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HomeMy WebLinkAbout33-Parks and Recreation CILY OF SAN BERNAR~O - REQUMT FOR COUNcu,4lCioN From: Annie F. Ramos, Director Subject: Reso 1 ut i on authori zing a Memorandum of Understanding between the City of San Bernardino and the San Bernardino Com- munity Hospital for Senior Nutrition Program meal,s. I Dept: Parks, Recreation & Corrmunity Services Date: August 19, 1987 Synopsis of Previous Council action: Resolution #86-134, dated April II, 1986, authorized an agreement with the County of San Bernardino relating to the continuance of a Senior Nutrition Program at the Highland Senior Citizens Center. Resolution #86-443, dated 11/3/86, renewed the original agreement. Recommended moti.on: Adopt Resolution. ti.:.;., ],. ~"_- Signat e Contact person: John A. Kramer Phone: 384-5031 N/A Supporting data attached: N/A Ward: FUNDING REQUIREMENTS: Amount: -0- Source: N/A Finance: Council Notes: 75-0262 Agenda Item No. ~:;. . CIt,.'Y OF SAN BERNAR~O - REQUOT FOR COUNCIL AC-,ON Resolution authorizing a Memorandum of Understanding between the City of San STAFF REPORT Bernardino and the San Bernardino Community Hospital for Senior Nutrition Program meals. Page 2 Community Hospital Subject Memorandum of Understanding formalized the continued administration, health, and liability requirements necessary for the City, through the Senior Citizens Service Center kitchen, to furnish Senior Nutrition Program meals to the Community Hospital's Adult Day Health Care Program located at the Highland Senior Center, 3102 East Highland, Highland, California. August 19, 1987 75-0264 /' \.~, "'" J 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 SENIO)RS PROGRAM; BE IT RESOLVED BY THE MAYOR AND CO~10N CPUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor 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 aealth Care Center relating to a Nutrition for seniors program, a co~y of which is attached hereto marked Exhibit "A" and incorpprated herein by , reference as fully as though set forth at length. 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 the day of , 1987, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1987. 28 Mayor of the City of San Bernardino Approved as to form and legal content: cf&~~ Cl/?4/R7 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /"'>", V '\ ,. " '..;_,,i MEMORANDUM OF UNDERSTANDING (Nutrition for Seniors Program) I THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 1987, 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 on 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 Memorandum of Understanding at the premises of the Highland Senior Center (Highland District Council on Aging, Inc.) wherein the City operates a Nutrition for Seniors site also under a Memorandum of Understanding with the Highland Senior Center. 2. ~. This Memorandum of Understanding shall be effective immediately, and shall continue in effect for a period one year subject to termination by either party for any reason upon thirty days' written notice to the other partY7 provided, however that should County, State or Federal funding for the Nutrition for Seniors Program cease or decrease, City may C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "......, ........ ....;1 unilaterally terminate this Memorandum of Understanding forthwith upon notification to Care Center. 3. 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 scheduled to receive a meal on the following delivery day. All person 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 the Nutrition Site Coordinator, or other designated employee of the City, by 1:00 p.m. of the day preceding the date of delivery. 4) Each Friday, before 1:00 p.m., the program director of the Care Center shall contact the Senior Center kitchen supervisor, or other designated representative of the City's nutrition program, and state the anticipated number of meals required on the following Monday. These meals will be delivered by City on the next delivery day (Saturday), packaged appropriately for freezing at the Highland Senior Center. 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 served to Care Center clientele during the preceding month. This 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. 2 "--''''"' -..., \ ",_...I '-' ....,,/ C. The Care Center shall pay for all meals served to Care Center clientele 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, shall be at the suggested donation level of one dollar and fifty cents ($1.50). (2) Except as provided above, for those Care Center clientele not yet sixty (60) years of age, the fee for meals received must be calculated in accordance with County Office on Aging's Nutrition Policies and Procedures Manual. This is sUbject to variance predicated on the cost of meals. Presently, for purposes of this agreement, the fee for a non-senior meal has been calculated to be two dollars and sixty cents ($2.60). All changes in meal fees shall be coordinated in advance of any billing month with the Care Center. 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 in the recreation room of the Highland Senior Center. , II! III III III III . . I, III 3 - C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1""....... V ,",_,.I - .I 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 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 Oepartment 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 Understanding, 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 Memorandum of Understanding. 2) The City of San Bernardino, upon written request, will furnish financial reports relating to the provisions of nutrition services under this Memorandum of Understanding and the 4 c """' ."-01 ~ .",..1 "".,1 1 payments therefore to the Adult Day Care Center and to the 2 Department of Aging in such form and at such times as required by 3 the Adult Day Health Care Center to fulfill the obligations for 4 financial reporting to the department. 5 4. .Chanaes. City or Care Center may request changes in 6 the scope of services of either party to be performed under this 7 Memorandum of Understanding. Said changes, including an increase 8 or decrease in the amount of delivery or the days of service must 9 be mutually agreed upon by City and Care Center, and must be 10 incorporated in a written amendment to this Memorandum of 11 Understanding. 12 5. Com~liance with the Law. Care Center shall comply with 13 all applicable laws, ordinances and codes of the Federal, State 14 and Local Governments, including but not limited to those 15 pertaining to the Senior Nutrition Program. 16 6. Liabi1itv Insurance. Care Center agrees to procure and 17 maintain in force during the term of this Memorandum of 18 Understanding, and any extension thereof, at its expense, public 19 liability insurance in companies and through brokers approved by 20 the City, adequate to protect against liability for damage claims 21 arising out of Care Center's operations under this Memorandum of 22 Understanding in a minimum amount of One Million Dollars 23 (1,000,000) combined single limit. Care Center shall provide to 24 the City's Risk Management Division a certificate of insurance 25 and an additional insured endorsement which provides: 26 A. City of San Bernardino is an additional named 27 insured. 28 5 \0...- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f'-". , ,,I '-' 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. 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. Re1iaious Activities Prohibited. Religious worship, instruction or prose1ytization shall not be instigated as part of or in connection with the performance of the Memorandum of Understanding. 9. Hold Harmless. Care Center shall hold City, its elective and appointive boards, commission, 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 of liability which may arise from City's operations 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 City. Care Center shall defend City and its elective and appointive boards, commission, officers, agents and employees from any suits or actions at law or in equity for 6 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /'" ,""d,,\ ,,) 'oj '-' damages caused, or alleged to have been caused, by reason of any such operations. 10. 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 <;:r TY Mrs. Kimiko Ford Administrative Director Adult Day Health Care Center of the San Bernardino Community Hospital Director of Parks, Recreation and Community Services 300 North wDw Street San Bernardino, CA. 92418 ENTIRE AGREEMENT. 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. CITY OF SAN BERNARDINO ATTEST: By: Mayor City Clerk 7 c '-. 1 2 3 4 5 6 Approved as to form and legal content: 7 8 If: /~ 9 ~~ttor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-.., .,/ ) ADULT DAY HEALTH CARE CENTER By: Title 8