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HomeMy WebLinkAbout16- Parks, Recreation & Community Services CITY OF SAN BERNCRDINO REQUEST P-R COUNCIL ACTION Frain: AANPJIE F. RAMOS, DIRECTOR Subject: UNDERSTANDING BETWEEN THE MEMORANDUM THECIIA TYOFU F SAN Dept: PARKS, RECREATION & COMMUNITY SERVICES BERNARDINO AND THE ADULT DAY HEALTH CARE CENTER RELATING TO SENIOR NUTRITION Date: SEPTEMBER 28, 1993 PROGRAM MEALS. Synopsis of Previous Council action: Resolution 92-379, dated September 21 , 1992, authorizing execution of a H.O.U. with Adult Day Health Care Center relating to Senior Nutrition Meals Program. Recommended motion: Adopt Resolution. Signature Contact person: John A. Kramer Phone: 5031 Supporting data attached: Staff Report, Reso & M.O.U. Ward: N/A FUNDING REQUIREMENTS: Amount: -0- Source: (Acct No ) N/A (Acct Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERW IDINO - REQUEST F R COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE ADULT DAY HEALTH CARE CENTER RELATING TO SENIOR NUTRITION PROGRAM MEALS. 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, P.O. Box 948, 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 Adult Day Health 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 900 meals to seniors monthly. All costs are fully reimbursed through the Federal Senior Nutrition grant administered by the County, mou-jf 9/28/93 75-0264 0 j RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT 3 DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Parks, Recreation and 7 Community Services Department of the City of San Bernardino 8 is hereby authorized and directed to execute on behalf of 9 said City, a Memorandum of Understanding with Adult Day 10 Health Care Center relating to a Nutrition for Seniors 11 Program, a copy of which is attached hereto, marked Exhibit 12 "A" and incorporated herein by reference as fully as though 13 set forth at length. 14 SECTION 2 . The authorization granted hereunder 15 shall expire and be void and of no further effect if the 16 agreement is not executed by both parties and returned to 17 the Office of the City Clerk within 60 days following 18 effictive date of the resolution. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on the 22 day of 1993 , by the following vote, to 23 wit: 24 25 26 27 9/27/93 -1- 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY 2 HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. 3 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 Rachel Clark, City Clerk 13 The foregoing resolution is hereby approved this 14 day of 1993 . 15 16 17 Tom Minor, Mayor City of San Bernardino 18 Approved as to form 19 and legal content: 20 James F. Penman 21 City Attorney 22 By: 23 24 25 26 27 9/27/93 -2- 28 - Q . 1 MEMORANDUM OF UNDERSTANDING 2 (Nutrition for Seniors Program) 3 THIS MEMORANDUM OF UNDERSTANDING is made and entered 4 into this day of , 1993 , by and 5 between the City of San Bernardino, a municipal corporation 6 hereinafter referred to as "City" ' and the Adult Day Health 7 Care Center of the San Bernardino Community Hospital, 8 hereinafter referred to as "Care Center" . 9 City and Care Center agree as follows: 10 1. This Memorandum of Understanding is made with 11 reference to the following facts and objectives: 12 A. City currently operates a Nutrition for 13 Seniors Program, which program is the subject of a contract 14 between the County of San Bernardino Office of Aging and the 15 City of San Bernardino. 16 B. The parties desire to establish a delivery of 17 meals to clientele of the Care Center operating under a 18 lease arrangement with the State of California Department of 19 Health. 20 C. Term. This Memorandum of Understanding 21 shall be effective immediately, and shall continue in effect 22 for a period of one year subject to termination by either 23 party for any reason upon thirty days written notice to the 24 other party; provided, however that should County, State or 25 Federal funding for the Nutrition for Seniors Program cease 26 9/28/93 -1- 27 28 1 or decrease, City may unilaterally terminate this Memorandum 2 of Understanding forthwith upon notification to Care Center. 3 2 . Duties of Care Center. Care Center Shall: 4 A. Prepare A Daily Listing 5 1) Prepare the listing, in duplicate, and 6 shall set forth all Care Center clientele, authorized 7 volunteers and guests scheduled to receive a meal on the 8 following delivery day. All persons less than sixty (60) 9 years of age shall be so identified on said listing. 10 2) The original shall be retained by the 11 Care Center. 12 3) The duplicate copy shall be given to a 13 designated employee of the City, by 1: 00 PM of the day 14 preceding the date of delivery. 