HomeMy WebLinkAbout1986-443
1 RESOLUTION NO. 86-443
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH
3 CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a Memorandum of Understanding with Adult Day Health Care Center
9 relating to a nutrition for seniors program, a copy of which is
10 attached hereto marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
regular
meeting thereof, held on
15 the 1rn
day of
November
, 1986, by the
16 following vote, to wi t:
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AYES:
Council Members Estrada. Reillv. Hernandez.
Marksr Frazier. Strickler
NAYS:
None
ABSENT:
Conncil Member Ouiel
~~h~/~1b
/" Ci ty Clerk
1 The foregoing resolution is hereby approved this 1Ic~ day
2 of
, 1986.
November
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Approved as to form:
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8 City Aftorney
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MEMO~UM OP UNDBRS'lAND,ING . J.! . ,
(Ntltrit'fon for seafors Proqiur> , t,"
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3 THIS MIMQRANDU..O' UNDERSTAMDIBG iS,I1ade aAd entel'ed
4 this day of , 1986, 'by and between'the
,,'.c,. . -',' . ,,,.,,; "~ . .
5 City of San B.'rnardinot a mdnici:pal'corpota.tlill;fl\rei~after
6 referred to as WCity., and the Adult Day Bealth, Care Center 'of
, b',
7 the San Bernardino COlllBunityBospital, hereinafter ~,!,'.rted";.to ~s
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.Ji
.Care CenterW.
City and Care Center agree a8~follow.,-
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1. This MelIorandall of Uilder.t'.4iMi~'i*lJ."~~J.t~t::h
, .;;~:;iI~f"rt, . . ',y'
reference to the fQllowing facts .and Ol>j~~t,J,:V.'f'. ,~ ;Y;t',;.;,,:,
'4:;~'",? '<>~.. .," 7..,A....~f~ ,', . " . ~~~
A. Cit.y currently opera't.a"'.'RU~rittbif'"for sel1t~'~.',',,:
". ' . .': 'J';", '.' .~,~"l':[ " . ','l{;~';'i:f~~;~. .
progr all, which program' is thesubj ecto.t a;e.pitrafti betweell,:'~J\il)'>'
<";:-~e;1^'~"':Y ~"'. -""', .,0' .... . '. ...?'''~'4~'_'.':i/
County of San Bernardino Office '811 Agi.......>.~ ti4::~..~>~..:1~Of "si11..tf:~:i:~f<.'
Be r na rd i no. ' ~j~Sf"~~;:r;~;'~~:,;'ii~;~;;:~~{~'~~~~;;
B. The par.ties desir.e to'..tJ_l.b-".('..J;~""'it'.~;'~!0"
.. '.(' ,,"i'::' . . "~,S'~;'., .'Y::'~l;,:~{j,""
meals to Adult Day Health Care cellte~ .ClieJ1~..u.'~O_f.~!,.C~#!".'
.' . .....,~: ." . ..... ", 'L'~'<
Center operating under a M..orandum,<o~.:~ U~~ratanding,,~~t,~\,'_
~ .t-.,' ....'j ",,:"-: .
premises of the HighlaDd Senior Center (Bigbland D18tiic;:t,~:~ .
. .' .' .'.;., . .,;i. i.."~~ ,l'.,; ,>
on Aging, Inc. > whereiji,:t:tbe" City operates a Rutrition'q:fror~r""i.~~
. ':'. ".t' . ' ;)\~f,.:i/;;'
site also under a Mf!Ilorandum of~ Understanding with '~,ll~l~ BigJl!arl~~j:,:~-,
Senior Center.
2.
Duties of Care Center.
CaI'e Center shal,!;,,::"
~~-Jt.':t~~;'?J~,.. '.t",:
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Prepare a daily 'listing ~ ':..11;1 duplicate, prior. to
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11 00 ~. m. of all care:<:1t":hei' cl'ientele . ~Ch~111ed to r~.i ve a,*,,;t
meal on the next day_.: All; persoftsiese,,,.qan sixty (60) years of
'~S.'< .
8qe:\.,shall be identifi~ on said,11sti1l9.. The original shall be .'+.~
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retained by the Care Center:. The duplicate copy 'shall be given
to the Nutrition Site Coordinator, an employee of the City.
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B. Each Friday, before ~:OO p.m., ,the Program
Director of th.e Care Centersha"llcontact the Senior Center
Kitchen Supervisor, or another representative of the City's
nutrition program, and state the anticipated number of meals
required on the following Monday. These meals will be delivered
the next day (Saturday) and packaged appropriately for freezing
at the Highland Senior Center. If Priday and/or Monday is a
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holiday, the Program Director of the Care Center will initiate a
timely contact with a supervisor of the Ci~y's nutrition
to make alternative arrangements.
C. At the end of each month, the Program
the Care Center shall tally the total number of meals served
Care Center clientele. This tally, upon verification by a
designated City representative, shall be given to the Adult Da~
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Health Care Administrative Director as a request for payment t~
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the City's nutrition program.
D. The Care Center shall pay for all meals served"'~<a'i',
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Care Center clientele on a monthly basis in a timely manner
within 30 days of receipt of the request for payment.
E. The fee for meals shall be in accordance.with ~be'
following:
(1) Meals served to clientele of the Care
Center sixty (60) years and older shall be at the suggested
donation level of .,one dollar and fifty'cents ($1.50).
