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CITY OF SAN BERNShDINO - REQUEST ,0,. COUNCIL ACTION
From: Annie F. Ramos, Director Subject:RESOLUTlON AUTHORIZING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF SAN
Dept: Parks, Recreation & Community Services BERNARDINO AND THE ADULT DAY HEALTH CARE
CENTER FOR SENIOR NUTRITION PROGRAM MEALS.
Date: August 26, 1991
Synopsis of Previous Council action:
Council has authorized execution of M.O.U. with Adult Day Health Care Center
relating to Senior Nutrition since 1986.
Recommended motion:
Adopt Resolution.
Ii: ~.~
Signa ure
Contact person: John A. Kramer
Supporting data attached: Staff REport and Reso 1 ut ion
Phone:
5031
N/A
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Source: (Acct. No.) N/A
(Acct. DescriPtion)
Finance:
Council Notes:
Aoenda Item No.
Ib
CITY OF SAN BERN~DINO - REQUEST FO COUNCIL ACTION
. .
RESOLUTION AUTHORIZING A STAFF REPORT
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO
AND THE ADULT DAY HEALTH CARE CENTER
FOR SENIOR NUTRITION PROGRAM MEALS.
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 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 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 $1.75 per senior
meal and $3.50 per non-senior meal.
(STAFFRE:ADLTDAY)
8/26/91
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY
HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS
PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and
Community Services Department 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.
SECTION 2. The authorization granted hereunder shall
expire and be void and of no further effect if the agreement
is not executed by both parties and returned to the Office of
the city Clerk within 60 days following effective date of the
resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
, 1991, by the following
the day of
vote, to wit:
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THE CITY OF SAN BERNARDINO AUTHORIZING THE
A MMORANDUM OF UNDERSTANDING WITH ADULT DAY
CENTER RELATING TO A NUTRITION FOR SENIORS
RESOLUTION OF
EXECUTION OF
HEALTH CARE
PROGRAM.
ABSENT
ABSTAIN
NAYS
~
COUNCIL MEMBERS:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
city Clerk
The foregoing resolution is hereby approved this
, 1991.
day of
W. R. Holcomb, Mayor
Approved as to form
and legal content:
James F. Pelillian
City^Attorney
By: Lk~,:> 1- I~
/)
8/21/91
(RESO:ADULTDAY)
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1 MEMORANDUM OF UNDERSTANDING
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(Nutrition for Seniors program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered
into this
day of
, 1991, 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 of Aging and
the City of San Bernardino.
B.
The parties desire to establish a delivery of
meals to clientele of the Care Center operating under a lease
arrangement with the state of California Department of
Health.
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
Understanding forthwith upon notification to Care Center.
of
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1 3. Duties of Care Center. Care center shall:
2 A. Prepare A Daily Listing
3 1) Prepare the listing, in duplicate, and
4 shall set forth all Care Center clientele, authorized
5 volunteers and guests scheduled to receive a meal on the
6 following delivery day. All persons less than sixty (60)
7 years of age shall be so identified on said listing.
8 2) The original shall be retained by the
9 Care Center.
10 3) The duplicate copy shall be given to a
11 designated employee of the city, by 1:00 PM of the day
12 preceding the date of delivery.
13 4) Each day before 2:00 PM, the program
14 director of the Care Center shall contact the perris Hill
15 senior Center kitchen supervisor, or other designated
16 representative of the City's nutrition program, and state the
17 anticipated number of meals required on the fOllowing day.
18 These meals will be delivered by City on the next delivery
19 day. If Friday and/or Monday is a holiday, the program
20 director of the Care Center will initiate a timely contact
21 with a supervisor of the city's nutrition program to make
22 alternative arrangements.
23 B. At the end of each month, the program
24 director of the Care Center shall tally the total number of
25 meals ordered to serve the Care Center clientele, authorized
26 volunteers and guests during the preceding month. This
27 tally, after verification by a designated City
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1 representative, shall be given to the Adult Day Health Care
2 Administrative Director as a request for payment to the
3 City's nutrition program.
4 C. The Care Center shall pay for all meals
5 ordered to serve the Care Center clientele authorized
6 volunteers and guests on a monthly basis in a timely manner
7 within 30 days of receipt of the request for payment.
8 D. The fee for meals shall be in accordance with
9 the following:
10 1) Meals served to clientele of the Care
11 Center sixty (60) years and older and their spouses, and to
12 authorized volunteers sixty (60) years and older shall be at
13 the suggested donation level of one dollar seventy-five cents
14 ($1.75).
15 2) Except as provided above, for those Care
16 Center clientele and authorized volunteers and guests not yet
17 sixty (60) year of age, the fee for all other meals received
18 must be calculated in accordance with county Office on
19 Aging's Nutrition Policies and Procedures Manual. This is
20 subject to variance predicated on the cost of meals.
