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HomeMy WebLinkAboutYMCA - 2015 MOU for Summer Food ServiceF0RYOU'TH DEVELOP ME141' "+ _�° �� EC}r? 5 ?11�la'+fl 2�f'CAP35f,iSELf p"Y MEMORANDUM OF UNDERSTANDING 2015 SUMMER FOOD SERVICE PROGRAM -PARKS AND RECREATION This Agreement is made as of June 2, 2015 between the YMCA of Silicon Valley, 80 Saratoga Avenue, Santa Clara, CA 95051 and City of Gilroy Recreation Department 7351 Rosanna Street, Gilroy, CAg5020. PURPOSE The YMCA of Silicon Valley ( "YMCA ") is the acting Summer Food Service Program ( "SFSP ") Sponsor. Through an agreement with the California Department of Education Nutrition Services Department ("CDENSD "), YMCA is responsible for the administration and oversight of the SFSP at approved site locations. YMCA of Silicon Valley is a CDE sponsor in good standing. This MOU serves to establish responsibilities of the City of Gilroy Recreation Department hereafter known as the "Participant Agency," and the YMCA of Silicon Valley. RESPONSIBILITIES In general, City Of Gilroy Recreation will order prepared hot or cold meals from YMCA approved vendor Revolution Foods, take a possession of those meals at participating Recreation sites, perform health and safety checks on the food before serving it as directed by the YMCA, create records showing meal counts and other data, and serve the prepared meals to qualifying children'. YMCA will receive reimbursement from CDENSD for the cost of qualifying meals served and pay Revolution Foods directly. More specifically: The parties shall perform the following services: 1. Based upon the training provided by YMCA, City Of Gilroy Recreation shall confirm that at least 50% of the youth who are served a meal at participating sites are eligible for free and reduced priced meals. Eligibility status confirmation will be determined by CDENSD (California Department of Education Nutrition Services Division). 2. Prior to commencing operations hereunder City Of Gilroy Recreation will notify YMCA of the addresses of the participating sites, the expected dates of operation and of any field trips on which reimbursable meals will be served; and report the maximum daily number of youth participating in SFSP. City Of Gilroy Recreation will reimburse the YMCA for additional meals consumed beyond the reported number. 1 4842- B795- 0115v1 WAKHARIM04706083 3. Prior to commencement of food service operations hereunder, YMCA with City Of Gilroy Recreation cooperation, shall provide a minimum of three hours of training to participating Recreation personnel. 4. By Tuesday at 5 pm prior to the following week of service, City Of Gilroy Recreation will order from Revolution Foods the appropriate number of meals and arrange a delivery schedule (covering dates, times, and locations) to participating Recreation sites. Revolution Foods will provide weekly menus for the participating Recreation sites, which shall be posted at Recreation sites. City Of Gilroy Recreation will notify both Revolution Foods and YMCA if the Revolution Foods fails to deliver meals per the menu and listed items ordered. Per training provided by YMCA, participating Recreation personnel shall, upon delivery of meals, inspect said delivery to verify the temperature, quality and quantity of each meal to meet the approved standards for SFSP. Per the training provided by the YMCA, Recreation personnel shall create a record, at time of delivery, of any meals that do not meet approved standards for SFSP, and shall note if the quality delivered is incorrect, and shall report that information to Revolution Foods and YMCA within 24 hours. The SFSP Sponsor, YMCA, reserves the right to terminate their agreement with the approved food service management company (Revolution Foods) if the deliveries are not in accordance with SFSP Food Service Agreement /CA Health and Safety Codes If City Of Gilroy Recreation fails to transmit meals orders to Revolution Foods by 5pm on Tuesday's, said vendor is authorized to charge the City Of Gilroy Recreation a penalty of up to $100.00. If City Of Gilroy Recreation, after timely transmitting of the meal order to Revolution Foods later cancels all or part of the order, (CITY OF GILROY RECREATION) will be required to pay for ordered but cancelled meals at %50 of the regular price for such meals. Revolution Foods is also authorized to charge (CITY OF GILROY RECREATION) a 10% per changed. meal convenience fee for changes in meal type after the order deadline. To review the contract in detail with Revolution Foods, please see exhibit A. 5. City Of