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HomeMy WebLinkAboutSecond Harvest Food Bank - Food Distribution (2019)vim} SECOND HARVEST Site Agreement of SILICON VALLEY g Second Harvest of Silicon Valley ("Second Harvest") collaborates with charitable and other tax-exempt organizations in making food available to people in need in Santa Clara and San Mateo Counties. To that end, Second Harvest and the City of Gilroy ("City") enter into this Site Agreement ("Agreement') and hereby agree to the following: Second Harvest Responsibilities: 1. Second Harvest will deliver products to the Gilroy Senior Center ("Site") in quantities and assortments and at times as Second Harvest and City agree. Second Harvest will retrieve leftover bins, barrels, cardboard, and pallets in a timely manner. Second Harvest volunteers will be responsible for cleaning the area when finished with the distribution. 2. Second Harvest will ensure that all products delivered to or distributed from Site are fit for consumption by standards set by the California Department of Public Health and any other applicable laws, licenses, standards or policies, at the time of distribution. Second Harvest agrees to be responsible for any illness, injury or death to any person suffered as a result of the products delivered to or distributed from Site not meeting health standards, as described herein. 3. Second Harvest volunteers will use the donated area during the agreed scheduled distribution time. 4. Second Harvest staff will monitor the City's activities related to providing services at Site under this Agreement on a regular basis as Second Harvest determines appropriate. All Second Harvest volunteers and program participants must adhere to established guidelines in order to participate at the Site location. If an incident occurs with a volunteer or participant, Second Harvest staff will notify the reporting agent as to what action has taken place on the reported issue(s). 5. Second Harvest will work cooperatively with and provide assistance to Second Harvest volunteers including technical support and training about client eligibility guidelines, safety, and other matters as Second Harvest determines is appropriate. Each Site will have a volunteer Site chairperson(s) who will be assigned to assure that the weekly operation goes smoothly. (The exception will be satellite Sites or programs where the staff of the location takes over this responsibility.) 6. Second Harvest operates under a policy of zero tolerance for discrimination, harassment, and retaliation. Second Harvest is committed to providing a respectful environment that is free from unlawful discrimination and harassment based on race, color, citizenship, religion, gender, national origin, ancestry, age, marital status, disability, sexual orientation including gender identity or expression, unfavorable 4832-8212-1635v2 CCHU104706083 Need food? 1-800-984-3663 Want to donate? 1-866-234-3663 SECOND HARVEST Site Agreement of SILICON VALLEY g discharge from the military or status as a protected veteran. Any person who believes he or she has been discriminated against in any activity should contact (408) 266- 8866 or (650) 610-0800. Site Sponsor Responsibilities: 1. The Site will be made available, at no charge to Second Harvest, as a distribution location on an agreed schedule for distribution of food to eligible clients. Second Harvest and City may change the dates and hours of distribution upon advance mutual agreement. The Site at all times must be accessible by delivery truck and have room for tables, pallets and food recipients. 2. Second Harvest or City will distribute food only to persons who meet Second Harvest eligibility criteria and who otherwise are low-income, needy, ill, or infant individuals for use in Santa Clara or San Mateo counties. Second Harvest or City will not charge recipient for food. Second Harvest or City will distribute the food on a first -come, first - serve basis or by appointment, and take reasonable steps to ensure that each recipient receives an appropriate supply. Second Harvest or City will distribute leftover food to late arrivals or other needy recipients as defined by Second Harvest or City. 3. City will not require any individual to participate in religious activities (such as attending religious services, prayer, or counseling sessions) in order to receive Second Harvest products. 4. Site should be free of hazards. Site must properly display emergency exits and safety protocols and fire extinguishers must be located on Site and inspected regularly. 5. Second Harvest volunteers will consolidate all excess product, trash, cardboard etc. at the end of distribution, if necessary, for pickup by Second Harvest. 