HomeMy WebLinkAbout20- Parks, Recreation & Community Services CITY OF SAN 'BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: RESOLUTION OF THE CITY OF SAN
From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZJNG THE
DIRECTOR OF PARKS, RECREATION
Dept: PARKS, RECREATION & COMMUNITY AND COMMUNITY SERVICES
SERVICES DEPARTMENT TO EXECUTE AN
Date: SEPTEMBER 2, 1998 AGREEMENT WITH THE CENTER OF
HEALTH RESOURCES PURCHASE
CONNECTION, GROUP PURCHASING,
ORIGINAL DIETARY PROGRAM FOR RAW FOOD
PRODUCTS FOR THE CITY'S SENIOR
NUTRITION PROGRAM.
Synopsis of Previous Council Action:
Similar agreements have been in effect since July 1986.
Mayor and Council last approved a Purchase Connection Agreement on June 4, 1997, Resolution # 97-166.
Recommended Motion:
Adopt Resolution.
Signature
Contact person: John Kramer Phone: 5031
Supporting data attached: Staff Report, Reso & Agreement Ward: City-wide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) No City Funds Involved
(Acct Description)
Finance:
Council Notes:
J�
Agenda Item No. � 11
9/2/98 amt
CITY OF SAN BERNARDINO - REGIUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING THE DIRECTOR OF
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO EXECUTE AN AGREEMENT WITH
THE CENTER OF HEALTH RESOURCES PURCHASE
CONNECTION, GROUP PURCHASING, DIETARY
PROGRAM FOR RAW FOOD PRODUCTS FOR THE
CITY'S SENIOR NUTRITION PROGRAM.
BACKGROUND:
The City of San Bernardino Senior Nutrition Program and the Center of Health Resources
Purchase Connection Group Purchasing Dietary Program, wishes to continue their association
by renewing the 1997-98 agreement.
The Senior Nutrition Program's use of the Purchase Connection essentially serves as a buying
"Co-op" and provides substantial savings both in direct food purchases as well as staff time.
Municipal Code Section 3.04.010 Sub-Paragraph B.3 authorizes this type of purchase agreement
with Council's approval.
FINANCIAL IMPACT:
The Senior Nutrition Program spends eighty percent (80%) of its annual budget of $ 130,000
with those vendors who are members of the Purchase Connection.
Purchase Connection rebates two percent (2%) of the gross purchase cost to the City's Nutrition
Program. Through the Purchase Connection rebates, and discounts significant savings are
realized annually through utilization of those vendors recommended by the Purchase Connection.
Eliminating the Purchase Connection would result in a significant increase in staff time allotted
to raw food purchasing, with no increase in savings.
RECOMMENDATION:
To approve a Resolution executing an agreement with the Center of Health Resources Purchase
Connection Group purchasing, dietary program for raw food products for the City's Senior
Nutrition Program.
9/02/98 amt
row co m cniou
1 RESOLUTION NO.
2 RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE
3 CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP
PURCHASING, DIETARY" PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S
4 SENIOR NUTRITION PROGRAM.
S BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7 SECTION I. The Director of Parks, Recreation and Community Services is hereby
8 authorized and directed to execute on behalf of said City a one-year extension of the COHRLPurchase
9 Connection Participation Agreement for 1977 to cover the fiscal year of 1998-99 with the Center of
10 Health Resources Purchase Connection, Group Purchasing, Dietary Program relating to the reduced
I 1 purchasing price of raw food products for the City's Senior Nutrition Program. A copy of said
12 Extension Agreement is attached hereto. marked Exhibit "A" and incorporated herein by reference
13 as fully as though set forth at length.
14 SECTION 2. The authorization granted hereunder shall expire and be void and of no &irther
15 effect if the agreement is not executed by both parties and returned to the office of the City Clerk
16 within 60 days following the effective date of the resolution.
