HomeMy WebLinkAbout21-Parks & Recreation
. CITY ~ SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
,/. ~ .
From:
ANNIE F. RAMOS, DIRECTOR
,
PARKS, RECREATION & COMMUNITY SERVICESORIGINAl
MAY 22,1997
Subject:
RESOLUTlON AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION
AND COMMUNITY SERVICES
DEPAR11IIENT TO EXECUlE AN
AGREEMENTWI1H STACEY
LUCIANO FOR THE FURNISHING OF
REGISTERED DIEll11AN SERVICES
FOR THE CITY'S SENIOR NUTRIT10N
PROGRAM.
Dept:
Date:
MAY 2 3 1997
Synopsis of Previous Council Action:
August 8, 1996 - Council approved position in concept through approval of the Senior Nutrition Program Grant.
Recommended Motion:
Adopt the Resolution.
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Signature
Contact person:
Oscar J. Perrier
Phone: 5321
Supporting data attached: Staff Report. Resolution. Aareement & Exhibit "A"
Ward:
FUNDING REQUIREMENTS:
Amount: $ 5.000
Source: CAccl. No.) 123-513-5505
Accl. Descri lion
Finance:
Res 97- /75'
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Agenda Item No.
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dietitian
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City OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING AN
AGREEMENT WITH STACEY LUCIANO
FOR THE FURNISHING OF REGISTERED
DIETITIAN SERVICES FOR THE SENIOR
NUTRITION PROGRAM.
The Senior Nutrition Program must hire a Registered Dietitian who will provide a minimum of
twenty (20) hours per month of activity to provide functions mandated by the State of California,
the progarams funding source.
The Registered Dietitian will provide the following services: menu review and approval; staff
training; nutrition evaluations activities and site monitoring.
The Senior Nutrition Program has set aside $ 5,000 per annum to compensate the mandated
Registered Dietitian.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT for Professional Services ("Agreement") is made and entered into
this 16th day of June, 1997 by and between the CITY OF SAN BERNARDINO ("City") and
Stacey Luciano, a private contractor, hereinafter referred to as "Consultant", for a period of one
year.
WHEREAS, City desires to retain Consultant for purposes of providing Registered
Dietitian services for the City of San Bernardino's Senior Nutrition Program.
WHEREAS, Consultant has represented to City that Consultant has the knowledge,
skills, resources and experience qualifying Consultant to provide the services described in
Exhibit "A" attached hereto and incorporated herein by this reference.
WHEREAS, based on the representations of Consultant, City desires to retain
Consultant's services.
1.
2.
3.
NOW THEREFORE, CITY and CONSULTANT mutually agree as follows:
CONSULTANT'S RESPONSmILITIES
City hereby retains Consultant to provide management services which shall include but
are not limited to other services described in Exhibit "A" attached hereto and
incorporated herein by this reference. Consultant hereby agrees to perform such
professional services which are referred to herein as "services" or "work" as directed by
the Director of Parks, Recreation and Community Services Department (Department
Director) .
PROHmITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The services rendered herein shall be rendered by the individual Consultant whose
experience, knowledge, capability and reputation were a substantial inducement
for City to enter into this Agreement. Consultant shall not contract with any
other entity to perform, in whole or in part, the services required hereunder
without the prior written approval of City. This Agreement shall not be assigned
or transferred by Consultant without the prior written consent of the Department
Director.
RIGHT TO AUDIT
City or any of its duly authorized representatives shall have access to the books,
documents, papers, records, excerpts and transcripts of Consultant which are pertinent
to the services rendered under this Agreement or purposes of performing an audit. All
books of accounting, records, reports and supporting detail generated in connection with
services rendered shall be retained by Consultant for five (5) years following termination
of this Agreement or for a longer period as required by law.
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4.