6. City staff or volunteers will not engage in discrimination, in the provision of services under this Agreement, against any person because of race, color, citizenship, religion, gender, national origin, ancestry, age, marital status, disability, sexual orientation including gender identity or expression, unfavorable discharge from the military or status as a protected veteran. 7. Second Harvest volunteers will not sell, barter, or exchange Second Harvest products for money, property, or services. Second Harvest volunteers my not require or accept from recipients any donations in conjunction with, as a condition of, or in relation to the receipt of Second Harvest products. Second Harvest volunteers will not transfer Second Harvest products to another organization without first obtaining written consent from Second Harvest. 4832-8212-1635v2 CCHUk04706083 Need food? 1-800-984-3663 Want to donate? 1-866-234-3663 SECOND N HAVALRVESTof Site Agreement 8. As required by the program type, Second Harvest volunteers will maintain appropriate storage space and otherwise take actions to ensure food and other products received from Second Harvest remain in good condition from time of receipt to distribution. City staff and volunteers providing services under this Agreement will observe safe and proper handling practices of all product, which conforms to all local, state and Federal regulations. 9. Second Harvest volunteers will send a representative to attend all meetings as scheduled or requested by Second Harvest. 10. Second Harvest Site chair(s) will train volunteers on Site -specific safety procedures and what to do in an emergency. 11. As required by the program type, Second Harvest Site chairs, staff or volunteers will collect information and maintain appropriate records of its activities under this Agreement, including, without limitation, information about (i) the number of households and individuals served and (ii) volunteer participation, hours worked and contact data. City will retain these records for at least 3 years and make them available for review by Second Harvest upon reasonable request. 12. After specific training, Second Harvest Site chair(s) and volunteers can screen and enroll applicants based on Second Harvest's eligibility criteria. For Family Harvest, City will submit completed applications at least 1 week prior to the distribution and confirm total headcount at least 10 days prior to distribution. For Produce Mobile, City will complete the required client self -certification sign -in form and confirm total headcount at least 14 days prior to distribution. For other programs, Site chair(s) and volunteers will complete required client self -certification sign -in form and confirm total headcount at least 10 days prior to distribution. 13. The Second Harvest Site chair(s) or volunteers will contact Second Harvest immediately if there are perceived problems with the distribution, participants, and/or volunteers, any theft or other loss or any receipt by Second Harvest volunteers of any claims or reports of illness relating to Second Harvest products distributed by Second Harvest volunteers. Please address questions or concerns to the above contact numbers. 14. City and Second Harvest volunteers, providing services under this Agreement, will comply with all laws, regulation and ordinances, and will comply with all organizational and client eligibility, operational, record keeping, or any other Second Harvest or Feeding America requirements, that relate to City's activities under this Agreement. 4832-8212-1635v2 CCHUW4706083 Need food? 1-800-984-3663 Want to donate? 1-866-234-3663 SECOND HARVEST Site Agreement of SILICON VALLEY g 15. City will perform and verify that a national background check has been passed by any and all City staff or volunteers, providing services under this Agreement, with direct repetitive contact with children. General Provisions: City confirms to Second Harvest that it is either a California nonprofit corporation or a religious organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code, or a government entity or public school. City will promptly notify Second Harvest of (i) any changes in such organizational status or in its status as a tax- exempt entity; (ii) any changes in the key personnel responsible for carrying out its responsibilities under this agreement; or (iii) loss of other funding or any other development that has or could harm its ability to carry out its responsibilities under this Agreement. 2. Second Harvest may during normal business hours and without notice inspect and monitor the Site and all facilities used by City regularly in carrying out its activities under this Agreement. This does not impose any duty on Second Harvest to inspect any City facility, as described herein, or assume any liability of any kind arising from inspecting or not inspecting any such facility. 