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2020-21 Family YMCA of the Desert MOU Childcare at LQ MuseumMEMORANDUM DATE: TO: FROM: RE: Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ___ Approved by City Council on ___________________________________________ ___ City Manager’s signing authority provided under the City’s Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. ___ Department Director’s or Manager’s signing authority provided under the City’s Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ___ Bid ___ RFP ___ RFQ ___ 3 written informal bids ___ Sole Source ___ Select Source ___ Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ___ Agreement payment will be charged to Account No.: _____________________ ___ Agreement term: Start Date ________________ End Date ________________ ___ Amount of Agreement, Amendment, Change Order, etc.: $____________________ REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! ___ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: ______________________________ Date: _______________ ___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.) ___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ___ Business License No. __________________; Expires: __________________ ___ Requisition for a Purchase Order has been prepared (Agreements over $5,000) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND FAMILY YMCA OF THE DESERT This Memorandum of Understanding (“MOU”) is made by and between the CITY OF LA QUINTA, a California municipal corporation (“CITY”), and FAMILY YMCA OF THE DESERT a non-profit organization (“YMCA”), YMCA along with CITY, sometimes referred to as the “parties”, with respect to the following: RECITALS WHEREAS, the CITY desires to partner with the YMCA to provide childcare services for essential workers during the COVID-19 pandemic; the CITY will provide the use of the La Quinta Museum as the designated site for the YMCA to conduct their childcare program; and WHEREAS, YMCA is qualified by virtue of experience, training, education, certification, licensing, product offering, and expertise to provide these services, and has agreed to provide same as reflected herein; NOW, THEREFORE, CITY and YMCA as the “parties” agree to the following: 1.0 TERM OF MEMORANDUM. 1.1 All Recitals set out above are true and correct. 1.2 This MOU is to remain in effect from July 1, 2020 to June 30, 2021 following its execution by the parties to this MOU. This MOU may be terminated at any time by any of the parties to the MOU with a thirty (30) day written notice to the remaining party. 2.0 OBLIGATIONS OF FAMILY YMCA OF THE DESERT. 2.1 YMCA will provide the services listed on Exhibit A attached and incorporated (“YMCA obligations”). The YMCA Obligations shall comply with any federal, state, and local laws, regulations, orders, and guidelines relating to the providing of childcare and operation of a childcare facility during the COVID-19 state of emergency declared by the Governor of California and City of La Quinta. Such federal, state, and local laws, regulations, orders, and guidelines include but are not limited to: Orders from the Riverside County Public Health Officer, Emergency Resolutions and Executive Orders from the City Council and City Manager, respectively, for the City of La Quinta; and Provider Information Notice (PIN) #20-06-CCP, titled “SOCIAL AND PHYSICAL DISTANCING GUIDANCE AND HEALTHY PRACTICES FOR CHILD CARE FACILITIES IN RESPONSE TO THE GLOBAL CORONAVIRUS (COVID-19) PANDEMIC WRITTEN IN COLLABORATION WITH THE CALIFORNIA DEPARTMENT OF EDUCATION” dated April 7, 2020, from the California Department of Social Services. YMCA shall comply with any and all other applicable federal, state, and local laws and regulations that otherwise generally apply to the providing of childcare and operation of a childcare facility, which are not suspended or superseded by COVID-19 laws, regulations, orders, or guidance. 2.2 Notwithstanding any other provisions in this MOU, YMCA shall not use, nor may YMCA authorize the use of, any funds or other subsidy (of whatever kind) provided by the CITY pursuant to this MOU or any other agreement with the CITY, including but not limited to any funds or other subsidies provided by the CITY for “YMCA obligations” listed in Exhibit A, and “CITY obligations” listed in Exhibit B, to advocate to any person or entity (of whatever organization whatsoever, including but not limited to, sole proprietors, unincorporated associations, limited liability companies, corporations, businesses and public agencies) a position or vote either in favor of or against any measure placed on the ballot for the November General Election, including but not limited to any measure placed on the ballot by the La Quinta City Council asking the City’s electorate to vote on any proposed measure. It is expressly understood and agreed by YMCA that, pursuant to California law, public resources may not be used to advocate or “mount a campaign” in favor of or against any ballot measure. 