HomeMy WebLinkAbout28- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: RESOLUTION AUTHORIZING A
From: ANNIE F. RAMOS, DIRECTOR MEMORANDUM OF UNDERSTANDING
Dept: PARKS, RECREATION & COMMUNITY SERVICES BETWEEN THE CITY OF SAN
BERNARDINO AND THE COMMUNITY
Date: SEPTEMBER 21, 1998 ORIGINAL BERNARDINO RELATING TO SENIOR
NUTRITION PROGRAM MEALS.
Synopsis of Previous Council Action:
The City Council has approved similar M.O.U's with Community Hospital's Adult
Day Care facility at Patton properties for over ten (10) years previously. SEP 2 4, 7998
Recommended Motion:
Adopt the Resolution.
Signature
Contact person: John A. Kramer Phone: 5031
Supporting data attached: Staff Report, Resolution, MOU Ward: N/A
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No. �0
COUNCIL ACTION
Senior Nutr/Adult Day Care
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING 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.
Background
The City Council has authorized Memorandums of Understanding with Community Adult Day Care of San
Bernardino relating to a Nutrition for Seniors program the past ten years. The Adult Day Care program is
affiliated with Community Hospital of San Bernardino. The Perris Hill Senior Center kitchen prepares meals
daily for the Adult Day Care. They are delivered by the city's Nutrition Program to the Adult Day Care Center
located on Patton state properties. Meals are prepared on a mutually agreed upon schedule (see holiday/closure
schedule).
Adult Day Care places an order by giving an anticipated number of meals required on the following day. Meals
are served to clientele of the Day Care Center, those 60 years and older, their spouses, and to authorized
volunteers 60 years and older. Community Adult Day Care reimburses the Senior Nutrition Program at the rate
of$2.00 per meal. For those Adult Day Care Center clientele and authorized volunteers and guests not yet 60
years of age, the reimbursement is $3.75.
City Holiday
September 7, 1998 December 25, 1998 May 26, 1999
November 11, 1998 December 31, 1998 July 2, 1999
November 26, 1998 January 1, 1999 September 1, 1999
December 24, 1998 January 20, 1999 November 11, 1999
Day Care Closure Dates
September 28 and 29, 1999
Financial Impact
The Senior Nutrition Program provides 90,000 meals to seniors annually. This valuable service to our senior
population is funded by federal dollars through the Older Americans Act and administered by the County's
Department of Aging and Adult Services. All program services are funded through grants, at no cost to the City
of San Bernardino. The city provides in excess of$99,000 in non-monetary, in-kind contributions to the Senior
Nutrition Program.
Recommendation
Adopt the resolution that the City of San Bernardino authorize the execution of a Memorandum of
Understanding with Community Adult Day Care of San Bernardino related to a Nutrition for Seniors Program.
STAFF REPORT
Senior Nutr/Adult Day Care
tj g
COPY
1
RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNRDINO AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH
4 COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO A
NUTRITION FOR SENIORS PROGRAM.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS :
7 SECTION 1 . The Director of Parks, Recreation and
8 Community Services Department of the. City of San Bernardino
9 is hereby authorized and directed to execute on behalf of
10 said City, a Memorandum of Understanding with Community
11 Adult Day Care of San Bernardino relating to a Nutrition
12 for Seniors Program, a copy of which is attached hereto,
13 marked Exhibit "A" and incorporated herein by reference as
14 fully as though set forth at length.
15 SECTION 2 . The authorization granted hereunder
16 shall expire and be void and of no further effect if the
17 agreement is not executed by both parties and returned to
18 the Office of the City Clerk within 60 days following
19 effective date of the resolution.
20
21
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25 RESOLUTION
Senior Nutr/Adult Day Care
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH COMMUNITY
ADULT DAY CARE OF SAN BERNARDINO.
3
I HEREBY CERTIFY that the foregoing resolution was
4
duly adopted by the Mayor and Common Council of the City of
5
San Bernardino at a meeting thereof, held
6
on the day of 1998, by the following
7
vote, to wit :
8
COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
LIEN
11
ARIAS
12
SCHNETZ
13
DEVLIN
14
DEAN-ANDERSON
15
MILLER
16
17
Rachel Clark, City Clerk
18 The foregoing resolution is hereby approved this
19
day of 1998 •
20
21
Judith Valles, Mayor
22 City of San Bernardino
Approved as to form
23 and legal content :
24 James F. Penman
City ttorney
25 By
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27 or Nutr/Adult Day Care(tjg)
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98-276
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2
MEMORANDUM OF UNDERSTANDING
3 (Nutrition for Seniors Program)
4 THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
5 /4t day of C, 1998 , by and between the City of San
6 Bernardino, a municipal corporation hereinafter referred to as
7 "City" and the Community Adult Day Care of San Bernardino
8 hereinafter referred to as "Care Center. "
9 City and Care Center agree as follows :
10 1 . This Memorandum of Understanding is made with reference
11 to the following facts and objectives :
12 A. City currently operates a Nutrition for Seniors
13 Program, which program is the subject of a contract between the
14 County of San Bernardino Office of Aging and the City of San
15 Bernardino .
16 B . The parties desire to establish sales and delivery
17 of meals to the Care Center operating under a lease arrangement
13 with the State of California Department of Health.
