HomeMy WebLinkAbout29-Parks and Recreation
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Dept: Parks, Recreation &
Community Services Dept.
O R I^" , iA L
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Date: June 5, 2001
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR
OF THE CITY OF SAN BERNARDINO OR HER
DESIGNEE TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY
OF SAN BERNARDINO AND THE
COMMUNITY ADULT DAY CARE OF SAN
BERNARDINO RELATING TO SENIOR
NUTRITION PROGRAM MEALS.
MICC Meeting Date: June 18, 2001
From: Annie F. Ramos, Director
Synopsis of Previous Council Action:
On October 7, 1998 Council approved Resolution 98-276 authorizing the execution of a
Memorandum of Understanding with Community Adult Day Care related to Senior
Nutrition Program meals.
Recommended Motion:
Adopt Resolution
a1fAi ~. :!Ca~
Signature
Contact person: .Inhn A KramAr
phnnA' 3R4_'i031
Supporting data attached Staff Report, Reso., & contract Ward:
City-wide
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Ar.d np.!'lr.riptinn)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to execute a Memorandum of Understanding between the City of San Bernardino
and the Community Adult Day Care of San Bernardino relating to Senior Nutrition Program
meals.
Back\!round:
The Adult Day Care Program, located on Patton property, has contracted with the City Nutrition
Program for 15 years prior to Fiscal 99-2000. Due to federal guidelines the Adult Day Care was
forced to seek other meal service provision during fiscal year 2000-01. However, the federal
guidelines have now been reinterpreted to allow the City and Day Care to continue its long
relationship. This Memorandum of Understanding effectiye July 1, 2001 to June 30, 2002 will
provide an ayerage of 40 meals per day or over 9,700 meals through the life of the contract.
Meals will be proyided at a market price of $3.75 per meal. This agreement has full approval of
the County of San Bernardino Aging and Adult Services Department, with whom the City
contracts for the Senior Nutrition Program.
Financial Impact:
Revenue to the City's Nutrition Program from the Adult Day Care Program during FY
2001/2002 is estimated at $37,350. This amount will completely cover the cost of meals
proyided, as well as contributing to the City's Senior Nutrition Program operational costs.
Recommendation:
Adopt Resolution,
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND THE COMMUNITY ADULT DAY CARE OF SAN
BERNARDINO RELATING TO SENIOR NUTRITION PROGRAM MEALS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
authorized and directed to execute on behalf of said City. a Memorandum of Understanding
with Community Adult Day Care of San Bernardino 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 City
Clerk within 60 days following effective date of the resolution,
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RESOLl1T10N OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY"OF SAN BERNARDINO OR HER DESIGNEE TO EXECl1TE
A MEMORANDUM OF l1NDERSTANDlNG BETWEEN THE CITY OF SAN
BERNARDINO AND THE COMMUNITY ADULT DAY CARE OF SAN
BERNARDINO RELATING TO SENIOR NUTRITION PROGRAM MEALS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a
meeting thereof, held on the
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.2001. by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
McGINNIS
SCHNETZ
SUAREZ
DEAN-ANDERSON
McCAMMACK
City Clerk
, 200 I.
day of
The foregoing resolution is hereby approved this
Judith Valles. Mayor
City of San Bernardino
Approved as to
Form and legal content:
25 JAMES F. PENMAN.
City Attorney
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day of
MEMORANDUM OF UNDERSTANDING
(Nutrition for Seniors Program)
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
, 2001. by and between the City of San Bernardino, a municipal
corporation hereinafter referred to as "City" and the Community Adult Day Care of San
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Bernardino 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
City of San Bernardino.
B. The parties desire to establish sales and delivery of meals to the Care Center
operating under a lease arrangement with the State of California Department of
Health.
C. Term, This Memorandum of Understanding shall be effective immediately
upon the date set forth above. and shall continue in effect for a period of three
years subject to termination by either party for any reason upon thirty days
written notice to the 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.
2, Duties of Care Center. Care Center shall:
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A. Prepare a Daily Listing
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Prepare this listing, III 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.
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The original shall be retained by the Care Center.
3.
The duplicate copy shall be given to a designated employee of the City,
by I :00 PM of the day preceding the date of delivery.
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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
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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 tally. after verification
by a designated City representative, shall be given to the Community Adult Day
Care of San Bernardino Administrative Director as a request for payment tot he
City's nutrition program,
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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.
