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.