HomeMy WebLinkAbout27-Parks and Recreation
Cll OF SAN BERNARDI~ ) - REQUE TFOR COUNCIL ACT )N
From: Annie F. Ramos, Director
Dept: Parks, Recreation & Community Services
6i18(D~-AQMlI.TQJffAUTHORIZING A MEMORANDUM OF
UNDERST~NDING BETWEEN THE CITY OF SAN
19:8 SEt' ~N"D~018ND THE ADULT DAY HEALTH CARE
CENTER FOR SENIOR NUTRITION PROGRAM MEALS.
Date: September 14, 1988
Synopsis of Previous Council action:
Resolution #86-443, dated November 3, 1986, authorized an agreement with the Adult
Day Health Care Center relating to the continuance of a Senior Nutrition Program
at the Highland Senior Citizens Center.
Resolution #87-356, dated 11/7/87, renewed the original agreement.
Recommended motion:
Adopt Resolution.
a:~ ~~ -it~
Ignature
Contlct perlon: John A. Kramer
Supporting data attached: Staff Report and Resol ution
Phone: 384-5031
Ward:
N/A
FUNDING REOUIREMENTS:
Amount: -0-
Source: (ACCT. NO.) N/A
(ACCT. DESCRIPTION)
Finance:
Council Notel:
Agenda Item No. .
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,...",..,
CI' ~ OF SAN BERNARDI' ~ - REQUE Y FOR COUNCIL ACT 'N
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RESOLUTION AUTHORIZING A MEMORANDU~1 STAFF REPORT
OF UNDERSTANDING BETWEEN THE CITY OF
SAN BERNARDINO AND THE ADULT DAY HEALTH
CARE CENTER FOR SENIOR
NUTRITION PROGRAM MEALS.
Highland'Senior Center
Subject Memorandum of Understanding is required to formalize the continued estab-
lishment of a Senior Nutrition Program feeding site at the Adult Day Health Care
Center of the San Bernardino Community Hospital, 3102 East Highland, Highland,
California, and to outline the responsibilities applicable to both parties in
respect to the operation of said site.
This program is operated in conjunction with the Highland Senior Center's Nutri-
tion Program. This is a contracted program serving special needs patients of
the San Bernardino Community Hospital's CARE Program. Contracted meals are.
provided at a fee of $1.50 per senior meal and $3.20 per non-senior meal.
September 14, 1988
75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
ME~~RANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A
3 NUTRITION FOR SENIORS PROGRAM.
4 BE IT RESOLVED BY THE ~1A YOR AND Cot"'~ON COUtlC I L OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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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
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meeting thereof, held on the
following vote, to wit:
AYES: Council Members
day of
, 1988, by the
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NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day of
, 1988.
Evlyn Wilcox, May-or
City of San Bernardino
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Approved as to form and legal content:
L 71rh~
~ Attornly
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ME~10RANDUM 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 "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.
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
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1 1) Prepare the listing, in duplicate, and shall set forth a.l
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.
5 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 del ivered by Ci ty on the next del ivery day. If Fri day and/or ~,10nday
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 for 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).
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(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 confonm 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 foi business
B. INSPECTION OF CITY RECORDS
1) Upon reasonable notice, the Department of Aging and the
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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.
72) 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 ($1000~OOO) combined
28 single limit. Care Center shall provide to the City's Risk Management
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1 Division prior to serving any meals a cert,ficate 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. pol icy number, peri od 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.
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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.
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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.
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9. Hold Harmless. Care Center shall hold City, its elective and
19 appointive boards, commissions,officers, agents and employees, harmless from
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
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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 0 11 ows :
5 CARE CENTER
CITY
Director of Parks, Recreation
and Community Services
547 N. Sierra Way
San Bernardino, CA 92401
6 Mrs. Kimi ko Ford
Administrative Director
7 Adult Day Health Care
Center of the San Bernardino
8 Community Hospital
9 ENTIRE AGREEMENT. This agreement contains the entire agreement of the
10 parties with respect to the matters covered by this agreement, and no other
11 agreement statement 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.
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CITY OF SAN BERNARDINO
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ATTEST:
By:
Evlyn Wilcox, Mayor
City Clerk
ADULT DAY HEALTH CARE CENTER
By:
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Title
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Approved as to form and legal content:
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),p~ I.; (JUt-
zY Attorney
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