HomeMy WebLinkAbout16- Parks, Recreation & Community Services CITY OF SAN BERNCRDINO REQUEST P-R COUNCIL ACTION
Frain: AANPJIE F. RAMOS, DIRECTOR Subject: UNDERSTANDING BETWEEN THE MEMORANDUM
THECIIA
TYOFU F
SAN
Dept: PARKS, RECREATION & COMMUNITY SERVICES BERNARDINO AND THE ADULT DAY HEALTH CARE
CENTER RELATING TO SENIOR NUTRITION
Date: SEPTEMBER 28, 1993 PROGRAM MEALS.
Synopsis of Previous Council action:
Resolution 92-379, dated September 21 , 1992, authorizing execution of a
H.O.U. with Adult Day Health Care Center relating to Senior Nutrition
Meals Program.
Recommended motion:
Adopt Resolution.
Signature
Contact person: John A. Kramer Phone: 5031
Supporting data attached: Staff Report, Reso & M.O.U. Ward: N/A
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct No ) N/A
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERW IDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN
BERNARDINO AND THE ADULT DAY
HEALTH CARE CENTER RELATING
TO SENIOR NUTRITION PROGRAM
MEALS.
Adult Day Health Care Center
Subject Memorandum of Understanding is required to formalize the
continued establishment of a Senior Nutrition Program feeding site
at the Adult Day Health Care Center, P.O. Box 948, Highland,
California, and to outline the responsibilities applicable to both
parties in respect to the operation of said site.
Senior Nutrition meals were first provided at Adult Day Health
Center in 1986. Meals are prepared at the Perris Hill Senior
Citizens Center and transported to the Adult Day Health Care
Center. This site provides roughly 900 meals to seniors
monthly. All costs are fully reimbursed through the Federal
Senior Nutrition grant administered by the County,
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75-0264
0
j RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT
3 DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS
PROGRAM.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Director of Parks, Recreation and
7 Community Services Department of the City of San Bernardino
8 is hereby authorized and directed to execute on behalf of
9 said City, a Memorandum of Understanding with Adult Day
10 Health Care Center relating to a Nutrition for Seniors
11 Program, a copy of which is attached hereto, marked Exhibit
12 "A" and incorporated herein by reference as fully as though
13 set forth at length.
14 SECTION 2 . The authorization granted hereunder
15 shall expire and be void and of no further effect if the
16 agreement is not executed by both parties and returned to
17 the Office of the City Clerk within 60 days following
18 effictive date of the resolution.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a meeting thereof, held on the
22 day of 1993 , by the following vote, to
23 wit:
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY
2 HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS
PROGRAM.
3
COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
4
NEGRETE
5
CURLIN
6
HERNANDEZ
7
OBERHELMAN
8
DEVLIN
9
POPE-LUDLAM
10
MILLER
11
12
Rachel Clark, City Clerk
13 The foregoing resolution is hereby approved this
14
day of 1993 .
15
16
17 Tom Minor, Mayor
City of San Bernardino
18
Approved as to form
19 and legal content:
20 James F. Penman
21 City Attorney
22 By:
23
24
25
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- Q
. 1
MEMORANDUM OF UNDERSTANDING
2
(Nutrition for Seniors Program)
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered
4 into this day of , 1993 , by and
5 between the City of San Bernardino, a municipal corporation
6 hereinafter referred to as "City" ' and the Adult Day Health
7 Care Center of the San Bernardino Community Hospital,
8 hereinafter referred to as "Care Center" .
9 City and Care Center agree as follows:
10 1. This Memorandum of Understanding is made with
11 reference to the following facts and objectives:
12 A. City currently operates a Nutrition for
13 Seniors Program, which program is the subject of a contract
14 between the County of San Bernardino Office of Aging and the
15 City of San Bernardino.
16 B. The parties desire to establish a delivery of
17 meals to clientele of the Care Center operating under a
18 lease arrangement with the State of California Department of
19 Health.
20 C. Term. This Memorandum of Understanding
21 shall be effective immediately, and shall continue in effect
22 for a period of one year subject to termination by either
23 party for any reason upon thirty days written notice to the
24 other party; provided, however that should County, State or
25 Federal funding for the Nutrition for Seniors Program cease
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1 or decrease, City may unilaterally terminate this Memorandum
2 of Understanding forthwith upon notification to Care Center.
3 2 . Duties of Care Center. Care Center Shall:
4 A. Prepare A Daily Listing
5 1) Prepare the listing, in duplicate, and
6 shall set forth all Care Center clientele, authorized
7 volunteers and guests scheduled to receive a meal on the
8 following delivery day. All persons less than sixty (60)
9 years of age shall be so identified on said listing.