15 4) Each day before 2 : 00 PM the program 16 director of the Care Center shall contact the Perris Hill 17 Senior Center kitchen supervisor, or other designated 18 representatives of the City's nutrition program, and state 19 the anticipated number of meals required on the following 20 day. These meals will be delivered by City on the next 21 delivery day. If Friday and/or Monday is a holiday, the 22 program director of the Care Center will initiate a timely 23 contact with a supervisor of the City's nutrition program to 24 make alternative arrangements. 25 26 9/28/93 -2- 27 28 . 1 B. At the end of each month, the program director of 2 the Care Center shall tally the total number of meals 3 ordered to serve the Care Center clientele, authorized 4 volunteers and guests during the preceding month. This 5 tally, after verification by a designated City 6 representative, shall be given to the Adult Day Health Care 7 Administrative Director as a request for payment to the 8 City's nutrition program. 9 C. The Care Center shall pay for all meals ordered to 10 serve the Care Center clientele authorized volunteers and 11 guests on a monthly basis in a timely manner within 30 days 12 of receipt of the request for payment. 13 D. The fee for meals shall be in accordance with the 14 following: 15 1) Meals served to clientele of the Care Center 16 sixty (60) years and older and their spouses, and to 17 authorized volunteers sixty (60) years and older shall be at 18 the suggested donation level of one dollar seventy-five 19 cents ($1. 75) . 20 2) Except as provided above, for those Care 21 Center clientele and authorized volunteers and guests not 22 yet sixty (60) years of age, the fee for all other meals 23 received must be calculated in accordance with County Office 24 on Aging's Nutrition Policies and Procedures Manual. This 25 is subject to variance predicted on the cost of meals. 26 9/28/93 -3- 27 28 _ f 1 Presently, for purpose of this agreement, the fee for a non 2 senior meal has been calculated to be three dollars and 3 fifty cents ($3 . 50) . All changes in meal fees shall be 4 coordinated in advance of any billing month with the Care 5 Center. 6 E. Care Center shall conform to all provisions of the 7 Civil Rights Act of 1964 , as amended. 8 F. Care Center shall allow placement of a sign to be 9 furnished by City with substantially the following language: 10 TO WHOM IT MAY CONCERN 11 The Senior Citizen Nutrition Program shall not be responsible for any 12 food removed from this site by participants following the serving 13 of a regularly scheduled nutritional meal . 14 15 THE CITY OF SAN BERNARDINO 16 G. Care Center shall provide all utensils and any 17 personnel required for the service of food to its clientele. 18 3 . Duties of City. City shall : 19 A. Furnish meals as required by Care Center on 20 the next delivery day following date of verbal notification 21 and written submission of a daily listing of meals to be 22 served above. Deliveries shall not be made on weekends 23 except as indicated or on holidays on which either the Care 24 Center or the City are not open for business. 25 B. Inspection of City Records 26 1) Upon reasonable notice, the Department 27 of Aging and the Department of Health, Educational and 28 9/28/93 -4- 1 Welfare shall have the right to inspect or reproduce all 2 books and records of the City as they relate to the 3 provision of food services under the terms of this 4 memorandum of Understanding. Such books and records shall 5 be available for inspection or reproduction at all 6 reasonable times at the City for a term of at least four 7 years from the effective date of this Memorandum of 8 Understanding. 9 2) The City of San Bernardino, upon written 10 request, will furnish financial reports relating to the 11 provisions of nutrition services under this Memorandum of 12 Understanding and the payments therefore to the Adult Day 13 Care Center and to the Department of Aging in such form and 14 to fulfill the obligations for financial report to the 15 department. 16 4 . Changes. City or Care Center may request changes 17 in the scope of services of either party to be performed 18 under this Memorandum of Understanding. Said changes, 19 including an increase or decrease in the amount of delivery 20 or the days of service must be mutually agreed upon by City 21 and Care Center, and must be incorporated in written 22 amendment to this Memorandum of Understanding. 23 5. Compliance With The Law. Care Center shall 24 comply with all applicable laws, ordinances and codes of the 25 Federal, State and Local Governments, including but not 26 limited to those pertaining to the Senior Nutrition Program. 27 9/28/93 -5- 28 1 6. Liability Insurance. Care Center agrees to 2 procure and maintain in force during the term of this 3 Memorandum of Understanding, and any extension thereof, at 4 its expense, public liability insurance in companies and 5 through brokers approved by the City, adequate to protect 6 against liability for damage claims arising out of Care 7 Center's operations under this Memorandum of Understanding 8 in a minimum amount of One Million Dollars ($1, 000, 000) 9 combined single limit. Care Center shall provide to the 10 City's Risk Management Division prior to serving any meals 11 a certificate of insurance and an additional insured 12 endorsement with provides: 13 A. City of San Bernardino is an additional named 14 insured. 