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D. The fee for meals shall be in accordance with the following:
1.
The cost of all meals ordered to serve at the Care Center shall be Three
Dollars and Seventy-five Cents (53,75).
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 nutrition 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 ofCitv.
City s.hall:
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.
Inspections of City Records
I.
Upon reasonable notice, the Department of Aging and Adult
Services 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
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the temlS of this Memorandum of Understanding, Such books
and records shall be available for inspection or reproduction at all
reasonable times at the City for a ternl of at least four years from
the effective date of this Memorandum of Understanding.
2.
The City of San Bernardino, upon written request. will furnish
financial reports relating to the providing of nutrition services
under this Memorandum of Understanding and the payments
therefore obtained from Community Adult Day Care of San
Bernardino and the Department of Aging and Adult Services in
such fornl as to fulfill the obligations for financial reporting to
the department.
4.
Changes.
City or Care Center may request changes in the scope of services
of either party to be performed under this Memorandum of Understanding. Said
changes, including an increase or decrease in the amount of delivery or the days of
ser,ice must be mutually agreed upon by City and Care Center, and must be
incorporated in written amendment to this Memorandum of Understanding,
5.
Compliance with The La\\'. Care Center shall comply with all applicable laws,
ordinances and codes of the Federal, State and Local Governments, including but not
limited to those pertaining to the Senior Nutrition Program,
6,
liabilitv Insurance. Care Center agrees to procure and maintain III force
during the tenn of this Memorandum of Understanding, and any extension thereof, at its
expense, public liability insurance in companies and through brokers approved by the
City, adequate to protect against liability for damage claims arising out of Care Center's
operations under this Memorandum of Understanding in a minimum amount of One
i\lillion Dollars ($ 1,000,000) combined single limit. Care Center shall provide to the
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City's Human Resources Department, prior to servmg any meals, a certificate of
insuranc~ and an additional insured endorsement which provid~s:
..\, 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 a 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. Funds. materials, property or service contributed
by Oftice 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 oftice us~,
8.
Religious 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.
9.
Hold Harmless Bv Care Center.
Care Center shall hold City, its elective
and appointive boards, commissions, ofticers, 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,
\\'hich may arise from the duties performed by Care Center under this Memorandum of
l'nderstanding. whether such duties be by Care Center, or by anyone or more persons
dir~ctly or indirectly employed by, or acting as agent for Care Center. Care Center shall
dd~nd City and its elective and appointiw boards, commission, ofticers, agents, and
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employees from any suits or actions at law or in equity for damages caused, or alleged
to haye been caused. by reason of any such duties.
10.
Hold Harmless Bv City.
City shall hold Care Center. its officers. directors,
agents. and employees, harmless from Liability for damage or claims for damage,
including all claims for personal injury including death. claims for property damage and
any an 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, 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.
II. 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 the 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. City 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. Attorney Fees Provisions. If any legal action is necessary to enforce or interpret
the terms of this agreement, the prevailing party shall be entitled to the reasonable
attorney's fees. in addition to any other relief to which he/she may be entitled, The
costs, salary, and expenses of the City Attorney and members of his offic.e in enforcing
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this contract on behalf of the City shall be considered as "attorney's fees" for the
purpoSe of this paragraph.
13.
\iotices,
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
,.....dult Day Care
P.O, Box 387
Patton, CA 92369
Parks, Rec, & Com, Svs. Dept.
547 N, Sierra Way
San Bernardino, CA 92410
Entire Agreement.
14.
This agreement contains the entire agreement of the
parties \\'ith respect to the matters covered by this agreement, and no other agreement
shall be binding or yalid,
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
16 year first herein written aboye,
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COMMLJl\ITY ADULT DAY
CARE OF SA:\' BERNARDINO
CITY OF SAN BERNARDINO
By:
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Judith Valles, Mayor
City of San Bernardino
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Approyed as to form
And legal content:
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James F. Penman
City Attorney
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. GITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR
OF THE CITY OF SAN BERNARDINO OR HER
DESIGNEE TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY
OF SAN BERNARDINO AND THE
COMMUNITY ADULT DAY CARE OF SAN
BERNARDINO RELATING TO SENIOR
NUTRITION PROGRAM MEALS.
