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HomeMy WebLinkAboutYMCA - 2016 Child Adult Care Food ProgramMEMORANDUM OF UNDERSTANDING 2016 CHILD ADULT CARE FOOD PROGRAM This Agreement is made as of the 2151 of January 2016 between the YMCA of Silicon Valley, 80 Saratoga Avenue, Santa Clara, CA 95051 and City of Gilroy Recreation Department, 7351 Rosanna Street, Gilroy, CA 95020. PURPOSE The YMCA of Silicon Valley ( "YMCA ") is the acting Child Adult Care ( "CACFP ") Sponsor. Through an agreement with the California Department of Education Nutrition Services Department ( "CDENSD "), YMCA is responsible for the administration and oversight of the CACFP at approved site locations. YMCA of Silicon Valley is a CDE sponsor in good standing. This MOU serves to establish responsibilities of City of Gilroy Recreation Department hereafter known as the "Participant Agency," and the YMCA of Silicon Valley. RESPONSIBILITIES In general, City of Gilroy Recreation Department will order prepared hot or cold meals from YMCA approved vendor Revolution Foods, take a possession of those meals at participating sites, perform health and safety checks on the food before serving it, create records showing meal counts and other data, and serve the prepared meals to qualifying children. YMCA will receive reimbursement from CDE 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 Department 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 CDE NSD (California Department of Education Nutrition Services Division). Prior to commencing operations hereunder City of Gilroy Recreation Department 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 CACFP. The City of Gilroy Recreation Department will reimburse the YMCA for additional meals consumed beyond the reported number. Prior to commencement of food service operations hereunder YMCA, with the City of Gilroy Recreation Departments cooperation, shall provide a minimum of one to three hours of training to participating personnel. 4. By Tuesday at 5 pm prior to the following week of service, City of Gilroy Recreation Department will order from Revolution Foods the appropriate number of meals and arrange a delivery schedule (covering dates, times, and locations) to participating sites. Revolution Foods will provide weekly menus for the participating sites, which shall be posted at the participating sites. The City of Gilroy Recreation Department 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, 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, personnel shall create a record, at time of delivery, of any meals that do not meet approved standards for CACFP, and shall note if the quality delivered is incorrect, and shall report that information to Revolution Foods and YMCA within 24 hours. The CACFP 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 CACFP Food Service Agreement /CA Health and Safety Codes. If the City of Gilroy Recreation Department, fails to transmit meals orders to Revolution Foods by 5pm on Tuesday's, said vendor is authorized to charge the City of Gilroy Recreation Department a penalty of up to $100.00. If the City of Gilroy Recreation Department, after timely transmitting of the meal order to Revolution Foods later cancels all or part of the order, the City of Gilroy Recreation Department 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 the City of Gilroy Recreation Department a 10% per changed meal convenience fee for changes in meal type after the order deadline. The City of Gilroy Recreation Department, participating site 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. The City of Gilroy Recreation Department, participating site staff, which YMCA will train, ensure that all meals are served complete and that only one meal is served to each child during the designated meal service time. Any meals which participating site personnel know will be eaten off site must be reported to the CACFP Sponsor (YMCA) and Revolution Foods one week in advance of their consumption. 6. The City of Gilroy Recreation Department, through participating site personnel, ensures that all Health and Sanitation requirements of CACFP are being met. 7. The City of Gilroy Recreation Department, through participating site personnel, and in cooperation with the YMCA, will monitor the CACFP program at designated site locations with the 1st review completed in 4 weeks of start date, 2nd review due by January 31, 2016 and 3rd review due by May 31, 2016. So long as the participating site 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). 9. 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. 10. YMCA shall provide training, assuring the City of Gilroy Recreation Department that participating site personnel said will be trained and knowledgeable in the record keeping of the meal requirements of the CACFP, and in Health and Sanitation practices. in addition to the above 1 -3 hour face -to -face CACFP training, YMCA will provide direction to enable one member of each 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, 11. 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 CACFP Food Service Agreement/CA Health and Safety Codes. Prior to such payment the City of Gilroy Recreation Department 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 CACFP. The YMCA of Silicon Valley will assume the refrigeration rental costs of $50.00 per month from January 18, 2016 -June 30, 2016. 12. YMCA shall invoice the City of Gilroy Recreation Department for: (a) all meals delivered per City of Gilroy Recreation Department 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 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 Department" that missing components or incomplete as a result of negligent acts of participating Library personnel rather than errors by Revolution Foods. 3 TERM The Child Adult Care Food Program will start on February 1, 2016 and commence on June 8, 2016. INSURANCE The City of Gilroy Recreation Department 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 Each party ( "indemnitor ") agrees to hold harmless, indemnify and defend the other party ( "indemnitee ") including the indemnitee's officers, directors, employees and agents, from and against any and all liability, losses, damages and expenses, including reasonable attorney's fees and costs, incurred by the indemnitee which arise out of or relate to the wrongful, willful, or negligent act or omission of the indemnitor, its officers, directors, employees or agents, in the performance of this MOU. 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. i Participant Agency Official Signature: CACF onsorr Official ignature: Pa 'cipant Agency Official Name: CACFP Sponsor Official Name: MbI A &c)nz4- [e • Z Elizabeth Jordan Title: CAdm j' n Cs4m4o r Title: Chief Operating Officer _ Tel "hone h`one(� umber: �`1 �� �l� Telephone Number: i O 408.351.6400 ext 6446 Da W. Date: 1/zV1 � Approved as to Form Gilroy City Attorney's Offfoo City Attorney Client #: 27430 YMCAOFSI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) TYPE OF INSURANCE 1/25/2016 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 NAMEACT Felicia McAroy Barney & Barney, A Marsh & McLennan PHONE 925 482 -9300 925 482 -9390 A/C No Ext : A/C, No Insurance Agency LLC company E -MAIL aro m eca.c barne andbarne li i ADDRESS: f y@ y Y• com 1340 Treat Blvd #250 Lic OH18131 INSURER(S) AFFORDING COVERAGE NAIC# Walnut Creek, CA 94597 INSURER A: United States Fire Insurance Co 21113 INSURED INSURER B: Cypress Insurance Company (CA) 10855 YMCA of Silicon Valley _ $1,000,000 INSURER C $10,000 80 Saratoga Avenue $1,000,000 INSURER D Santa Clara, CA 95051 GENERAL AGGREGATE i INSURER E GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE PRCT O X LOC PRODUCTS - COMP /OP AGG INSURER F: 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 SUB WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7X OCCUR X 5068817622 07/0112015 07/01/2016 EACH $1,000,000 �OCCURRENCE PREMISES ERENTED nce _ $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 PRCT O X LOC PRODUCTS - COMP /OP AGG $1,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS 5068817622 5821039278 07/01/2015 07/01/2016 COMBINED (Ea acccidentSINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ _ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE 07/01/2015 07/01/201 EACH OCCURRENCE $1,000,000 AGGREGATE $110001000 _ $ DED I X RETENTION $1O 000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? E (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A YMWC600216 7/0112015 07/01/201 X TORY LIMIT FIR 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 / 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. 1J9_11I9Pli qwGUNlcI 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 #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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule. f not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the Persons) or organization(s) shown in the Schedule but only 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 or agreement, the insurance affordec to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional 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 shal not increase the applicable L mits of Insurance shown in the Declaratiors CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 � 1 INSURED: YMCA of silicon valley POLICY #: 5068817622 POLICY PERIOD: 07/01/2015 TO: 07/0112016 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