21 Presently, for purposes of this agreement, the fee for a non
22 senior meal has been calculated to be three dollars and fifty
23 cents ($3.50). All changes in meal fees shall be coordinated
24 in advance of any billing month with the Care Center.
25 E. Care Center shall conform to all provisions
26 of the Civil Rights Act of 1964, as amended.
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F.
Care Center shall allow placement of a sign
to be furnished by city with substantially the following
language:
TO waOM 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 verbal notification
and written 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 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 Understnding.
Such books and records shall be available for inspection or
reproduction at all reasonable times at the city for a term
of at least four years from the effective date of this
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1 Memorandum of Understanding.
2 2) The city of San Bernardino, upon written
3 request, will furnish financial reports relating to the
4 provisions of .putrition services under this Memorandum of
5 Understanding and the payments therefore to the Adult Day
6 Care Center and to the Department of Aging in such form and
7 at such time as required by the Adult Day Health Care Center
8 to fulfill the obligations for financial report to the
9 department.
10 4. Chanqes. city or Care Center may request changes
11 in the scope of services of either party to be performed
12 under this Memorandum of Understanding. Said changes,
13 including an increase or decrease in the amount of delivery
14 or the days of service must be mutually agreed upon by city
15 and Care Center, and must be incorporated in written
16 amendment to this Memorandum of Understanding.
17 5. Compliance with Th~ Law. Care Center shall
18 comply with all applicable laws, ordinances and codes of the
19 Federal, State and Local Governments, including but not
20 limited to those pertaining to the Senior Nutrition Program.
21 6. Liabilitv Insurance. Care Center agrees to
22 procure and maintain in force during the term of this
23 Memorandum of Understanding, and any extension thereof, at
24 its expense, public liability insurance in companies and
25 through brokers approved by the city, adequate to protect
26 against liability for damage claims arising out of Care
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Center's operations under this Memorandum of Understanding in
a minimum amount of One Million Dollars ($1,000,000) combined
single limit. Care Center shall provide to the City's Risk
Management Div~$ion prior to serving any meals a certificate
~
of insurance and an additional insured endorsement which
provides:
A.
city of
San Bernardino is an additional
named insured.
B. The insurance company name, policy number,
period 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 Activity 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 office.
8. Reliqious 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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1 9. Hold Harmless By Care Center. Care Center shall
2 hold City, its elective and appointive boards, commissions,
3 officers, agents and employees, harmless from any liability
4 for damage or claims for damage, including all claims for
5 personal injury, including death, claims for property damage
6 and any and all other claims for liability, which may arise
7 from the duties performed by Care Center under this
8 Memorandum of Understanding, whether such duties be by Care
9 Center, or by anyone or more persons directly or indirectly
10 employed by, or acting as agent for Care Center. Care Center
11 shall defend City and its elective and appointive boards,
12 commissions, officers, agents and employees from any suits or
13 actions at law or in equity for damages caused, or alleged to
14 have been caused, by reason of any such duties.
15 10. Hold Harmless By City. City shall hold Care
16 center, its officers, directors, agents and employees,
17 harmless from any liability for damage or claims for damage,
18 including all claims for personal injury including death,
19 claims for property damage and any and all other claims for
20 liability, which may arise from the duties performed by City
21 under this Memorandum of Understanding, whether such
22 operations be by City, or by anyone or more persons directly
23 or indirectly employed by, or acting as agent for City. city
24 shall defend Care Center and its officers, directors, agents
25 and employees from any suits or actions at law or in equity
26 for damages caused, or alleged to have been caused, by reason
27 of any such operations.
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11. 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 conformity with law, City 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 carrying out the duties
8 of City under this agreement. Therefore, the parties hereto
9 are, and shall remain, independent contractors bound by the
10 provisions thereof. City is under the control of Care Center
11 as to the result of city's work only, and not as to the
12 manner and means by which such result is accomplished.
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12. 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 entitled to
reasonable attorneys' fees, in addition to any other relief
to which he may be entitled.
13. Notices.
All notices to the parties arising as a
result of this Memorandum of Understanding shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as
follows:
CARE CENTER
CITY
Mrs. Kimiko Ford
Administrative Director
Adult Day Health Care
Center of the San
Bernardino Community
Hospital
Director of Parks, Recreation
and Community Services
547 N. Sierra Way
San Bernardino, CA 92410
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14. Entire Aqreement.
This agreement contains the
entire agreement of the parties with respect to the matters
covered by this agreement, and no other agreement, statement
or promise made" by any party which is not contained in this
agreement shall be binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names the day and year first herein written above.
ADULT DAY HEALTH CARE
CITY OF SAN BERNARDINO
By:
By:
Annie F. Ramos
Director, Parks, Recreation
and Community Services
Title:
Approved as to form
and legal content:
James F. Penman
city Attorney
BY:>~"'" 1
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