15 B. The insurance company name, policy number, 16 period of coverage, and amount of insurance. 17 C. That the City Clerk of the City of San 18 Bernardino must be given notice in writing at least thirty 19 days prior to cancellation, material change, or refusal to 20 renew the policy. 21 D. That Care Center's insurance will be primary 22 to any coverage the City of San Bernardino may have in 23 effect. 24 7 . Political Activity Prohibited. F u n d s , 25 materials, property or service contributed by Office on 26 Aging or City under this Memorandum of Understanding shall 27 9/28/93 -6- 28 1 not be used for any participant political activity, or to 2 further the election or defeat of any candidate for public 3 office use. 4 8 . Religious Activities Prohibited. R e l i g i o u s 5 worship, instruction or proselytization shall not be 6 instigated as part of or in connection with the performance 7 of the Memorandum of Understanding. 8 9 . Hold Harmless By Care Center. Care Center shall 9 hold City, its elective and appointive boards, commissions, 10 officers, agents and employees, harmless from any liability 11 for damage or claims for damage, including all claims for 12 personal injury, including death, claims for property damage 13 and any and all other claims for liability, which may arise 14 from the duties performed by Care Center under this 15 Memorandum of Understanding, whether such duties be by Care 16 Center, or by any one or more persons directly or indirectly 17 employed by, or acting as agent for Care Center. Care 18 Center shall defend City and its elective and appointive 19 boards, commissions, officers, agents and employees from any 20 suits or actions at law or in equity for damages caused, or 21 alleged to have been caused, by reason of any such duties. 22 10. Hold Harmless By City. City shall hold Care 23 Center, its officers, directors, agents and employees, 24 harmless from liability for damage or claims for damage, 25 including all claims for personal injury including death, 26 claims for property damage and any and all other claims for 27 9/28/93 -7- 28 I liability, which may arise from the duties performed by City 2 under this Memorandum of Understanding, whether such 3 operations be by City, or by any one or more persons 4 directly or indirectly employed by, or acting as agent for 5 the City. City shall defend Care Center and its officers, 6 directors, agents and employees from any suits or actions at 7 law or in equity for damages caused, or alleged to have been 8 caused, by reason of any such operations. 9 11. Independent Contractor Provision. This Memorandum 10 of Understanding does not constitute the hiring by either 11 party. It is the parties' intention that so far as shall be 12 in conformity with law, City will be an independent 13 contractor and not Care Center's employee. In conformity 14 therewith, City retains sole and absolute discretion and 15 judgement in the manner and means of carrying out the duties 16 of City under this agreement. Therefore, the parties hereto 17 are, and shall remain, independent contractors bound by the 18 provisions thereof. City is under the control of Care 19 Center as to the result of City's work only, and not as to 20 the manner and means by which such result is accomplished. 21 12 . Attorney Fees Provisions. If any legal action 22 or arbitration is necessary to enforce or interpret the 23 terms of this agreement, the prevailing party shall be 24 entitled to reasonable attorney's fees, in addition to any 25 other relief to which he may be entitled. 26 27 9/28/93 -8- 28 1 13 . Notices. All notices to the parties arising as a 2 result of this Memorandum of Understanding shall be in 3 writing and delivered in person or sent by certified mail, 4 postage prepaid, return receipt requested, addressed as 5 follows: 6 Care Center City 7 Mrs. Kimiko Ford Director of Parks, Recreation Administrative Director and Community Services 8 Adult Day Health Care 547 N. Sierra Way Center of the San San Bernardino, CA 92410 9 Bernardino Community Hospital 10 14 . Entire Agreement. This agreement contains the 11 entire agreement of the parties with respect to the matters 12 13 covered by this agreement, and no other agreement shall be binding or valid. 14 IN WITNESS WHEREOF, the parties hereto have subscribed 15 their names the day and year first herein written above. 16 17 ADULT DAY HEALTH CARE CITY OF SAN BERNARDINO 18 By: By: 19 Annie F. Ramos, Director Title: Parks,Recreation and 20 community services 21 22 Approved as to form and legal content: 23 James F. Penman 24 City Attorney 25 BY: / 26 9/28/93 -9- 27 reso.mou-jf 28