19 C. Term. This Memorandum of Understanding shall be
20 effective immediately, and shall continue in effect for a period of
21 three years subject to termination by either party for any reason
22 upon thirty days written notice to the other party; provided,
23 however that should County, State or Federal funding for the
24 Nutrition for Seniors Program cease or decrease, City may
25 unilaterally terminate this Memorandum of Understanding forthwith
26 upon notification to Care Center.
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98-276
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2 . Duties of Care Center. Care Center shall :
3
A. Prepare a Daily Listing
4
1) Prepare this listing, in duplicate, and stall
5
set forth all Care Center clientele, authorized volunteers and
6
guests scheduled to receive a meal on the following delivery day.
7
All persons less than sixty (60) years of age shall be so
8
identified on said listing.
9
2) The original shall be retained by the Care
10 Center.
11
3) The duplicate copy shall be given tc a
12 designated employee of the City, by 1 : 00 PM of the day preceding
13
the date of delivery.
14
4) Each day before 2 : 00 PM the program directc= of
15 the Care Center shall contact the Perris Hill Senior Center kitczen
16 supervisor, or other designated representatives of the cry' s
17
nutrition program, and state the anticipated number of meals
18 required on the following day. These meals will be delivered by
19
City on the next delivery day. If Friday and/or Monday is a
20 holiday, the program director of the Care Center will initiate a
21 timely contact with a supervisor of the City' s nutrition program to
22 make alternative arrangements .
23
3 . At the end of each month, the program director of
24
the Care Center shall tally the total number of meals ordered to
25 serve the Care Center clientele, authorized volunteers and guests
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98-276
1
2 during the preceding month. This tally, after verification by a
3 designated City representative, shall be given to the
4 Administrative Director of the Care Center as a request for payment
5 to the City' s nutrition program.
6 C. The Care Center shall pay for all meals ordered to
7 serve the Care Center clientele, authorized volunteers and guests
8 on a monthly basis in a timely manner within 30 days of receipt of
9 the request for payment .
10 D . The fee for meals shall be in accordance with the
11 following:
12 1) The cost of all meals ordered to serve at the
13 Care Center shall be Two Dollars ($2 . 00) .
14 E. Care Center shall conform to all provisions of the
15 Civil Rights Act of 1964 , as amended.
16 F . Care Center shall allow placement of a sign tc be
17 furnished by City with substantially the following language :
18 TO WHOM IT MAY CONCERN
19 The Senior Citizen Nutrition Program
20 shall not be responsible for any food
removed from this site by participants
21 following the serving of a regularly
scheduled nutrition meal .
22 THE CITY OF SAN BERNARDINO
23 G. Care Center shall provide all utensils and any
24 personnel required for the service of food to its clientele.
25 ///
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3 . Duties of Citv. City shall :
3
A. Furnish meals as required by Care Center on the next
4
delivery day following date of verbal notification and written
5
submission of a daily listing of meals to be served above .
6
Deliveries shall not be made on weekends except as indicated or on
7
holidays on which either the Care Center or the City are not open
8
for business .
9
B. Inspection of City Records
10
1) Upon reasonable notice, the Department of Aging
11 and Adult Services and the Department of Health, Education and
12
Welfare shall have the right to inspect or reproduce all books and
13
records of the City as they relate to the provision of food
14 services under the terms of this Memorandum of Understanding. Such
15
books and records shall be available for inspection or reproduction
16 at all reasonable times at the City for a term of at least four
17 years from the effective date of this Memorandum of Understanding.
18
2) The City, upon written request , will furnish
19 financial reports relating to the providing of nutrition services
20 under this Memorandum of Understanding and the payments therefore
21
obtained from Care Center and the Department of Aging and Adult
22
Services in such form as to fulfill the obligations for financial
23 reporting to the department .
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2 4 . Chancres . City or Care Center may request changes in the
3 scope of services of either party to be performed under this
4 Memorandum of Understanding. Said changes, including an increase
5 or decrease in the amount of delivery, the days of service or the
6 cost of meals must be mutually agreed upon by City and Care Center,
7 and must be incorporated in written amendment to this Memorandum of
8 Understanding.
9 5 . Compliance With The Law. Care Center shall comply with
10 all applicable laws, ordinances and codes of the Federal , State and
11 Local Governments, including but not limited to those pertaining to
12 the Senior Nutrition Program.