10 2) The original shall be retained by the
11 Care Center.
12 3) The duplicate copy shall be given to a
13 designated employee of the City, by 1: 00 PM of the day
14 preceding the date of delivery.
15 4) Each day before 2 : 00 PM the program
16 director of the Care Center shall contact the Perris Hill
17 Senior Center kitchen supervisor, or other designated
18 representatives of the City's nutrition program, and state
19 the anticipated number of meals required on the following
20 day. These meals will be delivered by City on the next
21 delivery day. If Friday and/or Monday is a holiday, the
22 program director of the Care Center will initiate a timely
23 contact with a supervisor of the City's nutrition program to
24 make alternative arrangements.
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. 1 B. At the end of each month, the program director of
2 the Care Center shall tally the total number of meals
3 ordered to serve the Care Center clientele, authorized
4 volunteers and guests during the preceding month. This
5 tally, after verification by a designated City
6 representative, shall be given to the Adult Day Health Care
7 Administrative Director as a request for payment to the
8 City's nutrition program.
9 C. The Care Center shall pay for all meals ordered to
10 serve the Care Center clientele authorized volunteers and
11 guests on a monthly basis in a timely manner within 30 days
12 of receipt of the request for payment.
13 D. The fee for meals shall be in accordance with the
14 following:
15 1) Meals served to clientele of the Care Center
16 sixty (60) years and older and their spouses, and to
17 authorized volunteers sixty (60) years and older shall be at
18 the suggested donation level of one dollar seventy-five
19 cents ($1. 75) .
20 2) Except as provided above, for those Care
21 Center clientele and authorized volunteers and guests not
22 yet sixty (60) years of age, the fee for all other meals
23 received must be calculated in accordance with County Office
24 on Aging's Nutrition Policies and Procedures Manual. This
25 is subject to variance predicted on the cost of meals.
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1 Presently, for purpose of this agreement, the fee for a non
2 senior meal has been calculated to be three dollars and
3 fifty cents ($3 . 50) . All changes in meal fees shall be
4 coordinated in advance of any billing month with the Care
5 Center.
6 E. Care Center shall conform to all provisions of the
7 Civil Rights Act of 1964 , as amended.
8 F. Care Center shall allow placement of a sign to be
9 furnished by City with substantially the following language:
10 TO WHOM IT MAY CONCERN
11 The Senior Citizen Nutrition Program
shall not be responsible for any
12 food removed from this site by
participants following the serving
13 of a regularly scheduled nutritional
meal .
14
15 THE CITY OF SAN BERNARDINO
16 G. Care Center shall provide all utensils and any
17 personnel required for the service of food to its clientele.
18 3 . Duties of City. City shall :
19 A. Furnish meals as required by Care Center on
20 the next delivery day following date of verbal notification
21 and written submission of a daily listing of meals to be
22 served above. Deliveries shall not be made on weekends
23 except as indicated or on holidays on which either the Care
24 Center or the City are not open for business.
25 B. Inspection of City Records
26 1) Upon reasonable notice, the Department
27 of Aging and the Department of Health, Educational and
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1 Welfare shall have the right to inspect or reproduce all
2 books and records of the City as they relate to the
3 provision of food services under the terms of this
4 memorandum of Understanding. Such books and records shall
5 be available for inspection or reproduction at all
6 reasonable times at the City for a term of at least four
7 years from the effective date of this Memorandum of
8 Understanding.
9 2) The City of San Bernardino, upon written
10 request, will furnish financial reports relating to the
11 provisions of nutrition services under this Memorandum of
12 Understanding and the payments therefore to the Adult Day
13 Care Center and to the Department of Aging in such form and
14 to fulfill the obligations for financial report to the
15 department.
16 4 . Changes. City or Care Center may request changes
17 in the scope of services of either party to be performed
18 under this Memorandum of Understanding. Said changes,
19 including an increase or decrease in the amount of delivery
20 or the days of service must be mutually agreed upon by City
21 and Care Center, and must be incorporated in written
22 amendment to this Memorandum of Understanding.
23 5. Compliance With The Law. Care Center shall
24 comply with all applicable laws, ordinances and codes of the
25 Federal, State and Local Governments, including but not
26 limited to those pertaining to the Senior Nutrition Program.