COMPENSATION
City shall compensate Consultant at a rate of $ 208.33 per two (2) week period for work
provided by Consultant. Total compensation paid pursuant to this Agreement shall not
exceed $ 5,000. Consultant shall submit a request for payment directly to the
Department Director on a bi-weekly basis. City shall pay Consultant within two (2)
weeks of receipt of the request in accordance with the standard accounts payable system
of City. Request shall be presented in a form acceptable to the Department Director and
shall be subject to final approval by City.
5. CONFIDENTIALITY OF REPORTS
Consultant shall keep confidential all reports, information and data received or generated
in connection with the services provided in addition to any other reports and information
City designates confidential. Such information shall not be made available to any person,
firm, corporation or entity without prior written consent of City.
6. RELEASE OF NEWS INFORMATION
No news releases including photographs, public announcements or confirmation of same
or any provision of this Agreement shall be made without prior written approval of City .
7.
CITY SUPPORT
City shall provide Consultant with plans, publications, reports, statistics, records and any
other data reasonably available to City which are pertinent to Consultant's ability to
render its services.
8. INDEPENDENT CONTRACTOR
Consultant shall perform services as an independent contractor and shall not be
considered an employee of City. This Agreement is not intended to create the
relationship of agent, servant, employee, partnership, joint venture or association
between Consultant and City.
9. INDEMNIFICATION
Consultant shall indemnify, defend and hold harmless the City from and against any and
all liability, claims or costs including attorney fees arising out of or related to the acts
or omissions of the Consultant to the extent that it is obligated to indemnify, defend and
hold harmless the employees of City .
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INSURANCE
To the extent required by law. Consultant agrees to maintain Worker's Compensation
Insurance in accordance with California Worker's Compensation laws for all workers
under its employ and any of its subcontractors or contractors.
11. COMPLIANCE WITH LAW
The parties agree to be bound by applicable federal, state and local laws pertaining to
performance of this Agreement.
12. NONDISCRIMINATION
Consultant shall not discriminate on the basis of race, color, creed, religion, natural
origin, ancestry, sex, marital stafus or disabilities in the performance of this Agreement.
13.
SEVERABILITY
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In the event that anyone or more of the sentences, clauses, paragraphs or sections
contained herein is declared invalid, void or illegal by a court of competent jurisdiction
the same shall be deemed severable from the remainder of this Agreement and shall in
no way affect, impair or invalidate any of the remaining phrases, sentences, clauses,
paragraphs or sections contained herein.
14.
OWNERSHIP OF REPORTS AND DOCUMENTS
The originals of all correspondence, documents, data, reports and other products
generated by or on behalf of City under this Agreement shall become the property of
City and shall be delivered to City upon request at any time during or following
termination of this Agreement by either party.
15. TERMINATION
This Agreement may be terminated at any time by either party by giving the other party
ten (10) days prior written notice.
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NOTICE
Notices shall be presented inperson, by Certified or Registered United States Mail with
return receipt or by overnight delivery made by a nationally recognized delivery service.
Notice presented by United States Mail shall be deemed effective the second business day
after deposit with the United States Postal Service. Nothing in this section shall be
construed to prevent giving notice by personal service or by telephonically verified actual
fax transmission which shall be deemed effective upon actual receipt of such personal
service or telephonic verification.
TO CONSULTANT:
STACEY LUCIANO
12590 REDSTONE CIRCLE
YUCAIPA, CA 92399
CITY:
CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT
547 NORTH SIERRA WAY
SAN BERNARDINO, CA 92410
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16. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto. This Agreement contains the entire understanding and
agreement of the parties and cannot be amended without the written consent of both
parties hereto.
17. AMENDMENT
This Agreement may be amended at any time by a written instrument signed by both
parties. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the remaining provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year above shown.
Approved as to fonn and
legal content:
e BY
z. 7.;i:-
AMES F. PENMAN, CITY A TIORNEY
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dictilian qreemem
TIlE CITY OF SAN BERNARDINO
BY
ANNIE F. RAMOS, DIRECTOR
PARKS, RECREATION AND
COMMUNITY SERVICES
BY
STACEY LUCIANO
CONSULTANT
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CALIFORNIA DEPARTMENT OF AGING TITLE III
PROGRAM MANUAL
PROGRAM DIETITIAN
1. This individual shall possess all of the following qualifications:
(a) Registration (RD) with the Commission on Dietetic Registration.
