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Home My WebLink AboutYMCA - 2017 MOU for Child Adult Care Food Programv fJP^iEAJT,'y_f'V'NG F FAR SCCe.. R£SPC'NS +iUL'' MEMORANDUM OF UNDERSTANDING BETWEEN YMCA OF SILICON VALLEY AND CITY OF GILROY FOR PROVISION OF THE SUMMER FOOS SERVICE PROGRAM (SFSP) AND THE CHILD ADULT CARE FOOD PROGRAM (CACFP) AT PARTICIPATING RECREATION SITES This Memorandum of Understanding ( "MOU ") is made and entered into this Q day of 2017, by and between City of Gilroy Recreation Department at 7351 Rosanna Street, Gilroy, CA 95020 ( "CG ") and YMCA of Silicon Val y, a California non - profit organization ( "YMCA "). PROGRAM DESCRIPTION The YMCA of Silicon Valley ( "YMCA ") is the acting sponsor for both the Summer Food Service Program ( "SFSP ") and the Child Adult Care Food Progra, ( "CACFP ") (collectively, the "Programs "). Through an agreement with the California Department of Education Nutrition Services Department ( "CDENSD "), YMCA is responsible for the administration and oversight of both Programs at approved site locations. YMCA of Silicon Valley is a CDENSD sponsor in good standing. This MOU serves to establish responsibilities of CG Recreation Department and YMCA. RESPONSIBILITIES In general, City of Gilroy (or "Recreation Personnel ") will order prepared hot or cold meals from YMCA approved vendor Revolution Foods, take 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: ORGANIZATIONAL COMMITMENTS YMCA responsibilities: 1. Prior to commencement of food service operations hereunder, YMCA, with CG cooperation, shall provide a minimum of three hours of training to participating Recreation personnel. 2. 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). 3. YMCA shall provide at minimum a two (2) hour face -to -face training, assuring CG that participating Recreation personnel will be trained and knowledgeable in the record keeping of the meal requirements of the Programs, and in Health and Sanitation practices. In addition to the above training, YMCA will provide direction to enable one (1) member of each Recreation site staff present during service times to complete the California Food Handler Certification (valid for three (3) years), a certificate awarded by ServSafe, CA. 4. YMCA shall pay Revolution Foods, the third party food vendor, the full amount each month as presented on the monthly itemized invoice for all meals that are delivered in accordance with 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 deliveries out of the designated time frames that are not deemed reimbursable by the Programs. 5 YMCA shall invoke the CG for (a) meals delivered per CG 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, (d) missing cutlery or miscellaneous items (trays or boats), (e) as well as meals served by CG that are missing components or incomplete as a result of negligent acts of participating Recreation personnel rather than errors by YMCA or Revolution Foods CG responsibilities i Based upon the training provided by YMCA, CG shall confirm that at least 50% of the youth who are served a meal at participating saes 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, CG 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 the Programs CG will reimburse the YMCA for additional meals consumed beyond the reported number 3 By Tuesday at 5 pm prior to the following week of service, CG 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 at the sites CG 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 4 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 the Programs, respectively and shall note if the quality delivered is incorrect, and shall report that information to Revolution Foods and YMCA within twenty -four (24) hours 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 the Programs Food Service Agreement /CA Health and Safety Codes If CG fails to transmit meal orders to Revolution Foods by 5pm on Tuesdays, said vendor is authorized to charge the CG a penalty of up to $100 00 If CG, after timely transmitting of the meal order to Revolution Foods later cancels all or part of the order, CG will be required to pay for ordered but cancelled meals at 450 of the regular price for