Gilroy Recreation, through the Recreation staff which YMCA will train, shall record and maintain, on a daily basis, on paperwork forms provided by YMCA, an accurate count of the number of meals at point of service by meal type; ensure that meals are only served to children ages 2 -18; return meal count paperwork, updated menus, and delivery receipts to the YMCA every two weeks no later than 5:00 pm on Tuesday following the week of operation. City Of Gilroy Recreation, through the Recreation personnel trained by YMCA, ensure that all meals are served complete that only one meal is served to each child during the designated meal service time. Any meals which Recreation personnel know will be eaten off site must be reported to the SFSP Sponsor (YMCA) and Revolution Foods one week in advance of their consumption. 2 4842 - 8795 -01150 MVAKHARIA104706083 i t 6. City Of Gilroy Recreation through participating Recreation personnel, to the extent of the YMCA training, ensures that all Health and Sanitation requirements of SFSP are being met, to the extent of the YMCA training. 7. So long as the participating Recreation personnel perform their tasks in a manner consistent with the training provided by the YMCA, the YMCA shall assume all fiscal responsibilities for meals not claimed or not deemed reimbursable by the CA Department of Education, Food Nutrition Services (serving incomplete meals or missing components). 8. All participating agencies shall serve meals to all attending children regardless of race, color, national origin, sex, age, or disability; allow all children equal access to services and facilities at your site regardless of race, color, national origin, sex, age, or disability; display in a prominent place a nondiscrimination poster provided by YMCA; make outreach WIC or Cal -Fresh program material provided by YMCA available to the public upon request; comply with any guidance provided by the monitors or state /county auditors. 9. YMCA shall provide training, assuring City Of Gilroy Recreation that participating Recreation personnel said will be training and knowledgeable in the record keeping of the meal requirements of the SFSP, and in Health and Sanitation practices. In addition to the above 3 hour face -to -face SFSP training, YMCA will provide direction to enable one member of each Recreation site staff present during service times to complete the California Food Handler Certification (this is valid for 3 years), a certificate awarded by ServSafe, CA. 10. YMCA shall pay Revolution Foods the full amount each month as presented on the monthly itemized invoice for all meals that are delivered in accordance with SFSP Food Service Agreement /CA Health and Safety Codes. Prior to such payment City Of Gilroy Recreation shall review the invoice and notify the YMCA and Revolution Foods of any discrepancies in the invoice including spoiled food, incorrect delivery quantities or delivery's out of the designated time frames that are not deemed reimbursable by SFSP. 11. YMCA shall invoice the City Of Gilroy Recreation for: (a) all meals delivered per Library orders to Revolution Foods but not consumed by participating children ( "meal overages" or "adult meals ") billed by Revolution Foods that were not defective or unsafe to serve, and are not otherwise used by YMCA;(b) a $50.00 delivery fee /site location for equipment such as Refrigerators or Warming Ovens; (c) meals served to adults over the age of 18; (c) missing cutlery or miscellaneous items 3 4842 -8795 -0115v1 MVAKHARIAl04706083 • I (trays or boats); (d) as well as meals served by "(CITY OF GILROY RECREATION)" that missing components or incomplete as a result of negligent acts of participating Recreation personnel rather than errors by Revolution Foods. TERM The Summer Food Service Program will start on June 22, 2015 and commence on August 14, 201 S. INSURANCE City Of Gilroy Recreation will maintain for the duration of this agreement insurance against Claims for injuries to person or damages to property which may arise from the acts or omissions of their agents, representatives, or employees. INDEMNIFICATION To the fullest extent permitted by law, the YMCA and City of Gilroy Recreation Department agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court cost, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined. APPLICATION LAW This Agreement and 7 CFR 225.2 represents the entire understanding of the parties and it is under jurisdiction and subject to the rules and regulations of the USDA and the State of California. TERMINATION of AGREEMENT