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HomeMy WebLinkAboutYMCA - 2016 MOU for Food Service ProgramI ' L L ` `e fUk YOU H t)EMC)PIAEN i0r, #*1AITI!f tJV,N(p MEMORANDUM OF UNDERSTANDING 2016 SUMMER FOOD SERVICE PROGRAM -PARKS AND RECREATION This Agreement is made as of the June 20, 2016 between the YMCA of Silicon Valley, 80 Saratoga Avenue, Santa Clara, CA 95051 and City of Gilroy Recreation Department at 7351 Rosanna Street, Gilroy, CA 95020. PURPOSE The YMCA of Silicon Valley (YMCA'l 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 (California Department of Education Nutrition Services Division) 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, 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. Revoltuion Foods will provide weekly menus for the participating Recreation sites, which shall be posted. City of Gilroy Recreation will notify both Revolution Foods and YMCA if 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. 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 SFSPSponsor, 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 AgreemeatiCA 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 request a copy for your records, 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. 6. City of Gilroy Recreation through participating Recreation personnel, ensure 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 2.5 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 Libraray 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 (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 20, 2016 and commence on August 11, 2016 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 and omission 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 proceeding, 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 of the agreement between the Parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party 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 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 thereof is sent to the other party. Participant Agency Official Signature: SFSP Sp nsor Official Si ture: Participant Agency Official Name: C7�nza l e SP ponsor OftVal Name .A z r�� Titlee: _ Title: �nr Teleph �%e/Nuurn er: / 7/m`7, � l(/'� �� Telephone Number- `ter' C/ / 408.351.6400 ext -6445. Date: r Date: �/ (� ( Approved as to Form: Gilroy City Attomey's Office City Attomey � -1 Client#: 27430 YMCAOFSI ACORD... CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/2512016 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 & Barney, A Marsh & McLennan Insurance Agency LLC company NAME ACT Felicia McAroy _ PHONE 925 482 -9300 AX 925 482 -9390 Ext : A/C, No E- MAIo, ADDRESS: felicia .mcaroy @barneyandbarney.com 1340 Treat Blvd #250 Lic OH 18131 Walnut Creek, CA 94597 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: United States Fire Insurance Co 21113 INSURED YMCA of Silicon Valley 80 Saratoga Avenue Santa Clara, CA 95051 INSURER B, Cypress Insurance Company (CA) 10855 INSURER C PERSONAL & ADV INJURY INSURER D INSURER E GENERAL AGGREGATE INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - JECT X LOC PRODUCTS - COMP /OP AGG 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 ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DDIYYYY LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X 5068817622 07/01/2015 07/011201 EACH��OEECCURRENCE $1,000,000 PAEMISES Ea oNTE ante $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 PRO - JECT X LOC PRODUCTS - COMP /OP AGG $1,000,000 $ • A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 1 5068817622 5821039278 07/01/2015 07/01/2016 MBINED (O, CE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB EXCESS LIAB I OCCUR CLAIMS -MADE 07/01/2015 07/01/201 EACH OCCURRENCE $1,000,000 X AGGREGATE $1,000,000 DIED I X RETENTION $1O 000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE — OFFICERIMEMBER EXCLUDED? F (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A YMWC600216 07/01/2015 07/01/201 WC X TORYLI T OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if 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. CERTIFICATE HOLDER CANCELLATION 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 :�t L © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 '2010IM5) i Of 1 The ACORD name and logo are registered marks of ACORD #S645324/M426516 PAT11 INSURED: YMCA of Silicon valley POLICY #: 5068817622 POLICY PERIOD: 07/01/2015 TO 07/01/2016 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PAR- SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule, if not shown above. will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule but cnly with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations, or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract cr agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such acditional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement, or 2. Available under the applicable Limits o' Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratiors. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED: YMCA o'Siliccn valley POLICY #: 5068817622 POLICY PERIOD: 07/01/2015 TO: 07/01/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4.a. of SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS: Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary to and noncontributory with any other insurance available to the additional insured. All other terms and conditions remain unchanged. FM 101 0 2404 11 08 Page 1 of 1