such meals Revolution Foods is also authorized to charge CG a 103 per changed meal convenience fee for changes in meal type after the order deadline 5 CG shall record and maintain, on a daily basis, on 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 (2) weeks no later than 5 00 pm on Tuesday following the week of operation CG will 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 Recreation personnel know will be eaten off site must be reported to YMCA and Revolution Foods one week in advance of their consumption 6 CG through participating Recreation personnel will ensure that all Health and Sanitation requirements of the Programs are being met, to the extent of the YMCA and ServSafe training 7 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 available to the public upon request, comply with any guidance provided by the monitors or state /county auditors 8 CG shall assume all responsibility of any volunteers supporting the Programs, ensuring the CG's volunteer requirements are met, providing direction and supervision of all participating volunteers 9 Prior to payment, CG 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 is out of the designated time frames that are not deemed reimbursable by YMCA 2 TERM The term of this MOU shall be from the Date of Execution and shall continue through September 30, 2017. CG and YMCA may mutually extend the term of this MOU forth ree (3) one -year terms by providing written notice to extend no less than thirty (30) days prior to expiration of this MOU. The term of this MOU, if both parties elect to renew for three (3) additional one -year terms, shall expire August 31, 2021. 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. INSURANCE City of Gilroy and YMCA will maintain for the duration of this agreement commercial liability 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, 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, 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. Participant Agency Official Signature: SFSP Sponsor Official Signature: Participant Agency icial Name: SFSP Sponsor Official Name: CZI Sandy Berlin Walker Title: Title: President & CEO Telepho Number: Telephone Number: (0 r Q 7 p 408.351.6400 ext. 6413 Date: Date: no Approved as to Form: Gilroy 'ty Attorney's Office By: 2L City Attomsy Client#: 27430 VA Tlra-ITe7d;9I ACORD. CERTIFICATE OF LIABILITY INSURANCE - DATE(MMIDDIYYYY) 1 613012017 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(les) must be endorsed. If SUBROGATION IS WAIVED, sub)ect 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 Marsh & McLennan Agency LLC Marsh McLennan Ins Agency LLC 1340 Treat Blvd #250 Lic OH18131 allJACT Felicia McAroy , °' Exl , g25 482 -9300 Ne ; 925482 -9390 ADDRESS: relicla.McAroy@MarshMMA.com - X COMMERCIAL GENERAL LIABILITY GLAIMS.MADE a OCCUR Walnut Creek, CA 94597 MSUR S AFFORDING COVERAGE NAIC# INSURERA: North River Insurance Company 21105 INSURED YMCA of Silicon Valley 80 Saratoga Avenue Santa Clara, CA 95051 INSURER 13: United States Fire Insurance Cc 21113 INSURER C : GEML X INSURERD. $10000 PERSONAL 8 ADV INJURY $1,000,000 INSURER E' GENERAL AGGREGATE INSURER F: PRODUCTS - COMPIOPAGO $1,000,000 %'V V CI[MVC.7 GtK I IFIGA l E NUMHEK: • 17CV141e'1M AIIIM0C0. 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 SO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR TYPE OF INSURANCE ADDLSUDR NUMBER MIDD MMIOIDDY F XP LIMITS A X COMMERCIAL GENERAL LIABILITY GLAIMS.MADE a OCCUR X 5068898919 137101120117 07/0112018 HHp OECCCURR(EREN�NCE EACMM $1,000,000 7 ED4L4E S EaOaTE4nce $1.13001000 GEML X MED EXP one person) $10000 PERSONAL 8 ADV INJURY $1,000,000 AGGREGATE LIM7r APPLIES PER POLICY F] JECT LOC OTHER: GENERAL AGGREGATE $3000000 PRODUCTS - COMPIOPAGO $1,000,000 S A AUTOMOBILE Ix LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X ANON-OWNED 5068898919 7/0112017 071011201 BtEDISINGLE UMrr $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per srrMent) $ PROPERdTY DAMAGE $ $ 8 X1 UMBRELLA L1AB EXCESS LIAB OCCUR CLAIMS -MADE 5821082127 7/01/2017 0710112018 EACH OCCURRENCE S11,000,000 AGGREGATE $1.000.000 DED I X I RETENTION 0 E A WORKERS COMPENSATION LI IUIT AND EMPLOYERS' LIABILrTY