MICC Meeting Date: June 18, 2001
From: Annie F. Ramos, Director
Dept: Parks, Recreation &
Community Services Dept.
Date: June 5, 2001
Synopsis of Previous Council Action:
On October 7, 1998 Council approved Resolution 98.276 authorizing the execution of a
Memorandum of Understanding with Community Adult Day Care related to Senior
Nutrition Program meals,
Recommended Motion:
Adopt Resolution
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Signature
Contact person: .Inhn A Kramer
Phnne' 384-5031
Supporting data attached Staff Report, Reso" & contract Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
Source: (Accl. No,)
{Ar.r.t np.!';r.rirtinn\
Finance:
Council Notes:
Agenda Item No,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to execute a Memorandum of Understanding between the City of San Bernardino
and the Community Adult Day Care of San Bernardino relating to Senior Nutrition Program
meals,
Back!!:round:
The Adult Day Care Program, located on Patton property, has contracted with the City Nutrition
Program for IS years prior to Fiscal 99-2000. Due to federal guidelines the Adult Day Care was
forced to seek other meal service provision during fiscal year 2000-0 I. However, the federal
guidelines have now been reinterpreted to allow the City and Day Care to continue its long
relationship. This Memorandum of Understanding effective July I, 2001 to June 30, 2002 will
provide an average of 40 meals per day or over 9,700 meals through the life of the contract.
Meals will be pro\'ided at a market price of$3.75 per meal. This agreement has full approval of
the County of San Bernardino Aging and Adult Services Department, with whom the City
contracts for the Senior Nutrition Program.
Financial Impact:
This Memorandum of Understanding will assist the city's nutrition program in its efforts to
continue to serve lo\\'-income minority communities in the city, by providing $37,350 in
additional income to the city's nutrition program,
Recommendation:
Adopt Resolution.
. . .
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 22, 2001
TO:
Oscar J. Perrier, Senior Recreation Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-198
At the Mayor and Common Council meeting of June 18, 2001, the City of San Bernardino
adopted Resolution 2001-198 - Resolution authorizing the Mayor or her designee to execute a
Memorandum of Understanding between the City of San Bernardino and the Community Adult
Day Care of San Bernardino relating to Senior Nutrition Program meals.
Enclosed is one (I) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office as soon as possible, to my attention,
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by August 17, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: 9 OJ Ac~A.rJ o~
/; / / Please sign and return
Date: [/ V /7.. 7.,/ tJ I
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CITY CLERK'S OFFICE
RACHEL G. CLARK, CM.C. - CrrY CLERK
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P.O. Box 1318 . San Bernardino' CA 92402
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002' Fax: 909.384.5158
Business Registration Division: 909.384,5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
July 6, 2001
Linda McDonald
Adult Day Care
P,O, Box 387
Patton, CA 92369
Dear Ms, McDonald,
Enclosed is a certified copy of City of San Bernardino Resolution 2001-198, along with the
Memorandum of Understanding between the City of San Bernardino and the Community Adult
Day Care of San Bernardino relating to Senior Nutrition Program meals, I am forwarding this
agreement to you for your files,
If you have any questions, please call me at (909)384-5002.
Sincerely,
(/ i/. ,/ '
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Michelle Taylor
Senior Secretary
( ,_c i,~_
Enclosure
cc: Oscar J, Perrier, Senior Recreation Supervisor
CITY OF SAN BERNARDINO
Anol'TEP SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
2CX)\-'9~
Meeting Date (Date Adopted): & - \ 't -CJ \ Item # 29 Resolution #
Vote: Ayes (-I Nays G- Abstain G-
Change to motion to amend original documents:
Absent -G-
See Attached: /Date Returned: '1- (.,-0 \
See Attached:
See Attached:
Reso, # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST. RECORD W/COUNTY
(p, Z.CYO\
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Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
b, L?-<> \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585.12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985. 8234, 655, 92-389):
Copies Distrihuted to:
City Attorney
Parks & Rec.
,/
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Police
Code Compliance
Dev, Services
Public Services
Water
Notes:
NulllVoid After: ("C DA]S J '6'-11-0 I
By: -
Reso. Log Updated:
Seal Impressed:
,/
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Yes / No By
-
Yes No ~ By
Yes No ;/ By
Yes No ;/ By
Yes No-r B
EDA
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: .-ill:L
Date: 1-(" --01
Revised 01/12/0 I