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(2)
Por those Care Center clientele not y~t
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sixty (60) Y'ear~ of: _ge, ~the fee 'fo.r JD.a~. re<:eived must, be '
calculated ill accoraanp~" wi,~h Cou~ty. Office ~.~ A~ing' s Nu~rltion
Policies and 'Procedures Manual.. This is subject tovatiance
5 predicated on thecost~, of meals. ,p'r.esent~~t.) tor. purpos~sof tht.s
6 agreement, the fee for a non-senior meal has been calculated to '
7 be two dolla~s and sixty cents ($2.60) . All changes in meal ':;'fees
8 shall be coordinated in advance of any billing month with the
9 Care Center.
,,:;.-,
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F. Care CenteJ: shall confo.:ra to 'al~.~toV'~stP,~.f
,'ii/',.' ~~t; "
11 the Civil Rights Act 'of 1964, as amended..
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G. Care Center shall allov,plac..etl~/of'a
furnished by City with SUbstantiallY~he,~oll~ln~I'~..i~,_nguag.'..:in
.."" :..', """',:...\:" - :':':'~'<':"_ /~_~:'~~'~'",~~;~,;~-:'~i~
the recreation roo. of the Beautiful Light' '.:r:nR'~' "
TO WHOM IT MAY CONCERR ,.....
. . . :;."~ 'A~;;.:~, (" '0
The Senior Citizen Nutrition. proor'aa:"..ll-ii',aotr;'..,
'",'- .. .;', ':' 'l". ,-,,'-..-'
be responsible for any food remov.d"cftoW."tA~..
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site by participants follo,wing, the serving ~O~~il~';'
a regularly,scheduled nutritional meal.
'1'BB CI'l'Y'OP
3. Dutt,s ~f City. City shall:
A., purnish meals in accordance with _be provisions
of paragraphs 2 A and S, above.
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B. This Memorandum of Ond.rstanding shall be
governed by and construed in accordance with all laws,
regulations, and contractual obigations incumbent upon the City
and the Care~enter.
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C. The Department of Aging and the Department of'
Health, Education 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 le,"st four years from the effective date of this
Memorandum of Understanding.
The City of San Bernardino, upon written requeat',
will furnish financial reports relating to the provisions of';>
nutrition services under this MemorandWl of Understanding
payments therefore to the Adult Day Care Center'~nd to the
Department of Aging in" such form and at sach times as requi r~d 1~~3 ,
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the Adult: Day Health Care Center to fulflll the obligatioDI'fo'~;,,:..
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financial reporting tQ the Department~
4. Changes. City or Care Center .ay request changes
the scope of services of either party to be performed under tftis
Memorandum of Understanding. Said changes, including
or decrease in the aaoQatof delivery or the days of service
be mutually agreed upon by City and Care Center, and must be
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incorporated in wri~en am~ndment to this Memorandum of
Understanding except as provided in the -Term- provision of
Memorandum of Understanding.
S. 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 Nutritioa Program.
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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 ($1,000,000) combined single limit. Care Center shall
provide to the City's Risk Management Division a certificate of
insurance and an additional insured endorsement which provides:
A. City of San Bernardino is an additional insured.
B. The insurance company name, polley number perioq
of coverage, and amount of insurance.
C. That the City Clerk of the City of San Bernardino
must be given notice in writing at least thirty days prior to .~
cancellation, material change, or refusal to renew the policy.
D. That Care Center's insurance will be primary to
any coverage the City of San Bernardino may have in effect.
7. Political Activitv Prohibited. Funds, materials,
property or service contributed by Office on Aging or City under
this Memorandum of Understanding shall not be "used for any
participant political activity, or to further the election or
defeat of any candidate for public offic,e.
8. Religious Activities, Prohibited. Religious worship,
instruction or proselytization shall not be instigated as part of
or in connection with the performance of the Memorandum of
Understanding.
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9. Hold Harmless. Care Center shall hold City, -1 ts
elective and appointive boards, commission, officers, agents and
employees, harmless from any liability for damage or claims for
damage, including all claims for personal injury, including
death, claims for property damage and any and al,l other claims or
liability which may arise from City's operations under this
Memorandum of Understanding, whether such operations be by City
or by anyone or more persons directly' or indi~ectly employed by,
or acting as agent for, City. Care Cellter shall Qefe,nd Cfty and'
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its elective and- appointive boards, cODdDission", officers, agents
11 and employees from anY~,8uft$ or _c:"'~on., ~t:,'~~vp.r in equity for
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12 damages caused, or alleged to have been caused, by reason of any
13 such operations.
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10. ~. This Memorandum of ,onder8tandll'Jfg':,~al-1 ~e
15 effective immediately, with provision of meals havi~g-' already,"
16 started, and shall continue in effect for apetf:Qd one J4larr
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17 subject to termination by either party for any reason,.upon
18 days' written notice to the other party, prov~ded~.~hoW&1ier ~h~'
19 should county, state or federal funding for !theNut~ition for
20 Seniors Program cease or decrease, City may unilaterally
21 terminate this Memorandum of Understanding f.ortbwith upon
22 notification to Care Center.
23 11. Notices. All notices to the parties arising a~ a
24 result of this Memorandum of Understanding shall be in'writing
25 and delivered in person or sent by certified mail, postage
26 prepaid, return receipt requested, addressed as.-follows:
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CARE CENTER
CITY
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Mrs. Kimiko Ford
Administrative Director
Adult Day Health Care
Center of the San
Bernardino Community
Hospital
IN WITNESS WHEREOF, the partles hereto have ~ubscribed
Director of Parks, Recreation
& Community Servioes, '"
300 North wDw Street
San Bernardino, CA 92418
7 ATTEST:
8 By
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12 By
City Clerk
Mayor
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ADULT DAY HEALTH CARt CBR'rER,
13 Title
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14 Approved as to form:
16 City Attorney
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