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HomeMy WebLinkAboutCAMBODIAN FAMILY (5)-2010A-2010-172 INSURANCE ON ^!D- WORK MAY PRO. i?NT1L INsURA ?' `- - , l 3 A CLER o` `'' Memorandum of Understanding (MOU) SEP 2 7 ?010 between Cambodian Family and The City of Santa Ana W/OlRIK Center 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Cambodian Family and the City of Santa Ana W/O/R/K Center. 2. PURPOSE: The Santa Ana W/O/R/K Center, in conjunction with Cambodian Family, endeavors to establish a satellite facility located at The Cambodian Family, 1626 E. Fourth Street, Santa Ana, California 92701, in order to provide and/or coordinate workforce development services to individuals, providing them with internet access for job searches and KeyTrain computer based training software. 3. RESPONSIBILITIES: A) The City of Santa Ana W/O/R/K Center shall perform the following: 1) Loan ten (10) computers to Cambodian Family to enhance its computer lab. 2) Accept referrals to the Santa Ana W/O/R/K Center and Job Tech program. B) Cambodian Family shall perform the following: 1) Provide and pay the cost of internet service; 2) Maintain loaned computers and software, and provide insurance for such equipment as determined necessary; 3) Provide additional computers, printers, and computer enhancements; 4) Provide a room for workshops and orientations on an as needed basis; and 5) Provide access to the site for W/O/R/K Center personnel at least 1 hour per week, as deemed necessary for monitoring purposes. 6) Submit monthly reports; 7) Attend monthly partner meetings; 8) Return the ten (10) loaned computers to the City upon termination of this Agreement. 4. DURATION: This MOU shall start on September 1, 2010 and shall remain in effect until June 30, 2011. 5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the Deputy City Manager for Development Services, or her designee ("Deputy City Manager"), on behalf of the W/O/R/K Center. 6. CONFIDENTIALITY: If Cambodian Family 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 Agreement, and Cambodian Family 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 Agreement. 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 Cambodian Family disclosed in a publicly available source; (c) is in rightful possession of Cambodian Family without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by Cambodian Family without reference to information disclosed by the City of Santa Ana. 7. 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 Deputy City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Deputy City Manager's resolution efforts fail, any party may file a grievance with the Deputy City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 8. 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. 9. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California. 10. 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. City of Santa Ana W/O/R/K Center employees will not be entitled to the rights and benefits that Cambodian Family employees receive, in addition, City of Santa Ana W/O/R/K Center will take full responsibility for Worker's Compensation for their employees. 11. ACCESSABILITY: Cambodian Family will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act. 2 12. 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 C Clerk of the Council CITY OF SANTA ANA a municipal corporation of the State of California David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney Cambodian Family By: Sundaram Rama Executive Director EXHIBIT A Cambodian Family Job Tech Center DOL - Earmark Grant The Cambodian Family is a non-profit agency that serves Santa Ana residents and provides opportunities for refugee and immigrant families to develop knowledge and skills necessary for employment. The Cambodian Family will partner with the Santa Ana WORK Center's Department of Labor Job Tech program which provides training and employment services to Santa Ana Residents. The Santa Ana WORK Center will loan ten computers to the Cambodian Family to enhance the current computer lab and provide Santa Ana residents with internet access for the purposes of employment activities. Additionally the Cambodian Family will provide access to KeyTrain software, a computer based reading, math, and computer literacy training program for participants that are deficient in basic skills. The Cambodian family will provide referrals to the Job Tech program and attend monthly partner meetings. The Cambodian Family will submit monthly reports on the following measures: • Number of referrals to the Job Tech Program • Number of clients using the PC Lab for Key Train • Number of clients using the PC Lab for Job Search access 4 _ACORD DATE (MM/DD/YYYY) TM CERTIFICATE OF LIABILITY INSURANCE 03/24/2010 PRODUCER (714)838-1912 FAX (714) 838-7568 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lake Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13891 Newport Ave., Suite 285 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lic #0747473 Tustin, CA 92780 INSURERS AFFORDING COVERAGE NAIC # INSURED The Cambodian Family INSURER& Philadelphia Ind. Ins. Co. 1111 East Wakeham Avenue INSURERB: Philadelphia Insurance Co. Suite E INSURERC: Santa Ana, CA 92705 INSURER D: _ .=?r INSURER E: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES A(C PF=r-aTF I innlTS QI.InIAM KAAV UAVO DOCK. --- n INSR DD' TYPE OF INSURANCE POLICY NUMBER _ POLICY EFFECTIVE DATE (MMtDD/YY) POLICY EXPIRATION LIMITS GENERAL LIABILITY X PHPK528579 03/09/2010 03/09/2011 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED " Prance) $ 100,000 A CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,00( PERSONAL & ADV INJURY $ 1 000 , ,00( GENERAL AGGREGATE $ 3 000 . , ,00( GEN L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS - COMP/OP AGG $ 1,000,00( POLICY JECT LOC AU TOMOBILE LIABILITY PHPK528579 03/09/2010 03/09/2011 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X F X HIRED AUTOS NON-OWNED AUTOS ??qq JP? Iro - - - BODILY INJURY (Per accident) $ E, ?f C?CK PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY Assists t City AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY X PHUB298219 03/09/2010 03/09/2011 EACH OCCURRENCE $ 1, 000, 000 B OCCUR CLAIMS MADE AGGREGATE $ $ 1,000,000 DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- JQRY LIMITS ER ANY PROPRIETOR/PARTNERlEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. EACI I ACCIDENT $ If yes, describe under E.L. DISEASE - EA EMPLOYEE $ DESC SPECIAL PROVISIONS below OTHER RIPTION OP nDFAAT-. i I n E.L. DISEASE - POLICY LIMIT $ _ °txcept 10 days for non °' °1 icrv 1 ! At Cl IHL YKVVISIONS payment of premium. Employee Dishonesty $200,000/$2,500 Ded. 'rofessional Liability $1,000,000 Each Occ/$3,000,000 Aggregate. City of Santa Ana is named additional insured per contract with named insured. Schedule of vehicles and drivers on file. "Non Profit organization" City of Santa Ana Community Development Agency CDBG-M-25 P.O. Box 1988 Santa Ana, CA 92702 ACORD 25 (2001108) FAX: (714) 571-1974 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL IXM MAIL 39" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, A(J?KXsYdCD?D(n10rs?4?f?CD(dfd??6XIxXnX?61?KX?(Dd?A(?iX?XA6bEJGXXXX IV= ©ACORD CORPORATION 1988 POLICY NUMBER: PHPK528579 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) The Santa Ana Empowerment Corporation and the City of Santa Ana 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 or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or to royL% rented to you. E• '? Att Kney ti 1?A } (',qty CG 20 26 07 04 © ISO Properties, Inc., 2004 : Page 1 of 1 ?