17 I HEREBY CERTIFY that the foregoing resolutiorn.was duh adopted by the flavor and
18 Common Council of the City of San Bernardino at a meeting thereof, held on the
19 day of 1998 by the following vote to wit:
20 //
21 //
22
23
24
25 /
26
• 27
D
1 se•r« ,� r 17. 1,,,,S
I RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS,RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE
2 CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP
PURCHASING,DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S
3 SENIOR NUTRITION PROGRAM.
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 DEAN-ANDERSON
11 MILLER
12
13
Rachel Clerk, City Clerk
•
14
15 The foregoing resolution is hereby approved this_day of , 1998.
16
17 Judith Valles, Mayor
City of San Bernardino
18
Approved as to form
19 and legal content:
20 James F. Penman
City Attorney
21
22 By: 1 B �
23
24
25
26 purchase connection grp-u
• 27 9/02/98
28
2 Sepmmber 17. 1998
• r
CITY/O'V S'AN ,BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RINI) PROGRAM
DATE: September 23, 1998
TO: Tom Boggs, Administrative Operations Supervisor H
FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE: Transmittal for signature— Res 98-268 Documents
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached are the following:
One (1) original agreement authorizing an agreement with the Center of Health Resources
Purchase Connection for raw food products.
Please obtain signatures as needed.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days— November 20, 1998.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller 0
I hereby acknowledge receipt of the abo ,Aent*oned documents.
Signed:
Date:
RC:ma �)
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: September 23, 1998
TO Tom Boggs, Administrative Operations Supervisor II
FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE: Transmittal for signature—Res 98-268 Documents
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached are the following:
One (1) original agreement authorizing an agreement with the Center of Health Resources
Purchase Connection for raw food products.
Please obtain signatures as needed.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days— November 20, 1998.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
RC:mam
98-268
C O H R
[3130
September 16, 1998
Michael Miller
City Of San Bernardino
600 West 5" Street
San Bernardino, CA 92410-4816
Dear Michael:
This is a letter of documentation to extend your COHR/Purchase Connection Participation
Agreement for 1997 to cover the fiscal year of 1998-99. The 1997 agreement will be extended
without change per attached copy at your request.
Sincerely,
Betty Ruffalo
Regional Manager
Purchase Connection® 21540 Plummer Street, Chatsworth, CA 91311-4103
(818) 773-2647 (8 00) 950-2647 (818) 341 -9820 fax NASDAQ: CHRI -
•���YA RDYf'i- - -
an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
September 25, 1998
Betty Ruffalo
Regional Manager
COHR, Inc.
Purchase Connection
21540 Plummer Street
Chatsworth, CA 91311-4103
Dear tits. Ruffalo:
At the Mayor and Common Council meeting of September 21, 1998, Resolution 98-268
was adopted.
Enclosed is one (1) original agreement. Please obtain signatures where indicated and
return the (1) original agreement to my attention as soon as possible.
Please be advised that said resolution will be null and void if it is not executed within
sixty (60) days — November 20, 1998.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
mam
Enclosure
P . O . B O X 1 1 8 , S A N B E R N A R D I N O C A 9 2 4 0 2
0 0 N 0 R T H O S T R E E T S A N B E R N A R D I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 2 8 8 - S 0 0 2
1 9 0 9 ) 2 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 0 8 4 . 5 1 5 9
T 0 0 1 T T Y - ( 9 0 9 ) 0 8 4 - 5 5 8 0
98-268 rJ
CO H R _
13130 By1e s� CGS
COHR Inc.
PURCHASE CONNECTION
PARTICIPATION AGREEMENT
AND WARRANTY OF RESPONSIBH.ITY
(LONG TERM CARE)
THIS AGREEMENT [Wade on �v20 — , 199j?is between COHR Inc. (hereinafter 'CORR" or "COHR
Inc."), a Delaware Corporation, having its principal place of business at 201 North Figueroa�Street,
4th Floor, Los Angeles, California, 90012-2623, and -f-(q J+ Sr n �Jt%r G rdi n
(hereinafter "Participating Member' or "Member")whose prmc4ppal place of business is located at
WHEREBY the Participating Member desires to enter into this Agreement for the purpose of participating in COHR-
Inc. negotiated group purchasing agreements involving the purchase of health care supplies and equipment solely for
its 'own use."
WHEREFORE the Participating Member specifically agrees to abide by and be obligated under the following terms
and conditions set forth below:
1. ACCESS TO GROUP PURCHASING AGREEMENTS
Provided there has been no expiration, termination or other violation or breach of this Agreement, the Participating
Member shall be entitled to purchase health care supplies- and equipment under the explicit terms and conditions
contained in the various COHR-Inc. negotiated group purchasing agreements. Such purchases shall include product
under r P�.!ACY DIETARY T Product lines.