2.3 If YMCA uses or is alleged to have used, or authorizes the use of or allegedly authorizes the use of, any funds or any other subsidy (of whatever kind) provided by the CITY in violation of Section 2.2 above, YMCA shall: (a) Immediately cease and desist from continuing the violation or alleged violation of Section 2.2 above, (b) Immediately use other funds or subsidies that are not provided by the CITY to pay for or otherwise subsidize the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, (c) Immediately, without reservation or rights or delay, return to the CITY any and all funds and other subsidies provided by the CITY for the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, and (d) Refrain from performing under this MOU, including but not limited to refraining from performing the “YMCA obligations” listed in Exhibit A, unless and until YMCA complies with this Section 2.3 and the CITY authorizes in writing the continuance of performance under this MOU. The CITY shall have no obligation to provide any funds or other subsidies (of whatever kind) under this MOU or any other agreement with the CITY unless and until any violation or alleged violation of Section 2.2 above has been cured as determined by the CITY in its reasonable discretion. The CITY shall have all rights and remedies available at law or in equity, including but not limited to declaratory and injunctive relief, as well as the rights available under this MOU, including but not limited to the indemnity provided in Section 4.0 below, to enforce the provisions herein. In addition to the other provisions in this MOU, this Section and Section 2.2 shall survive the termination or expiration of this MOU. 3.0 OBLIGATIONS OF CITY. CITY will provide access to and services for the facility listed on Exhibit B attached and incorporated (“CITY obligations”). City shall have no other obligation to YMCA other than those listed on Exhibit B, and in no event shall City have any obligation to pay YMCA any money or other in-kind consideration under this MOU. 4.0 INDEMNIFICATION. 4.1 INDEMNITY FOR THE BENEFIT OF CITY. YMCA shall indemnify, protect, defend (with counsel selected by City after consultation with YMCA), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities (of every kind, nature, and description), damages, injury (including, without limitation, injury to or death of: (a) an employee, subcontractor, or invitee of YMCA; (b) any child, parent, or other person using the child care services; (c) any third party or other person alleged to have come into contact with or actually coming into contact with any person using the child care services; and(d) any person who is otherwise included as an Indemnified Party), costs and expenses of any kind, whether actual, alleged or threatened (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), to the extent the same are caused in whole or in part by the services provided by YMCA, its officers, agents, employees or subcontractors under this MOU. 4.2 Obligation to Secure Indemnification Provisions. YMCA agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section 4, as applicable to the YMCA, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of YMCA in the performance of this MOU. In the event YMCA fails to obtain such indemnity obligations from others as required herein, YMCA agrees to be fully responsible according to the terms of this Section 4. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 4.3 Successors-In-Interest. YMCA’s obligation to indemnify, protect, defend, and hold harmless City as set forth in this MOU are binding on the successors, assigns or heirs of YMCA and shall survive the termination of this MOU. 5.0 INSURANCE. The parties agree to provide insurance in accordance with the provisions of this Section. 5.1 Insurance Obligations. Without limiting the indemnification provisions provided herein, YMCA, at its sole expense, shall obtain and keep in force during the term of this MOU and any extensions thereof, a policy or policies of general liability insurance, or equivalent thereof, covering all injuries to persons and damage to property resulting from any actions or omissions of the YMCA in accordance with the terms of this MOU. Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. At the CITY’s option, CITY shall be allowed to self-insure or participate in a public agency joint powers insurance authority for insurance coverage. 5.2 Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept by YMCA in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Abuse or Molestation Coverage - $250K per occurrence/ $500K aggregate Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Professional Liability - $1M per claim and in the aggregate 6.0 ADDITIONAL PROVISIONS. 6.1 In all cases, the language in all parts of this MOU shall be construed according to its fair meaning and not strictly for or against either party, it being agreed that the parties or their agents have all participated in the preparation of this MOU. 6.2 This MOU (which include its exhibits) contains the entire agreement of the parties with respect to the subject matters identified in this MOU and supersedes any prior oral or written statements or agreements between the parties with respect to the subject matters identified in this MOU. 6.3 No termination or expiration of this MOU shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or expiration of this MOU. 6.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this MOU, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys’ fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys’ fees, expenses, and costs incurred in establishing the right to indemnification). 6.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof. 6.6 This MOU is not intended to and does not create any partnership or joint venture between the parties, and each party remains an independent contractor as to the other. Each party shall bear its own liability and there is no joint and several liability as a result of this MOU. Exhibit A YMCA Obligations 1.YMCA Licensed Childcare will provide a childcare program for essential workers, as space allows, on a first come, first serve basis upon notification that is being sent to current childcare families that participate in their existing program. 2.Childcare services will begin on Monday, April 13, 2020 and will operate Monday through Friday during the COVID-19 pandemic. There will be 4 YMCA staff members and 10 children during the first week. Staff will implement new processes, policies, and coordinate the program at this location. Per County of Riverside Public Health guidelines there will be no drop-in childcare allowed. 3.During the second week (April 20-25, 2020) and each week after there will be 2 YMCA staff members and 10 children per identified program areas (one group in the community meeting room space downstairs and one in the museum exhibit space upstairs). An additional YMCA staff member will be scheduled for support needs. 4.YMCA agrees to repair any damages to the facility incurred as a part of their use of the facility. Prior to ending the child care services, YMCA shall thoroughly disinfect and “deep clean” the facility and areas used for child care services as part of the YMCA Obligations; if YMCA fails to thoroughly disinfect and “deep clean” the facility and areas used prior to vacating the City facility, the City shall have the right to charge YMCA for the full costs, plus ten percent (10%) interest or maximum interest rate allowed under law (whichever is less), of such thorough disinfection and “deep cleaning,” and YMCA shall pay promptly said amount within ten (10) days of delivery of the City’s invoice to YMCA. 5.YMCA shall follow COVID-19 Compliance and Protocols (Attachment 1) and shall adjust to modified protocols when necessary. YMCA will use the following at the site: Infrared thermometers for daily noted temperature check. Provide online payment options to minimize cash, check, credit card handling. Specialized participant bags that have hand washing soap, paper towels, markers, hand sanitizer for personal use throughout the day to avoid cross-contamination. YMCA staff members will use two-way radios for communication. Program location will have sanitizing wipes, gloves, and face coverings (bandana, neck gaiter, or homemade face cover) for YMCA staff members as currently recommended. Family YMCA of the DesertCOVID-19EMERGENCY CHILDCARE: City of La QuintaGUIDELINESApril 1, 2020$77$&+0(17 TOPICS COVERED FOR THIS TRAININGGUIDELINESSCREENINGCHECK IN/CHECK OUT PROCEDURESISOLATIONMEALSROLE OF STAFFHEALTHY ENVIRONMENTCLEANINGHANDWASHINGSOCIAL DISTANCINGSTATIONS2 GUIDELINES3 SCREENING4 | PRESENTATION TITLE HERE | ©2011 YMCA of the USAChildren:Upon arrival each child will have their temperature taken each day from inside their vehicle. Anyone with a temperature 100.4 or higher will asked to leave the program.All parents will be asked the following questions each time they drop off their child. If they answer yes, the child will asked to leave.