2017/10/04 Progressive Health Pro, Inc. Healthy Menifee ProgrammingB
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MENIFEE AND
Progressive Health Pro lnc.
This MEMORANDUM OF UNDERSTANDING is made and entered into this
4th day of October, 2017, by and between City of Menifee, a municipal corporation
("City") and the Progressive Health Pro ("PHP") a California corporation. The City and
PHP occasionally herein are each individually referred to as "Party" and collectively as
the "Parties". The Parties hereto agree as follows:
RECITALS
The City was incorporated effective October 1, 2008.
PHP is an organization dedicated to improving the life of Menifee residents through
physical activity and improved nutrition choices.
The City sees participation with PHP for Health Nutrition, Physical Activity, and Meal
preparation service as a benefit to all residents in the City of Menifee
PHP finds the partnership and support of the Healthy Menifee Events and services
to be a positive force and an advantageous opportunity enabling them to showcase
their organization, services to the community, and the message they wish to spread
throughout the Healthy and Wellness Community.
The Parties desire to enter into an agreement of a formal public/private partnership
for the benefit of the residents of the City of Menifee.
City received grants to administer and deliver Healthy Menifee program including
registered dietician services.
NOW, THEREFORE, the Parties agree as follows:
l. General.
A. Recitals. All Recitals set out above are true and correct.
B.nd Understandi of the Parti
C
D
E
F
The purpose of this Agreement is to create a relationship between the City
and PHP of a formal public/private partnership for the purpose of providing
a service to the residents of the City of Menifee:
1
C. lmplem entation.
1. Orqanizational Responsibilitv
PHP agrees to:
A. Provide professional Health, Wellness, and Nutrition services
to residents at part of the Healthy Menifee Program, and
provide healthy meal and snack preparation at Healthy
Menifee's "Evaluate Your Plate" and "Menifee Mobile Kitchen"
prog rams:i. Recreate Your Health - Utilize fitness supplies, park
spaces, and athletic fields at designated locations to
provide residents with physical activity routines
appropriate for all ages and all abilities.i. Not to exceed - 40 billing hours
ii. Detailed schedule in attachment "A"ii. Evaluate Your Plate - Provide one hour seminars on
how to make meals healthier, yet still enjoyable.
Discuss portion control, importance of including fruits
and vegetables, and other professional level instruction
on healthy food and drink choices. Provide attendees
with handouts on meals that have been discussed and
or prepared during each one hour seminar.
i. Not to exceed - 40 billing hours
ii. Detailed schedule in attachment "B"
iii. Menifee Mobile Kitchen - Provide healthy snack
demonstrations and healthy eating and physical
activity demonstrations and handouts at City-Wide and
partner events.
i. Not to exceed 19 billing hours
ii. Detailed schedule in attachment "C"
B. Prepare program plans and menus for additional Healthy
Menifee program components as detailed below:i. Winter Menu - To include one lesson on importance of
healthy breakfast preparation during holidays, one
lesson on healthy lunch for family gatherings, and one
lesson on healthy dinner preparation. Lessons to
include detailed instruction on how to prepare each
meal, including ingredients list.
i. Due Date - November 20,2017
ii. Not to exceed - 3 billing hours for completion
and delivery to Cityii. Spring Menu - To include two lessons on importance
of healthy breakfast, lunch, and dinner preparation
during Spring Break for youth. Lessons to include
detailed instruction on how to prepare each meal,
including ingredients list.i. Due Date - March 5, 2018
Health Coach MOU
September 2017 Page 2
ii. Not to exceed - 4 billing hours for completion
and delivery to Cityiii. Summer Menu - To include four total lessons on
importance of healthy breakfast, lunch, and dinner
preparation during summer break for youth. Lessons
to include detailed instruction on how to prepare each
meal, including ingredients list
i. Due Date -May20,2018ii. Not to exceed - 5 billing hours for completion
C. Attend planning meetings organized by City to discuss
program details and create plan for successful program
implementation. Provide City with three 2 hour trainings on
successful delivery of Evaluate Your plate seminars.i. Pre Program Meetings:i. Not to exceed 3 billing hours
ii. City to determine schedule and provide for PHP
by September 22,2017ii. Staff Trainings
i. Not to exceed 6 billing hours
ii. City to determine schedule and provide for PHP
by September 29,2017
**PHP understands that scheduled component dates/times may change
based on School District availability and other factors out of City control.
