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HomeMy WebLinkAboutYMCA - 2018 MOU for SFSP and CACFP61 M the FOR YOLITH DEVELOPMENT' FOR HEALTHY LIVING FOR SOML RESPONSIBILITY MEMORANDUM OF UNDERSTANDING BETWEEN YMCA OF SILICON VALLEY AND CITY OF GILROY FOR PROVISION OF THE SUMMER FOOD 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 St da of 301 2017 b and between City of Gilroy at g( )� � Y S.1lL� Y Y Y 7351 Rosanna Street, Gilroy, CA 95020 ( "CG ") and YMCA of Silicon Valley, 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 Program, ( "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 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 invoice 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 YMCA shall invoice 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: N 1. Based upon the training provided by YMCA, CG 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, 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 %50 of the regular price for such meals. Revolution Foods is also authorized to charge CG a 10% 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. 1 TERM The term of this MOU shall be from the Date of Execution and shall continue through September 30, 2018. CG and YMCA may mutually extend the term of this MOU for three (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 September 30, 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. 3 Part Agency icial Signatur SFSP Sp nsor Official Signature: Participant Agency Offici e: SFSP Sponsor Official Name: Sandy Berlin Walker itle: Title: President & CEO Telephone Number: Telephone Number: 408 - 846 -0202 408.351.6400 ext. 6413 Date: Date: 11/Z7// 7 Approved as to Form: Gilroy C Atto y's Office By: City Attomey