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HomeMy WebLinkAboutReso - CC - 087-1997RESOLUTION 87-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF BURLINGAME AND SAN MATEO COUNTY FOR PROVISION OF LUNCHES FOR SENIOR CITIZENS FROM SAN MATEO COUNTY GENERAL HOSPITAL and RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City provides a Senior Citizens Lunch Program at the Recreation Center; WHEREAS, Federal regulations governing the provision of the program through the County nutrition program have imposed such onerous reporting and oversight costs, that a different approach was necessary; and WHEREAS, San Mateo County through its General Hospital is ready and willing to provide nutritious lunches in cooperation with the City, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Manager's signature on behalf of the City. 120,m, a; /h - 4 ' tA4gt�.y MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3rd day of NOVEMBER ,1997, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: l CITY CLERK EXHIBIT A AGREEMENT FOR LUNCHES FOR SENIOR CITIZENS THIS AGREEMENT, made and entered into this day of 1997, by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "CITY" and SAN MATEO COUNTY, hereinafter referred to as "COUNTY" WITNESSETH: WHEREAS, both the CITY and COUNTY recognize their needs to provide services to senior citizens; and WHEREAS, both the CITY and COUNTY recognize the benefits of senior citizens taking part in a congregate lunch program that combines a nutritious meal with socialization opportunities; and WHEREAS, the County, through San Mateo County General Hospital (SMCHGH) currently provides meals for the Area Agency on Aging's Congregate Nutrition Program; and WHEREAS, the CITY, through its recreation programs, currently provides services and activities for senior citizens; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Purpose of Contract Commencing on November 1, 1997, or as soon thereafter as practicable, the CITY will purchase meals directly from the County through SMCGH for its Senior Lunch program. 1. 2. Definition The County through SMCGH shall deliver meals as ordered by the City pursuant to this Agreeement to the City Recreation Center at 850 Burlingame Avenue, Burlingame, CA 94010 no later than 11:45 a.m. on the day for which the meals are ordered. The meals delivered by COUNTY shall include, but not be limited to, the food, plates, napkins, milk, condiments, and seasonings. The CITY will provide custodial service for the meal service, site management, volunteers, flatware, coffee, tea, sugar, artificial sweetener. Representatives of each party will meet to discuss items not specifically listed in this paragraph to determine if the items are part of the meal as contemplated by the parties in this Agreement. 3. Compensation The COUNTY will bill the CITY monthly $3.71 per meal ordered by the CITY during the fiscal year 1997-98. During subsequent years of the Agreement, the per meal amount will be equal to the amount charged to member cities of the County's Congregate Nutrition Program. The CITY is not entitled to A.A.A. or U.S.D.A. reimbursements. The CITY will pay the monthly billings within thirty (30) days of the invoice date. 4. Quanti The CITY's representative will notify the COUNTY representative as to the number of meals at least two working days prior to the requested date of delivery. CITY does not warrant any minimum quantity of meals. 5. Hold Harmless Agreement The CITY shall defend, hold harmless and indemnify the COUNTY, its officers and employees from any and all claims for injuries or damage to persons or property that may arise out of the terms and conditions of this Agreement and that result from the negligent acts or omissions of the COUNTY, its officers and employees. 2. The COUNTY shall defend, hold harmless and indemnify the CITY, its officers and employees from any and all claims for injuries or damage to persons or property that may arise out of the terms and conditions of this Agreement and that result from the negligent acts or omissions of the City, its officers and employees. In the event of concurrent negligence of the CITY and the COUNTY or their officers and employees, then the liability for any and all injuries for claims for injuries or damages to persons or property that may arise out of the terms and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence. 6. Not a Joint Powers Agency Nothing contained in this Agreement shall be construed as intended to nor shall it be a joint powers agency of any kind. 7. No Ownership Interest Intended Nothing contained herein is intended to create in the City any ownership interest whatsoever by the City in San Mateo County. 8. Amendments This Agreement may be amended or modified by written agreement signed by both parties, including the continuing or changing of the Senior Lunch program in subsequent years. Failure on the part of either party to enforce any provisions of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. 9. Term This Agreement shall be in effect until June 30, 2002. 10. Termination or Suspension of Agreement Either CITY or COUNTY may suspend or terminate this Agreement, without cause, by giving sixty. (60) days prior written notice to the other party. 3. 11. Notices All notices shall be in writing and delivered to in person or transmitted by certified mail, return receipt requested, postage paid. Notices required to be given to COUNTY shall be addressed: Director of Food Services Food and Nutritional Services / Health Services Agency County of San Mateo 225 W. 37th Ave. San Mateo, CA 94403 Notices required to be given to City shall be addressed: Parks and Recreation Director City of Burlingame 850 Burlingame Avenue Burlingame, CA 94010 Said persons shall be representatives of COUNTY and City for all purposes of this Agreement. 12. Dispute Resolution If from time to time disputes arise which are not resolved through the efforts of the COUNTY and City representatives, then it is the intent of the parties to this Agreement to provide the following procedure to resolve disputes relative to meal ordering, delivery, and other items of interpretation of the provisions of this agreement. In the event of such a dispute, the Director of SMCGH and the Director of Parks & Recreation, or their designated representatives, shall meet to discuss the issues in an effort to resolve the dispute. All unresolved disputes, claims or other matters in question arising out of this agreement or breach thereof may ultimately be decided by means of legal action provided by California State Law. Any attorney's fees and associated costs arising from such legal action shall be paid by the unsuccessful party. Reasonable attorney's fees and court costs not to exceed $7,500 in total may be awarded to the prevailing party by the Court. L!I 13. Interpretation As used herein, any gender included each other gender, the singular includes the plural, and vice versa. 14. Venue The applicable law for any legal disputes arising out of this contract shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal Court in and for San Mateo County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF BURLINGAME SAN MATEO COUNTY A Municipal Corporation By City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney S ATTEST: APPROVED AS TO FORM: County Counsel 5.