2. Updates and Payments. The C ity agrees to pay PHP monthly during check
run calendar at first of month (calendar to be provided to PHP by September
22). PHP must bill City no later than the 28th of each month for services
rendered. PHP may not exceed billing hours identified in Section "C"
lmplementation of this document. Billing shall be at the rate of $50.00 per
hour. Total balance of payment to PHP may not exceed $6,000. City
reserves the right to transfer balance from one component to another.
D. Term. This Agreement shall be for one year (September 20,2017 - July 7, 2018)
ll. Termination
This Agreement may be terminated with or without cause by either Party upon 21 days
written notice.
lll. Representations, Warranties and lndemnification.
A. lndemnification. To the fullest extent provided by law, PHP shall indemnify,
protect, defend, and hold harmless the City, its officers, employees, and agents
from and against any and all claims, liability, costs, damages, penalties, losses
and expenses, and any other actions, suits, legal or administrative orders or
Health Coach MOU
September 2017 Page 3
proceedings, demands or other liabilities resulting at any time from the activities
set forth in Attachment A of this Agreement.
B. Survival. Notwithstanding any other provision of this Agreement, this Section ll
shall survive the termination of this Agreement.
lV. Miscellaneous.
A. General Provisions. This Agreement and all terms and conditions hereof shall
be governed by and construed and enforced in accordance with the laws of the
State of California, with venue in any action in the Superior Court of Riverside
Chamber. Any term herein can be waived only by a written waiver signed by the
Party against whom such waiver is to be asserted. This Agreement may be
executed in counterparts, each of which when so executed shall be deemed an
original, and all of which, together, shall constitute one and the same instrument.
B. Attornevs' Fees. ln the event of litigation between the Parties hereto arising out
of or in connection with this Agreement, the prevailing party shall, in addition to
any other relief awarded by the court, be entitled to recover its costs and
reasonable attorneys' fees as determined by the court.
C. Notice. Any notice to be given hereunder shall be effective only when in writing
and delivered to the Party to whom notice is being given personally, by fax or by
mail, to the address set out below:
To City City of Menifee
29714 Haun Road
Menifee, CA 92586
(951) 672-6777
(951) 679-3843 fax
Attn: Ron Bradley, lnterim City Manager
To PHP:Progressive Health Pro lnc
34885 Southwood Avenue
Murrieta, CA 92563
Attn: Eric Cruz
D. Amendment. This Agreement may only be amended by a document in writing
signed by the Parties
Health coach MoU
September 2017 Page 4
Either Party may change the place of notice to any other location by giving notice
to the other.
E. Further Action. The Parties agree to and shall take such further action and
execute and deliver such additional documents as may be reasonably required
to effectuate the terms and conditions of this Agreement and to the extent
consistent with the terms hereof.
F. Authoritv. The persons executing this Agreement on behalf of the Parties hereto
warrant that (i) such Party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said Party, (iii) by
so executing this Agreement, such party is formally bound to the provisions of
this Agreement, and (iv) entering into this Agreement does not violate any
provision of any other agreement to which said party is bound.