MYppNNY PROPFiIETOR/PARTTNNERIEXECUTIVE YIN CEWMEMBER EXCLUDED? � (Mandalory In NH) I yas deacdbe Imder DESCRIPTION OF OPERATIONS bsbw NIA 4087316214 7/01/2017 07101/201 X PER OTH- E L. EACH ACCIDENT $1,000,000 E1. DISEASE - EA EMPLOYEE E1 000 OOD El DISEASE - POLICY LIMB $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlUenal Remarks Schedule, may bo sltachod If more space is required) RE: Event on 07101/2017 - 0613012018, Senior Nutrition and Programs. City of Gilroy, Its agents, officers and employees are included as Additional Insured (General Liability), per the attached. CIty of Gilroy Recreation Department 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2014101) 1 of 1 #S1317482/M13D9532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED W 9898 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PAT18 INSURED: YMCA of Silicon valley POLICY #: 5068898919 POLICY PERIOD: 07101/2017 TO ovotr2ots COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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 Persons Or Organization(s) City of Gilroy, it's agents, officers and employees 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule If not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to In- clude as an additional insured the person(s) or orgarn- zation(a) shown In the Schedule, but only with respect to liability for 'bodily injury ", "property damage" or "personal and advertising injury" caused, in whuie or In part, by your acts or omissions or the acts or omis- slons of those acting on your behalf. A. In the performance of your ongoing operations, or H. In connection wrih your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inr.., 2004 (sage 1 of 1 CERTIFICATE OF COVERAGE This certificate Is Issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreements below. NAME AND ADDRESS OF AGENCY: ORGANIZATION AFFORDING COVERAGE: Municipal Pooling Authority of Northern California Municipal Pooling Authority of Northern California 1911 San Miquel Drive, Suite 100 Walnut Creek, CA 94596 (925) 943 -1100 * FAX (925) 946 -4183 NAME AND ADDRESS OF COVERED ENTITY: City of Gilroy LeeAnn McPhillips HR /Risk Mgmt Dept. 7351 Rosanna Street Gilroy, CA 95020 :e This is to certify that coverage agreements lk-Aed below have been I sued to Uie covered parties named above and are in fora at flits dnhe. No1WL1k tonding any requirement, teen or condition of any contract or othrr document wiUi respect to »hieh thus certificate may be imued or may pertmn, the coverage afforded by the coverage agreements dex-nbed herein is subject to all ttie terms, exclusions, and conditions of such rownge agreements. l TYPE OF COVERAGE 1 COVERAGE AGREEMENT i COVERAGE AGREEMENT -�_ NUMBER i EXPIRATION General Liability MPA17 -18 6/30/2018 I Auto Liability fi MPA17 -18 j 6/30/2018 I Auto MPA17 -18 6/30/2018 Collision and Comprehensive i Workers' Compensation and - Employers Liability MPA17 -18 6/30/2018 Description of Operations /Locations/ Vehicles /Event /Restrictions /Special Items: LIMITS OF LIABILITY per occurrence -- Bodily Injury, Property Damage, Personal Injury Combined $1,000,000 Bodily Injury, Property Damage, Personal Injury Combined $1,000,000 $3,000 Deductible Police Vehicles $2,000 All Other Vehldes Umlt of Liability = $250,000 l SIR $500,00 Workers' Comp = Statutory Employers' Uablrity =$4S million This certificate shall serve as proof that the City of Gilroy is covered for general liability coverage through Municipal Pooling — Authority under the policy described above, subject to the Memorandum of Coverage terms, conditions, and exclusions. Cancelk;bnn: Should any of the abmv de. cOM coverage agreement; be carveled before the erplration date diereor, the isskitng company v,ill ended ), to n+atl 30 days viritten n ttee to the below named certificate holder, but railuia to malt su+.1r notice ;trail Impose no obligatira+ or liability of any kind uixsn the nuthanbj• d agents or represoitative5. CERTIFICATE HOLDER (name and address), City of Gilroy 7351 Rosanna Street I Gilro LCA, 91520--.-- -- - -- - - - - -- - - - - - , Certificate ID: 2300 : 2015 -16 FY LB Praphrod 6y: kb Date Issued: July 10, 2017 Erwin Chanq, Uabllity Claims Manaqer - I