3. Any outside group/organization wishing to distribute materials and/or make presentations at the Site during the Second Harvest distribution must get advance written permission from Second Harvest. 4. No food other than that provided by Second Harvest may be distributed during this time. 5. City and Second Harvest will maintain appropriate liability insurance. Parties will provide to each other upon request a Certificate of insurance confirming this coverage and naming the other party as additional insured. 6. Parties will indemnify, defend, and hold the other party harmless from and against any and all claims, liabilities, losses, damages, and expenses, including without limitation, claims arising from death or personal injury, taxes, and attorneys' fees and expert witness costs, arising from or in relation to: (i) any breach of its obligations under this Agreement; or (ii) any other act or omission by Party. Parties will have no obligation to indemnify the other party to the extent the liability is caused by the other party's gross negligence or willful misconduct. 4832-8212-1635v2 CCHUk04706083 Need food? 1-800-984-3663 Want to donate? 1-866-234-3663 SECOND HARVEST Site Agreement of SILICON VALLEY y 7. City and Second Harvest are independent contracting parties and separate legal entities. This Agreement is not intended to and does not create a partnership, joint venture, employment, fiduciary, control or similar relationships for any purpose. Neither party has the power or authority to bind or obligate the other to a third party or commitment in any manner. 8. This Agreement is the entire agreement between Second Harvest and City and supersedes prior or contemporaneous written and oral agreements, negotiations, correspondence, course of dealing, and communications between Second Harvest and City relating to the same subject matter. 9. This Agreement may be amended only as stated in writing, signed by both parties, which states that it is an amendment to this Agreement. 10. This Agreement may be terminated (i) by the written consent of City and Second Harvest at any time, or (ii) by either party upon 30 days' written notice to the other party. Second Harvest may terminate this Agreement immediately if City dissolves, liquidates, ceases to engage in its general operations or operations specific to Site, loses its tax-exempt status, breaches any terms of this Agreement or makes any false statement to Second Harvest. Such a termination will be effective upon delivery by Second Harvest to City of a notice to that effect. This agreement will be in effect from August 30, 2019 or until revoked, in writing, by either party. Second Harvest of Silicon Valley Signature: Name: Bruno Pillet Title: Vice President of Proqrams & Services Date: August 30, 2019 City of Gilroy Signature: 1\ PJ,n DeLe� Name: w Title: Uyv,Pr.S hr,1 T)irT(+r)(- Date: 5 I-(kam Ier <o t ;;Lc, 101 (Zv ST. Apt v to Form 4832-8212-1635v2 CCHU104706083 r1f l �% Cit Attome Need food? 1-800-984-3663 Want to donate? 1-866-234-3663 Owl SECOND a SECOND HARVEST of SILICON VALLEY Site Agreement 7. City and Second Harvest are independent contracting parties and separate legal entities. This Agreement is not intended to and does not create a partnership, joint venture, employment, fiduciary, control or similar relationships for any purpose. Neither party has the power or authority to bind or obligate the other to a third party or commitment in any manner. 8. This Agreement is the entire agreement between Second Harvest and City and supersedes prior or contemporaneous written and oral agreements, negotiations, correspondence, course of dealing, and communications between Second Harvest and City relating to the same subject matter. 9. This Agreement may be amended only as stated in writing, signed by both parties, which states that it is an amendment to this Agreement. 10. This Agreement may be terminated (i) by the written consent of City and Second Harvest at any time, or (ii) by either party upon 30 days' written notice to the other party. Second Harvest may terminate this Agreement immediately if City dissolves, liquidates, ceases to engage in its general operations or operations specific to Site, loses its tax-exempt status, breaches any terms of this Agreement or makes any false statement to Second Harvest. Such a termination will be effective upon delivery by Second Harvest to City of a notice to that effect. This agreement will be in effect from August 30, 2019 or until revoked, in writing, by either party. Second Harvest of Silicon Valley Signature: Name: Bruno Pillet Title: Vice President of Proqrams & Services Date: August 30, 2019 „Igi!St 2019 4832-8212-1635v2 CCHM04706083 City of Gilroy Signature: Name: Title: Date: App , v to Form Citq At orne Need food? 1-800-984-3663 Want to donate? 1-866-234-3663