��
[I. PROGRAM PARTICIPATION FEES 6- X1 to ll1h148
As consideration for access to COHR negotiated group purchasing agreements, the Participating Member agrees to
pay to COHR a program participation fee as set forth in the attached schedule.
Q1. SUPPORT OF PROGRAMS
The Participating Member understands, acknowledges and specifically agrees to use its very best efforts to
exclusively support all COHR-Inc. negotiated group purchasing agreements offered to member facilities at the
established compliance factor of 60%. The sole allowable exception being in product areas where COHR-Inc. does
not currently possess a negotiated group purchasing agreement.
I
Purchase Conneetion° 2154� Plummer Street. Chat,%% orrh. CA 91311 -4103
tjt � 1 -. 73 -'047 t2.'il 950-2647 1510) !41 -9S'O I.is NASDAQ: CHRI
' Its-Lbii
IV. VENDOR CONI UTMENT LETTERS
By virtue of section [[I above, the Participating Member, as a condition of membership, shall agree to execute any
appropriate "vendor commitmem letters/agreements" as may be required by certain individual vendors, suppliers or
wholesalers that have negotiated group purchasing agreements with COHR-Inc. It is further understood that in
delivering any such commitment letters or agreements, COHR is simply providing a service for the mutual benefit of
the Participating Member and the respective vendor, wholesaler or supplier to facilitue the utilization of the group
purchasing agreement(s). Any such "vendor commitment letters/agreements' so executed shall be subject to all other
terms and conditions of this Agreement.
V. POLICY CHANGES
The Participating Member acknowledges that policies governing COHR's operation of the programs that the
Participating Member has access to may change from time to time. The Participating Member therefore agrees to be
bound by and will adopt and conform to any such policy modifications after notice of same has been delivered to the
Member by COHR.
VI. TERNI
The term of this agreement shall extend from the date that the Participating Member is granted membership to the
COHR-Inc. programs of negotiated group purchasing agreements, to the end of COHR's fiscal year. This Agreement
will be automatically renewed for a twelve (12)month period unless earlier terminated by either party pursuant to
section VIII below.
VD. PUBLICATION
COHR will supply, free of charge, one (1) complete set of Agreement binders (microfiche or paper media versions).
POWER CONNECTION is available with the necessary formats and hardware information described in the
supplemental agreement attached. If replacement of the above information media becomes necessary, there will be a
catalogue production fee charged. The amount of this fee will be dependent upon what documentation requires
replacement. Said fee can be itemized upon request.
VIII. CANCELLATION AND TERNQNATION
COHR-Inc. reserves the right to cancel and terminate the rights of a Participating Member tinder this Agreement as
follows:
A) Immediately upon notice pursuant to section X below; or
B) Within thirty (30)days written notice to the Participating Member; or
C) For violations of section XXII confidentiality provisions; or
D) For failure to adhere to section XXV provisions.
E) For failure to adhere to compliance agreement.
The Participating Member may cancel and terminate its rights tinder this Agreement upon thirty (30)days written
notice to COHR-Inc. In the event the Participating Member elects to terminate as provided for above, no monies
previously paid to COHR will be refunded if the Agreement term has three (3)months or less remaining and all
currently outstanding invoices due COHR-Inc. will immediately become due and payable.
2
ytl-268
a. INDEMNIFICATION
By its continued participation in the COHR-Inc. programs, the Participating Member hereby expressly agrees to
indemnify and hold-harmless COHR-Inc. against any and all claims,judgments. costs, expenses or other losses
arising out of any conduct relating to the use of or tinder the authority of COHR-Inc. negotiated group purchasing
agreements, where conduct of the Participating Member fails to expressly conform to and comply with outlined
COHR-Inc. rules, policies and/or directives.
X. "OWN USE" POLICY
The Participating Member expressly and unequivocally understands and agrees that each and every purchase made
through aW COHR-Inc. negotiated group purchasing agreements for health care supplies and equipment are for that
Participating Members' ultimate consumption or "own use." "Own use" being defined by any of the following:
A) Those relevant sections of the Prescription Drug Marketing Act of 1987 and any amendment
thereto, and/or
B) Those relevant sections Robinson-Patman Act of 1932 and any amendments thereto, and/or
C) The United States Supreme Court decision in Abbott Laboratories c t 1 v Portland Reta ir Druggist
Association Inc. Ft (1976)425 US 1.
