HomeMy WebLinkAbout16-Parks and Recreation
CITY OF SAN BERN01DINO
- REQUEST I(JR COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR
Dept: PARKS, REC. & COMMUNITY SERVICES
Date: AUGUST 25, 1992
Subject: RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND THE ADULT DAY HEALTH CARE
CENTER RELATING TO A NUTRITION FOR SENIOR
PROGRAM
Synopsis of Previous Council action:
Resolution #91-398, dated September 16, 1991, authorizing execution of a
M.O.U. with Adult Day Health Care Center relating to Senior Nutrition
Meals Program.
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Recommended motion:
Adopt Resolution
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Signature
Contact person: John A. Kramer
Supporting data attached: Staff report & Resolution
Phone: 384-5031
Ward: N/A
FUNDING REQUIREMENTS:
Amount: !/J
Source: (Acct. No.) N/A
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item NO.Jb
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CITY OF SAN BERNOIDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
RESOLTUION AUTHORI~ING A
1lEK0lUlNDUK 01' ONDBRSTANDING
BBTWBBN TO CITY 01' SAN
BBRHARDINO AND TO ADULT DAY
CARE CBNTBR I'OR SBNIOR NUTRITION
PROGRAM MBALS.
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 East Highland, 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 Highland Senior
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 10,000 meals to seniors
annually. All costs are fully reimbursed through the Federal
Senior Nutrition grant administered by the County.
75.0264
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RESOLUTION NO.
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7 community Services Department of the City of San Bernardino
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
E EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT
AY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS
ROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and
is hereby authorized and directed to execute on behalf of
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said City, a Memorandum of Understanding with Adult Day
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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
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set forth at length.
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hereunder
SECTION 2.
The
authorization
granted
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shall expire and be void and of no further effect if the
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agreement is not executed by both parties and returned to
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the Office of the City Clerk within 60 days following
effictive date of the resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common council of the city of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to
day of
wit:
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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.
COUNCIL MEMBERS:
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ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution i~ hereby approved this
day of
, 1992.
W.R. Holcomb, Mayor
Approved as to form
and legal content:
James
City
F. Penman
ttorney i)
, e~
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MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered
into this
day of
, 1992, 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.
C.
This Memorandum of Understanding
Term.
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.
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2. Duties of Care Center. Care Center Shall:
A. Prepare A Daily Listing
1) Prepare the listing, in duplicate, and
shall set forth all Care Center clientele, authorized
volunteers and guests scheduled to receive a meal on the
following delivery day. All persons less than sixty (60)
years of age shall be so identified on said listing.
2) The original shall be retained by the
Care Center.
3) The duplicate copy shall be given to a
designated employee of the city, by 1: 00 PM of the day
preceding the date of delivery.
4) Each day before 2: 00 PM the program
director of the Care Center shall contact the perris Hill
Senior Center kitchen supervisor, or other designated
representatives of the City's nutrition program, and state
the anticipated number of meals required on the following
day. These meals will be delivered by City on the next
delivery day. If Friday and/or Monday is a holiday, the
program director of the Care Center will initiate a timely
contact with a supervisor of the City's nutrition program to
make alternative arrangements.
B. At the end of each month, the program director of
the Care Center shall tally the total number of meals
ordered to serve the Care Center clientele, authorized
volunteers and guests during the preceding month. This
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tally, after verification by a designated City
representative, shall be given to the Adult Day Health Care
Administrative Director as a request for payment to the
City's nutrition program.
C. The Care Center shall pay for all meals ordered to
serve the Care Center clientele authorized volunteers and
guests on a monthly basis in a timely manner within 30 days
of receipt of the request for payment.
D. The fee for meals shall be in accordance with the
following:
1) Meals served to clientele of the Care Center
sixty (60) years and older and their spouses, and to
authorized volunteers sixty (60) years and older shall be at
the suggested donation level of one dollar seventy-five
cents ($1. 75) .
2) Except as provided above, for those Care
Center clientele and authorized volunteers and guests not
yet sixty (60) years of age, the fee for all other meals
received must be calculated in accordance with County Office
on Aging's Nutrition Policies and Procedures Manual. This
is subj ect to variance predicted on the cost of meals.
Presently, for purpose of this agreement, the fee for a non
senior meal has been calculated to be three dollars and
fifty cents ($3.50). All changes in meal fees shall be
coordinated in advance of any billing month with the Care
Center.
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E.
Care Center shall conform 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:
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 Citv.
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, Educational 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
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1 reasonable times at the City for a term of at least four
2 years from the effective date of this Memorandum of
3 Understanding.
4 2) The City of San Bernardino, upon written
5 request, will furnish financial reports relating to the
6 provisions of nutrition services under this Memorandum of
7 Understanding and the payments therefore to the Adult Day
8 Care Center and to the Department of Aging in such form and
9 to fulfill the obligations for financial report to the
10 department.
11 4. Chanaes. City or Care Center may request changes
12 in the scope of services of either party to be performed
13 under this Memorandum of Understanding. Said changes,
14 including an increase or decrease in the amount of delivery
15 or the days of service must be mutually agreed upon by City
16 and Care Center, and must be incorporated in written
17 amendment to this Memorandum of Understanding.
18 5. Comoliance With The Law. Care Center shall
19 comply with all applicable laws, ordinances and codes of the
20 Federal, State and Local Governments, including but not
21 limited to those pertaining to the Senior Nutrition Program.
22 6. Liabilitv Insurance. Care Center agrees to
23 procure and maintain in force during the term of this
24 Memorandum of Understanding, and any extension thereof, at
25 its expense, public liability insurance in companies and
26 through brokers approved by the City, adequate to protect
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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 prior to serving any meals
a certificate of insurance and an additional insured
endorsement with 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 Activitv Prohibited. Fun d s ,
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 use.
8. Reliaious Activities Prohibited. R e 1 i g i 0 u s
worship, instruction or proselytization shall not be
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instigated as part of or in connection with the performance
of the Memorandum of Understanding.
9. Hold Harmless Bv Care Center. Care Center shall
hold City, its elective and appointive boards, commissions,
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 all other claims for liability, which may arise
from the duties performed by Care Center under this
Memorandum of Understanding, whether such duties be by Care
Center, or by anyone or more persons directly or indirectly
employed by, or acting as agent for Care Center. Care
Center shall defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any such duties.
10. Hold Harmless Bv Citv. City shall hold Care
Center, its officers, directors, agents and employees,
harmless form liability for damage or claims for damage,
including all claims for personal injury including death,
claims for property damage and any and all other claims for
liability, which may arise from the duties performed by city
under this Memorandum of Understanding, whether such
operations be by City, or by anyone or more persons
directly or indirectly employed by, or acting as agent for
the city. City shall defend Care Center and its officers,
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directors, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been
caused, by reason of any such operations.
11. Indecendent Contractor Provision. 'Ibis 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
judgement in the manner and means of carrying out the duties
of City under this agreement. Therefore, the parties hereto
are, and shall remain, independent contractors bound by the
provisions thereof. ci ty is under the control of Care
Center as to the result of City's work only, and not as to
the manner and means by which such result is accomplished.
12. Attornev 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 attorney's fees, in addition to any
other relief to which he may be entitled.
13. Notices. All notices to the parties arising as a
resul t 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:
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Care Center
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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
14. Entire Aareement.
This agreement contains the
entire agreement of the parties with respect to the matters
covered by this agreement, and no other 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:
Title:
By:
Annie F. Ramos, Director
Parks,Recreation and
Community Services
Approved as to form
and legal content:
James
City
F. Penman
ttorney
il.
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8/26/92
(RESO:m.o.u.}mc
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