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Home My WebLink AboutAMERICAN ONTRACK�., City of Santa Ana 1 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and4M ! M', ?O Am p; amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements C) T C`'� OF SF NIA A NA have been satisfied prior to signing the termination form. CLE,"Rr i OFCOUNCIL Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30) Call 647-1520 if you have any questions. The agreement with A-2018-135-24A No. was completed on V `% and final payment has been made. (List all amendmenrs. u3e apace below if needed.) / 2 Department: (J P Phone/Ext.: �((/ Signature: Date: Revised: 10-18-16 A -2018-135-24A "nANtiE: i dOT REQUIRED 1NORK MAY PROCEED CLERK OF COUNCIL Memorandum of Understanding (MOU) SEP ?_ 4 2018 between e� America On Trac ?� Zl�P<� and The City of Santa Ana W/O/RIK Venter 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are America On Track and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with America On Track endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higber-paying job. 3. RESPONSIBILITIES: A) The Work Center shall perform the following: 1) Accept referrals to the Work Center. B) America On Track shall perform the following: 1) Provide Work Center information to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment I and incorporated herein by reference. 4. DURATION: This MOU shall commence on July 1, 2018, and shall remain in effect through June 30, 2019.. 5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center. 6, CONFIDENTIALITY: If America On Track receives information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and America On Track agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of America On Track disclosed in a publicly available source; (c) is in rightfut possession of America On Track without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by America On Track without reference to information disclosed by the City of Santa Ana. ACCESSABILITY: America On Track will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act. 8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures. 10. DISCRIMINATION: America On Track shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. America On Track affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California. 13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Aey n By: R� a sri O. i--Ckbdge Assistan City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA a municipal corporation of the State of California 'Raul Godmez It �r — City Manager America on Track Claire Braeburn �--- Executive Director C ,a>c Carlos De La Riva Center Director Santa Ana WORK Center