THIS AGREEMENT SHOULD D NOT RF ENTERED INTO IF THE PARTICIPATING MEMB R IS NOT
ABSOLUTELY CLEAR AS TO WHAT IS MEANT BY "OWN USE" AS IT RELATES TO PRODUCT
PURCHASED PURSUANT TO THIS AGREEMEENT.
Additionally, the Participating Member understands, acknowledges and consents to having its membership
immediately and unconditionally terminated following COHR-Int.'s discovery that the Participating Member has
violated or acted in an inconsistent manner to ally provision of this subsection.
X1. ASSIGNMENT AND DELEGATION
This agreement and any addenda to it shall not be transferable, assignable or delegable without the express written
consent of COHR-Inc. Any attempted assignment of this agreement or delegation of any duties under it without
express prior written authorization of COHR-Inc. is void.
XII. DISPUTE RESOLUTION
Any dispute arising between the Participating Member and COHR-Inc. under this agreement will be settled in the
fo0owing mariner:
A) Any dispute regarding a claim for damages within the jurisdictional limits of small claims division
of the Municipal Court, Los Angeles Judicial District, will be resolved by that court.
B}— Any dispute between the Participating Member COHR-Inc. arising o t of this Agreement t
be submitted to b' g arbitration if the am in di/thousandd Jutrisdicdonal limits o
t t/ small claims bnt does not exceed nd of fifty (550,000) in aggr e
p �g1 claim(s). y and all disputes arhu and decided shall be coati ed�{ALAny ch arb Lion will be condules, Califo m strict
p p ac ce with Urn Come Rules of The Ameri ssociation losing parry
1`� ill bear the attomev's fees and costs of the prevailin
3
98=268 ,
{
C) Any claim or claims by eitbei party agaiast[he other that should exceed an aggregate total of fifty
thousand dollars ($50,000), will not be eligible for arbitration as noted above. In such an event, the
parties agree to retain their respective legal rights and section XIE below will become binding and
enforceable.
XIII. ATTORNEY'S FEES
Pursuant to section XII above, if either party to this Agreement shall employ legal counsel to protect its rights
under this Agreement or to enforce any term or provision of this Agreement, the party prevailing in any such
legal action shall have the right to recover from the other parry all of its reasonable attorney's fees, costs and
expenses incurred in relation to such action. "The costs, salary and expenses of the City Attorney and members �f"F
of his office in enforcing this contract on behalf of the City shall be considered as "attorney fees" for the purposes II'. 1 ``
of this paragraph." r
XIV. GOVERNING LAW
This agreement shall be construed, interpreted and governed according to the laws of the State of California.
Xv. MODIFICATION
This agreement may be modified only by written amendment duly signed and executed by each of the parties.
XVI. WAIVER OF BREACH
The waiver by COHR-Inc. of breach or violation of any provision of this Agreement must be explicit and in writing,
and shall not operate as, or be construed to be a waiver of, any subsequent breach thereof.
XVIL NOTICES
Any material notice, consent, request, claim or other communication shall be in writing and shall be deemed to have
been given if delivered or mailed by registered or certified mail, return receipt requested, to the address shown for
the respective party at the beginning of this Agreement. Such addresses may be changed by any party through notice
given in the manner provided above.
XVIII. COUNTERPARTS
This agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original, however, all of which shall constitute but one and the same instrument.
XIX. SEVERABEITY
Should a court of competent jurisdiction hold any of the sections contained in this agreement not to be valid or to be
otherwise unenforceable, that section shall be excised from this Agreement and the remaining sections shall be given
full legal force and effect.
4
}OC. WARRANTIES
The Participating Member understands and acknowledges that COHR-Inc. through its negotiated group purchasing
agreements is performing a service and is not effecting a sale between the Participating Member and any vendor,
manufacturer or supplier with which COHR has a negotiated group purchasing agreement. Accordingly, COHR
makes no representations or warranties, either expressed or implied, as to any matter whatsoever, including, without
limitation to, the condition, merchantability, or fitness for purpose, with respect to the goods, products or services
provided pursuant to this Agreement. Additionally, COHR shall have no liability whatsoever for personal injury,
property damage or lost profits caused by or related to the above mentioned products or services.
XXI. PARTICIPATING MEMBER'S OBLIGATION FOR PAYMENT
Participating Member shall pay the manufacturer, distributor or wholesaler directly for any and all equipment,
supplies or other purchases purchased by the Participating Member under the authority of and pursuant to this
Agreement.