Ɣ +DYH\RXRUDQ\RQHLQ\RXUKRXVHWUDYHOHGWRDQRWKHUFRXQWU\LQWKHODVWGD\V"Ɣ +DYH\RXEHHQLQFRQWDFWZLWKVRPHRQHXQGHULQYHVWLJDWLRQIRURUZLWKDFRQILUPHGFDVHRIFRURQDYLUXV"Ɣ +DYH\RXRUDIDPLO\PHPEHUEHHQLQVWUXFWHGWRVHOITXDUDQWLQH"Ɣ $UH\RXH[SHULHQFLQJV\PSWRPVRILOOQHVV",IVRZKDWV\PSWRPV" SCREENINGStaff:Upon arrival, staff will have their temperature taken from inside their vehical each day. Any staff with a temperature of 100.4 or higher will not be allowed to work.Staff will also have the following questions asked of them. If they answer yes, they will not be allowed to work.Ɣ +DYH\RXRUDQ\RQHLQ\RXUKRXVHWUDYHOHGWRDQRWKHUFRXQWU\LQWKHODVWGD\V"Ɣ +DYH\RXEHHQLQFRQWDFWZLWKVRPHRQHXQGHULQYHVWLJDWLRQIRURUZLWKDFRQILUPHGFDVHRIFRURQDYLUXV"Ɣ +DYH\RXRUDIDPLO\PHPEHUEHHQLQVWUXFWHGWRVHOITXDUDQWLQH"Ɣ $UH\RXH[SHULHQFLQJV\PSWRPVRILOOQHVV",IVRZKDWV\PSWRPV"ALL SCREENING QUESTIONS AND TEMPS WILL BE LOGGED.5 SCREENINGStaff continued…Staff are expected to self-monitor for signs and symptoms of COVID-19 and notify supervisor if any develop (fever or respiratory symptoms)Masks: Use as recommended by City, County, State or Federal officials.6 CHECK IN/OUT PROCEDURES7Check-In Procedures:Check in will be from 7:30am-8:00am: To Be Confirmed The following protocols will be in place at all times during check in:Supplies needed: gloves and wipesłAll staff must wash their hands when they arrive to work. Staff must wear gloves.łStaff will check in entire group before entering the building.łChildcare staff will escort child to bathroom to wash hands as soon as entire group has arrived.łEach family will have their own clipboard.łParents must stay in their car at all time.łAll staff wash hands once check in is over and sooner as needed.Staff should refrain from touching their face. Check-Out ProceduresCheck out: 5:00pm-5:30pm: To Be ConfirmedThe following protocols will be in place at all times during check out:Supplies needed: gloves and wipesłStaff will work check out. Must wear glovesłParents will stay in their car and show us their ID through the passenger side with the window rolled up.łOnce ID is verified, staff will give the sign in sheet to the parents through the passenger side window. łParents will be asked to use hand sanitizer on their hands before receiving the clipboard. ISOLATIONIf a child develops symptoms of a fever of 100.4 while in the program, the following will take place:-Child will be isolated immediately away from other children and staff. Upstairs room.-Parent will be called to be picked up immediately.-NotifyJustin Hickey or Paula Simonds immediately.-Cleaning guidelines will be followed immediately in the area the child was.8 MEALSMeal Preparation/Time:PARTICIPANTS WILL BRING OWN SNACK/LUNCHStaff and children will not eat at the same time to allow staff to adequately clean hands and disinfect surfaces between meals.Meal Preparation Guidelines:łAll surfaces will be disinfected at the beginning of each shift and before meal preparation and/or feedings using CDC and EPA approved products.łAll staff will wash hands before and after meal preparation, if food being prepared on site.‡9 ROLE of STAFFStaff will serve in the following capacities:Operate check in and check out car line each dayAssist with supervising children as needed (help maintain ratio; bathroom/meal breaks for staff)Cleaning of areas after children have left them. Cleaning of supplies after use.10 HEALTHY ENVIRONMENTS11 CLEANING GUIDELINESSTAFF SHOULD FOLLOWING THE GUIDELINES BELOW FOR CLEANING:łWear disposable gloves for all tasks in the cleaning process, including handling trash.żAdditional personal protective equipment (PPE) might be required based on the cleaning/disinfectant products being used and whether there is a risk of splash.żGloves should be removed carefully to avoid contamination of the wearer and the surrounding area.CLEANINGłClean surfaces using soap and water. Practice routine cleaning of frequently touched surfaces.High touch surfaces include: Tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, sinks, etc.THESE AREAS SHOULD BE CLEANED AND DISINFECTED EVERY HOUR BY CLEANING TEAM12 CLEANING GUIDELINESDisinfectłUse diluted household bleach solutions if appropriate for the surface. Check to ensure the product is not past its expiration date. Unexpired household bleach will be effective against coronaviruses when properly diluted.Follow manufacturer’s instructions for application and proper ventilation. Never mix household bleach with ammonia or any other cleanser.To make a bleach solution, mix:ż5 tablespoons (1/3rd cup) bleach per gallon of waterORż4 teaspoons bleach per quart of waterłAlcohol solutions with at least 70% alcohol.