Each party has the right to terminate this contract if the other party has materially breached any obligation herein and such breach remains uncured for a period of 14 days after written notice there is sent to the other party. ant Agency Official Signature: SFSP S nsor Official Signature: Participant Agency Official Name: r SFSP Sponsor Official Name: ^� [J O Elizabeth Jordan Title;,) Title: &Lmiffl&�fA) 1 Chief Operating Officer Te phone bet: Telephone Number: ^6 1 O1--PL— V n 408.3 5 1.6400 ext 6446 ate: ^ Date: I k to Foam: omey's Office 4 �11 4842 -8795 -01150 By: MVAKHARIA104706083 CRY ANOMW Client#: 27430 YMCAOFSI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YY1'Y) 4/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Barney 8r Barney 1999 Harrison St., Suite 1230 NAME:: Felicia McAroy PHC x -8867 AOo , N Et): 273 -8888 A No : ( ) E -MAIL mcaro ia ec. barne li ADDRESS: f y@ andbarne ± y' com INSURER(S) AFFORDING COVERAGE NAIC # CA License #OH18131 Oakland, CA 94612 INSURER A, Zurich American Insurance Co. 16535 INSURED YMCA of Silicon Valley INSURER B: Cypress Insurance Company (CA) 10855 American Guarantee & Liability INSURER C : Y 26247 80 Saratoga Avenue Santa Clara, CA 95051 INSURER D GENERAL AGGREGATE INSURER E GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE OT X LOC INSURER F: $1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E9 OCCUR X X CP0102622000 8/01/2014 07/01/2015 EACH OCCURRENCE $1,000,000 PREMISES EaEocccurrence $1 000 000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE OT X LOC PRODUCTS - COMP /OP AGG $1,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS CP0102622000 8/0112014 07/01/201 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB FXOCCUR S -MADE AUC017674700 8/01/2014 07/01/201 EACH OCCURRENCE $1 000000 AGGREGATE $1,000,000 DED X RETENTION $1O 000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 3300064823141 7/01/2014 07/01/201 X WCSTATU- OTH- ITS I E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) RE: Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA. City of Gilroy is included as Additional Insured (Gen. Liab.), per the attached. Insurance is primary and non - contributory. General Liability Waiver of Subrogation applies per the attached. ER City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Recreation Department ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S344699/M132339 PAT11 INSURED: YMCA of Silicon Valley POLICY #: CP0102622000 POLICY PERIOD: 08/01/2014 Additional Insured — Automatic — Owners, Lessees Or Contractors TO 07/01/2015 9 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured City of Gilroy Address (including ZIP Code) Recreation Department 7351 Rosanna Street Gilroy, CA 95020 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury "property damage" or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations or 'your work" as included in the "products- completed operations hazard ", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured. 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies This insurance does not apply to "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including a. The preparing. approving or failing to prepare or approve maps, shop drawings., opinions, reports. surveys, field orders change orders or drawings and specifications, or b. Supervisory. inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions U- GL- 1175•F CW 104/131 Page 1 of 2 Includes copyrighted material of Insurance Services Office. Inc.. with its pemvssion. The additional Insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim, 2. We receive written notice of a claim or "suit" as soon as practicable, and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non - contributory D. For the purposes of the coverage provided by this endorsement. 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance, and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional Insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense.. claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured F. With respect to the Insurance afforded to the additional insureds under this endorsement; the following is added to Section III — Limits Of Insurance. The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement, or 2. Available under the applicable Limits of Insurance shown In the Declarations, whichever is less. This I endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of this policy remain unchanged u- GL- 1175 -F CW (04/131 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc with Its permission.