(b) Two years professional experience in nutrition or dietetics, preferably food service
management (administrative dietetics), geriatric nutrition or community nutrition.
Completion of one year of dietetic internship may be substituted for one year of
experience.
2. Consideration is to be give to RD-Eligible applicants when there are no RD candidates.
Continued employment would be contingent upon achievement of RD, and consultation
with the AAA and the Department.
PROGRAM DIETITIAN
A program dietitian as defmed in this section shall:
1.
Approve all menus and substitutions prior to usage; or
Establish procedures and train the nutrition service director, food service manager, and/or
kitchen manager, who in the absence of the program dietitian, can make appropriate
menu substitutions. Substitutions are to be documented and kept on me until reviewed
by the AAA dietitian or the Department.
2. Ensure food service sanitation and the practice of hygienic food handling techniques;
3 . Review and approve the content of all in-service training sessions prior to presentation.
4. Plan, approve and coordinate all nutrition information/education activities for both
congregate and home-delivered meal participants.
5. Establish food safety standards in conformity with Subsections 147.1, 147.3 and 147.7.
6. Monitor no less than quarterly food quality, food handling and sanitation practices offood
production facilities at satellite sites and for home-delivered meals.
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EXHIBIT "A"
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NUTRITION EDUCATION SERVICES FOR CONGREGATE AND HOME-DELIVERED
MEAL PARTICIPANTS
1. Each nutrition service provider shall provide nutrition education on at least a semi-annual
basis to participants in congregate and home-delivered meals programs.
It is recommended that nutrition education be provided quarterly to congregate and home-
delivered meal participants.
2. Nutrition education services shall be planned for congregate and home-delivered
participants in accordance with AAA nutrition policy.
(a) All nutrition education plans, activities and materials shall be approved by
the service provider dietitian prior to presentation.
(b) The nutrition education for congregate sites is defmed as demonstrations,
audio video-visual presentations, lectures or small group discussions.
(c) Handout material may be used as the sole nutrition education component
for the home-delivered meal participants as well as in conjunction with a
congregate nutrition education presentation.
3.
The purpose of nutrition education is to inform individuals about available facts and
information which will promote improved food selection, eating habits, nutrition and
health-related practices. These activities are designed to:
(a)
Assist older persons in obtaining the best nutritional services available
within their resources.
(b)
Aid older persons in making sound food choices consistent with The
Dietary Guidelines for Americans and the California Daily Food Guide
(found in Appendix 1), and in obtaining the best food to meet nutritional
needs for the least money.
(c)
Make older persons aware of community sponsored health programs which
encourage and promote sound nutritional habits and good health.
(d)
Assist older persons, where feasible, in the area of therapeutic diets as
required by health or social condition.
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Nutrition education services shall be provided by a dietitian or by personnel trained or
approved by the dietitian. Dietetic students, interns or technicians may provide nutrition
education under the close supervision of a qualified dietitian. Coordination with
community resources is encouraged.
NUTRITION COUNSELING FOR HOME BOUND AND CONGREGATE MEAL
PARTICIPANTS
Nutrition counseling is defmed as the provision of individual dietary evaluation and counseling
provided for specific therapeutic needs. Nutrition counseling is an appropriate nutrition service
and shall be provided when feasible. Nutrition counseling may be made either in person or by
phone. When provided, his service shall meet the following standards:
1. The program dietitian shall provide this counseling.
2. A diet order written and signed by a physician shall be on fIle.
3 . All nutrition counseling shall be documented and filed to maintain confidentiality.
Taken from:
CDA Manuel Section H
Section 145.11
Page H-12
nut. servs-u
5/22/97
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