łHousehold cleaners and disinfectants: Clean the area or item with soap and water or another detergent if it is dirty. Then, use a household disinfectant.Follow the instructions on the label to ensure safe and effective use of the product.Many products recommend:żKeeping the surface wet for several minutes to ensure germs are killed.żPrecautions such as wearing gloves and making sure you have good ventilation during use of the product.łMostEPA-registered household disinfectant should be effective.13 HANDWASHINGWash your hands often with soap and water for 20 seconds.żAlways wash immediately after removing gloves and after contact with an ill person.żHand sanitizer: If soap and water are not available and hands are not visibly dirty, an alcohol-based hand sanitizer that contains at least 60% alcohol may be used. However, if hands are visibly dirty, always wash hands with soap and water.Additional key times to wash hands include:żAfter blowing one’s nose, coughing, or sneezing.żAfter using the restroom.żBefore, during and after preparing food.żBefore eating foodżBefore and after treating a cut or wound.żBefore and after providing routine care for another person who needs assistance (e.g., a child).14 SOCIAL DISTANCINGSocial distancing of children six feet apart and separating children into smaller groups that fall within state or local guidelines. Ratio of 1:12 to include 2 adults and 10 children. To the degree possible, maintain the same groups from day to day. This will help reduce potential exposures and may prevent an entire program from shutting down if exposure does occur.Use hulahoops, poly dots or approved floor tape to mark 6ft distances. If sitting at tables, students should be at opposite ends (head of table) with no more than two per table.Room should never have more than 12 people in them including staff. Only exception is the gym with the divider curtain down and no more than 12 on each side. Staff are included in this count.Do not share equipment and clean equipment in between use.No mixing of students from groups; no combining during check in and check out into larger groups. WE MUST MAINTAIN 1:10 IN A SPACE AT ALL TIMES.15 SOCIAL DISTANCINGIncorporate social distancing within groups to the degree possible, aiming for at least six feet between children and minimizing the amount of time children are in close contact with each other.łEliminate large group activities.łIncrease the distance between children during table work.łPlan activities that do not require close physical contact between multiple children.łLimit item sharing, and if items are being shared, remind children not to touch their faces and wash their hands after using these items.łIncorporate additional outside time and open windows frequently.łOutside time and lunch should be taken with group (no large gatherings or combining groups.)Outside playWhen multiple groups are outside at the same time, they should have a minimum of six feet of open space between outdoor play areas. Always wash hands immediately after outdoor play time.16 STATIONSStations Expectations:Stations need to be individual activities. We still need to practice social distancing during these activities. After each use by youth the activities need to be disinfected or sanitized by Lysol or Approved Cleaning solution and air dried.Examples of Approved Stations:LegosLincoln LogsPlastic ManipulativesNon-Foam BlocksBoard games (w/social distancing example sitting on one ends of the tables): clean after each useKinexsToy CarsPlastic Action FiguresSewing paper plates with yarnQ-Tip for PaintingCup Stacking (plastic cups only)Drawing w/markers and colored pencils NO crayonsNOT Approved Stations:Play-DoughKinetic SandBoard Games that are paperSoft Surface BlocksCloth ToysCrayonsAnything that does not air dry within 10 minutes of sanitation solution 17 PROOF OF COMPLETIONTHANK YOU FOR WATCHING THIS IMPORTANT TRAINING TO ENSURE YOU AND THE CHILDCARE IN OUR CARE REMAIN SAFE DURING THIS TIME.PLEASE SEND AN EMAIL TO CONFIRM COMPLETIONjustinhickey@desertymca.org18 QUESTIONSPLEASE EMAIL YOUR QUESTIONS TO justinhickey@desertymca.orgpaulasimonds@desertymca.org19 Exhibit B CITY Obligations 1.The CITY shall provide use of the community meeting room and second level museum exhibit space at the La Quinta Museum located at 77-885 Avenida Montezuma. Use of these spaces will allow access to tables and chairs. 2.The City will provide a key to the La Quinta Museum to the YMCA for access to the building. 3.The CITY will continue providing janitorial services for the La Quinta Museum Monday through Friday.