XXII. WARRANTY OF CONFIDENTIALITY
Participating Member recognizes, understands and specifically acknowledges that the material being provided to it is
for that member's use only. Participating member absolutely agrees not to divulge, furnish or make accessible to
anyone, other than necessary employees of the Participating Member, any knowledge or information with respect to
pricing, products,Ito rntra€t ter n r rr�sFry ce�offered by COHR-Inc. programs which is not otherwise generally
known or avad 61e to the ilustry)�e mfom�auon provided pursuant to this Agreement is CONFIDENTIAL.
Failure to exercise reasonable precautions to protect the confidentiality of this information would be grounds for
termination of this Agreement and could result in substantial civil penalties to the Participating Member.
XXIII. MEMBERSHIP INITIATION
When accepted, membership to the COHR programs of negotiated group purchasing agreements will not commence
earlier than thirty (30) calendar days from receipt in COHR's offices of the properly executed participation agreement
and completed Home Health Information Sheet.
XXIV. UPDATING INFORMATION SHEET
The Participating Member understands, acknowledges and agrees that it is the facility's duty and obligation to update
the Information Sheet on an annual basis or sooner if there is a material change in the Participating Member's
business or operations. 'Material Change' shall be interpreted to include, but shall not be limited to, such changes as
ownership, expiration or revocation of licenses and the like. Failure to update the information form as provided for
above could result in termination pursuant to section VIII.
XXV. ADMINISTRATIVE FEES
The Participating Member is aware and understands that Administrative Fees may be collected by COHR-Inc. from
vendors, suppliers and/or wholesalers based on sales to the Participating Members. Collection of any such fees is to
assist the funding of the COHR-Inc. programs and shall be in full compliance with current applicable federal law
and/or regulations.
5
XXVI.- ENTIRE AGREEN ENT
This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject
matter described herein and supersedes any prior understanding or statement of conditions or intent. In affixing
their signature thereto, no parry is relying on anything not set forth herein above.
IN WITNESS THEREOF this Agreement is executed in duplicate by authorized agents of the parties.
FACIL7 COHR Inc.
Signature Signature
Annie F. Ramos Edward L Gravell
Printed Name Printed Name
Director of Parks, Recreation
& Community Services Dept. Senior vice President
Tide/Position Title/Position
3 -%�
Date Date
6
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C I T Y O F
4J ry
ut E i<EL'CA / rt mil ( GLL:iir
an bernardinO (
96 hOl -4 A 9 ,50
R A C H E L C L A R K
C I T Y C L E R K .
September 25, 1998
Betty Ruffalo
Regional Manager
COHR, Inc.
Purchase Connection
21540 Plummer Street
Chatsworth, CA 91311-4103
Dear Ms. Ruffalo:
At the Mayor and Common Council meeting of September 21, 1998, Resolution 98-268
was adopted.
Enclosed is one (1) original agreement. Please obtain signatures where indicated and
return the (l) original agreement to my attention as soon as possible.
Please be advised that said resolution will be null and void if it is not executed within
sixty (60) days— November 20, 1998.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
By Melanie Miller, Senior Secretary
mam
Enclosure
P . O . B O X 1 3 1 8 , S A N B E R N A R D I N O C A 0 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 0 0 0 ) 2 8 8 - 5 0 0 2
( 0 0 0 ( 2 8 4 5 1 0 2 F A X - ( 0 0 0 ) 0 8 8 . 5 1 S 8
T D D / T T Y - ( 9 0 9 ( 2 8 4 - 5 5 4 0
Purchase Connection'
13130 RECEIVE-D -D'I", CLE'rr"
'98 NOV -4 A 9 :50
November 2, 1998
Rachael Clark
City Of San Bernardino
300 North D Street
San Bernardino, CA 924418-0001
Dear Rachael:
Enclosed is the signed Purchase Connection/COHR, Inc. Participation Agreement to renew our
relationship with the City of San Bernadino. At the request of Mike Johnson, Senior Nutrition
Program Director, please forward a copy of the signed agreement. We at COHR appreciate our
ongoing working partnership in reducing your dietary and other related costs. Thank you for
choosing us as your group purchasing organization.
Sincerely,
Betty Ruffalo
Regional Manager
A division of COHR Inc. 21540 Plummer Street, Chatsworth, CA 91311-4103
(818) 773.2647 (8 88) 578.2647 (8 18) 341-9974