Health Coach MOU
Septem ber 2017 Page 5
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MENIFEE AND
Progressive Health Pro
Dated:
Atte
Sa hM anwan ng, City Clerk
APPR AS TO FORM:
Je Melching, City rney
Dated:ll {
APPROVED AS TO FORM:
CITY OF MENIFEE, a municipal
corporation
By
Ron Bradley, lnterim City nager
Pro, a California
M"tA fi^
UL
'bl-,lt P-n-b,-,
Progressive Health Pro
Progressive Health Pro
Hea th Coach MOU
September 2017 Page 6
[Signature Page]
Progressive Health
corooration
?r*U"-t*'
By:
Health Coach MOU
September 2017 Page 7
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ATTACHMENT B
costfheme/Age GroupDateTimeLocation
s100.00Family Nurtition12:30pm-1:30pm21-SepPreschoolGymnastics
251oo.ooToddler Nurtrition27-Sep 1:00pm - 2:00pmLazy Creek/Tiny Tots
25100.00Senior Nutrition28-5ep 12:30pm-1:30pmKay Ceniceros Center
5100.00 23:30pm'4:30pm WP
3:00pm-5:00pm
After School Snacks16-OctSanta Rosa Academy
2s100.00Healthy Meal for Families30'Oct
3:30pm-4:30pm WP
3:00pm-5:00pmTBD
2s100.00HealthV Meals for families5:00pm-6:00pm wP
4:30pm-6:30pm8-NovTSD
ss0.00 1Demonstretion for families5:30pm 6:3opm9-Novtary Creek Open House
s100.00After School Snacks13-Dec
5:00pm-6:00pm WP
4:30pm-6:30pmT8D
Sloo.oo 2After School Snacks
3:30pm-4:30pm WP
3:00pm-5:00pmTBD
s100.00Valentines Day Treats12'Feb
5:00pm-6:00pm WP
4:30pm-6:30pmTBD
Sloo.oo
3:30pm'4:30pm
3:00pm-5:00pm St. Patrick's Day Treats14-MarTBD
2s100.00Healthy Lunch25-Apr
3:30pm-4:30pm WP
3:00pm-5:00pmTBD
s100.00Healthy tunch9-May
5:00pm-6:00pm WP
4:30pm 6:30pmTBD
51oo.ooHealthy Meals for families14-May
3:30pm-4:30pm wP
3:00pm-5:00pmT8D
4:00pm-5:00pm After School snacksT8D
Prepare for Summer snacks/lunches21J Lr n 9:00am-11:00amT8D
S2,ooo.oo
s1,4s0.00 29
Ssso.oo 11
Amount Budqeted:
ActivitKey: tWP = With Prep
Evaluate yo lale
29Jan
6Jun Sso.oo
ss0.00
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ATTACHMENT C
Menifee Mobile (itchen
Location Date Time Contact Theme/ltem Cost Hours
Menifee Valley Hospital Fair 28-Oct 9:00am to 1:00pm Healthy Family s200.00 4
Fall Festival 28-Oct
3r45pm-4:15pm
WP 3:30pm-4:30pm City of Menifee Healthy/Hearty 5so.oo
7
Christmas Tree Lighting 9 Dec TBD City of Menifee Holiday Conscious 5s0.00
1
Spring Fest 24-Mat TBD City of Menifee Healthy Snacks Sso.oo 1
Menifee Better To8ether 21-Apr TBD City of Menifee/Habitat Healthy Breakfast Sloo.oo 2
Senior Health Fair*7-May TBD City of Menifee Senior Nutrltion Sso.oo 1
Movie ln the Park 22 Jun TBD City of Menifee Healthy Snacks ss0.00 1
lndependence Day Celebration 30 Jun TBD City of Menifee Healthy Family Sloo.oo 2
s9s0.00 19
s5s0.00 13
.00 6
*Also part of Recreate Your Health Amount gudseted:
Current ProDosed Activities:
Key: *WP = With Prep
*ln conjunction with Recreate Your Health
Total Remaininq
3 150Pre-Program Strategic Meetings
600PreperationB and Prining of Program Plans
5 300Staff/Com mittee/Commission Trainings
s1,0s0.0027
I sso.oo
20 51,000.00
ATTACHMENT D
Amount Budseted:
Total utilized
Total Remaining
Planning Meetings and Prepping Budget Hours Cost