, in addition to any other relief to which he may be. entitled.