13 6 . Liability Insurance . Care Center agrees to procure
14 and maintain in force during the term of this Memorandum of
15 Understanding, and any extension thereof, at its expense, public
16 liability insurance in companies and through brokers approved by
17 the City, adequate to protect against liability for damage claims
18 arising out of Care Center' s operations under this Memorandum of
19 Understanding in a minimum amount of One Million Dollars
20 $1, 000 , 000) combined single limit . Care Center shall provide to
21 the City' s Risk Management Division prior to serving any meals a
22 certificate of insurance and an additional insured endorsement
23 which provides :
24 A. City of San Bernardino is an additional named
25 insured.
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B . The insurance company name, policy number, period of
3
coverage, and amount of insurance .
4
C. That the City Clerk of the City of San Bernardino
5 must be given notice in writing a least thirty days prior to
6 cancellation, material change, or refusal to renew the policy.
7 D. That Care Center' s insurance will be primary to any
8
coverage the City of San Bernardino may have in effect .
9 7 . Political Activity Prohibited. Funds, materials,
10 property or service contributed by Office on Aging or City under
11 this Memorandum of Understanding shall not be used for any
12 participant political activity, or to further the election or
13
defeat of any candidate for public office use .
14
8 . Religious Activities Prohibited. Religious worship,
15 instruction or proselytization shall not be instigated as part of
16 or in connection with the performance of the Memorandum of
17 Understanding.
18 9 . Hold Harmless By Care Center. Care Center shall hold
19 City, its elective and appointive boards, commissions, officers,
20 agents and employees, harmless from any liability for damage or
21 claims for damage, including all claims for personal injury,
22 including death, claims for property damage and any and all other
23 claims for liability, which may arise from the duties performed by
24 Care Center under this Memorandum of Understanding, whether such
25 duties be by Care Center, or by any one or more persons directly or
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indirectly employed by, or acting as agent for Care Center. Care
3
Center shall defend City and its elective and appointive boards,
4 commissions, officers, agents and employees from any suits or
5 actions at law or in equity for damages caused, or alleged to have
6
been caused, by reason of any such duties .
7 10 . Hold Harmless By City. City shall hold Care Center, its
8
officers, directors, agents and employees, harmless from Liability
9
for damage or claims for damage, including all claims for personal
10 injury including death, claims for property damage and any and all
11
other claims for liability, which may arise from the duties
12 performed by City under this Memorandum of Understanding, whether
13 such operations be by City, or by any one or more persons directly
14 or indirectly employed by, or acting as agent for the City. City
15 shall defend Care Center and its officers, directors, agents and
16 employees from any suits or actions at law or in equity for damages
17 caused, or alleged to have been caused, by reason of any such
18 operations .
19 11 . Independent Contractor Provision. This Memorandum of
20 Understanding does not constitute the hiring by either party. It
21 is the parties' intention that so far as shall be in conformity
22 with the law, City will be an independent contractor and not Care
23 Center' s employee . In conformity therewith, City retains sole and
24 absolute discretion and judgement in the manner and means of
25 carrying out the duties of City under this agreement . Therefore,
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98-276
1 the parties hereto are, and shall remain, independent contractors
2 bound by the provisions thereof .
3 12 . Attorney Fees Provisions . If any legal action is
4 necessary to enforce or interpret the terms of this agreement , the
5 prevailing party shall be entitled to the reasonable attorney' s
6 fees, in addition to any other relief to which it may be entitled.
7 The costs, salary and expenses of the City Attorney and members of
8 his office in enforcing this contract on behalf of the City shall
9 be considered as "attorney' s fees" for the purposes of this
10 paragraph.
11 13 . Notices . All notices to the parties arising as a result
12 of this Memorandum of Understanding shall be in writing and
13 delivered in person or sent by certified mail , postage prepaid,
14 return receipt requested, addressed as follows :
15 Care Center Citv
16 Mrs . Kimiko Ford Director of Parks, Recreation
Administrative Director and Community Services
17 Community Adult Day 547 North Sierra Way
Care of San Bernardino San Bernardino, CA 92410-4816
18 P .O. Box 948
Highland, CA 92346
19
20 14 . Entire Agreement . This agreement contains the entire
21 agreement of the parties with respect to the matters covered by
22 this agreement, and no other agreement shall be binding or valid.
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98-276
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IN WITNESS WHEREOF, the parties hereto have subscribed their
3 names the day and year first herein written above .
4
5 COMMUNITY ADULT DAY
CARE OF SAN BERNARDINO CITY OF SAN BERNARDINO
6
7 BY: By:
Annie F. Ramos, Director
8 Title : Parks, Recreation and
Community Services
9
10 Approved as to form
and legal content :
11 James F. Penman
12 City Attorney
13 -7
By:
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MOU
Senior Nutr/adult Day Care
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