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1 6. Liability Insurance. Care Center agrees to
2 procure and maintain in force during the term of this
3 Memorandum of Understanding, and any extension thereof, at
4 its expense, public liability insurance in companies and
5 through brokers approved by the City, adequate to protect
6 against liability for damage claims arising out of Care
7 Center's operations under this Memorandum of Understanding
8 in a minimum amount of One Million Dollars ($1, 000, 000)
9 combined single limit. Care Center shall provide to the
10 City's Risk Management Division prior to serving any meals
11 a certificate of insurance and an additional insured
12 endorsement with provides:
13 A. City of San Bernardino is an additional named
14 insured.
15 B. The insurance company name, policy number,
16 period of coverage, and amount of insurance.
17 C. That the City Clerk of the City of San
18 Bernardino must be given notice in writing at least thirty
19 days prior to cancellation, material change, or refusal to
20 renew the policy.
21 D. That Care Center's insurance will be primary
22 to any coverage the City of San Bernardino may have in
23 effect.
24 7 . Political Activity Prohibited. F u n d s ,
25 materials, property or service contributed by Office on
26 Aging or City under this Memorandum of Understanding shall
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1 not be used for any participant political activity, or to
2 further the election or defeat of any candidate for public
3 office use.
4 8 . Religious Activities Prohibited. R e l i g i o u s
5 worship, instruction or proselytization shall not be
6 instigated as part of or in connection with the performance
7 of the Memorandum of Understanding.
8 9 . Hold Harmless By Care Center. Care Center shall
9 hold City, its elective and appointive boards, commissions,
10 officers, agents and employees, harmless from any liability
11 for damage or claims for damage, including all claims for
12 personal injury, including death, claims for property damage
13 and any and all other claims for liability, which may arise
14 from the duties performed by Care Center under this
15 Memorandum of Understanding, whether such duties be by Care
16 Center, or by any one or more persons directly or indirectly
17 employed by, or acting as agent for Care Center. Care
18 Center shall defend City and its elective and appointive
19 boards, commissions, officers, agents and employees from any
20 suits or actions at law or in equity for damages caused, or
21 alleged to have been caused, by reason of any such duties.
22 10. Hold Harmless By City. City shall hold Care
23 Center, its officers, directors, agents and employees,
24 harmless from liability for damage or claims for damage,
25 including all claims for personal injury including death,
26 claims for property damage and any and all other claims for
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I liability, which may arise from the duties performed by City
2 under this Memorandum of Understanding, whether such
3 operations be by City, or by any one or more persons
4 directly or indirectly employed by, or acting as agent for
5 the City. City shall defend Care Center and its officers,
6 directors, agents and employees from any suits or actions at
7 law or in equity for damages caused, or alleged to have been
8 caused, by reason of any such operations.
9 11. Independent Contractor Provision. This Memorandum
10 of Understanding does not constitute the hiring by either
11 party. It is the parties' intention that so far as shall be
12 in conformity with law, City will be an independent
13 contractor and not Care Center's employee. In conformity
14 therewith, City retains sole and absolute discretion and
15 judgement in the manner and means of carrying out the duties
16 of City under this agreement. Therefore, the parties hereto
17 are, and shall remain, independent contractors bound by the
18 provisions thereof. City is under the control of Care
19 Center as to the result of City's work only, and not as to
20 the manner and means by which such result is accomplished.
21 12 . Attorney Fees Provisions. If any legal action
22 or arbitration is necessary to enforce or interpret the
23 terms of this agreement, the prevailing party shall be
24 entitled to reasonable attorney's fees, in addition to any
25 other relief to which he may be entitled.
26
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1 13 . Notices. All notices to the parties arising as a
2 result of this Memorandum of Understanding shall be in
3 writing and delivered in person or sent by certified mail,
4 postage prepaid, return receipt requested, addressed as
5 follows:
6 Care Center City
7 Mrs. Kimiko Ford Director of Parks, Recreation
Administrative Director and Community Services
8 Adult Day Health Care 547 N. Sierra Way
Center of the San San Bernardino, CA 92410
9 Bernardino Community
Hospital
10
14 . Entire Agreement. This agreement contains the
11
entire agreement of the parties with respect to the matters
12
13 covered by this agreement, and no other agreement shall be
binding or valid.
14
IN WITNESS WHEREOF, the parties hereto have subscribed
15
their names the day and year first herein written above.
16
17
ADULT DAY HEALTH CARE CITY OF SAN BERNARDINO
18
By: By:
19 Annie F. Ramos, Director
Title: Parks,Recreation and
20 community services
21
22 Approved as to form
and legal content:
23
James F. Penman
24 City Attorney
25 BY: /
26
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