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HomeMy WebLinkAboutCAMBODIAN FAMILY (6)-2010?SU a?+G t A-2010-172-01 '?NOPK MAY 1EURV F 1 j 1 ) x5T Amendment to Extend the Term of the Memorandum of Understanding (MOU) Between Cambodian Family and The City of Santa Ana WORK Center Q 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Cambodian Family and the City of Santa Ana by and through its WORK Center. 2. PURPOSE: The Parties entered into a Memorandum of Understanding dated September 7, 2010 (Agreement #2010-172) for the Santa Ana WORK Center, in conjunction with C Cambodian Family, 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 activities. The Parties desire to enter into this Amendment in order to extend the Term of said MOU Agreement. 3. RESPONSIBILITIES: A) The City of Santa Ana WORK 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 WORK Center. 13) 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 WORK Center personnel at least 1 hour per week, as deemed necessary for monitoring purposes. 6) Provide access to community residents for purposes of job search opportunities. 7) Return the ten (10) loaned computers to the City upon termination of this Agreement. 4. DURATION: The Term of this MOU began on September 1, 2010 and by this Amendment shall remain in effect until June 30, 2013. 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 both Parties. The Executive Director of the Community Development Agency, or her designee ("Executive Director") has authority to sign on behalf of the Santa Ana WORK 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 Executive Director to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Executive Director 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 WORK Center employees will not be entitled to the rights and benefits that Cambodian Family employees receive, in addition, the City of Santa Ana will take full responsibility for worker's compensation for its 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. 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 Amendment to Memorandum of Understanding and all terms of said MOU remain in full force and effect. ATTEST: Maria D. Huizar Clerk of the Council U CITY OF SANTA ANA a municipal corporation of the State of California Paul Walters City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney B isL a E. Storck Assistant City Attorney Recommended for Approval: Nancy T. E rds, Interim Executive Director Community velopment Agency 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 Santa Ana WORK Center will loan ten (10) computers to the Cambodian Family to enhance their current computer lab and provide Santa Ana residents with internet access for the purposes of employment activities. 4 ® A ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DOlYrYYY) 3/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMP Lena Bargas Lake Insurance Agency PHONE (714)838-1912 FAA/C No: (714) 838-7568 653 South B Street, Suite 200 E-MAIL ADDRESS: Lic #0747473 INSURERS AFFORDING COVERAGE NAIC# Tustin CA 92780 INSURER A:Philadel hia Ind. Ins. Co. INSURED INSURER B:Philadel hia Insurance Co. The Cambodian Family INSURERC-Ace Property And Casualty Ins 4th Street 1626 E INSURER D: . INSURER E : Santa Ana CA 92701 INSURER F: RAGES CERTIFICATE NUMBER•CL1231500133 REVISION NUMBER: COVE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED . 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SU D POLICY NUMBER MM DDY/YYYY MMIDDNYYY LIMITS GENERAL LIABILITY X EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 comMERCIAL GENERAL LIABILITY PREMISES Ea occurrence , $ A CLAIMS-MADE ? OCCUR HPK825234 03/09/2012 03/09/2013 MED EXP (Any one person) $ 5 , 000 n PERSONAL & ACV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 X POLICY PRO LOC IFCT $ AUTOMOBILE LIABILITY Ea accident) SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A 2013 ALL OWNED SCHEDULED HPK825234 03/09/2012 03/09/ BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X Per accident AUTOS Non-owned $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1f000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 B 10 00 X HUB372976 03/09/2012 03/09/2013 $ , RETENTIONS DED WORKERS COMPENSATION Y WC STATU- OTH- FIR AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 46440390 06/30/2012 06/30/2013 E.L. EACH ACCIDENT $ 1 000 000 CER/MEMBER EXCLUDED? FF NIA C I O (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability HPK825234 05/25/2012 03/09/2013 Aggregate $3,000,000 Each Incident $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Employee Dishonesty $200,000/$2,500 Ded. City of Santa Ana is additional insured per contract with named 0 insured Schedule of vehicles and drivers on file. "Non Profit organization" 50 ? . O G? S S i. Qrn `J ;zN CFRTIGICATE HOLDER CANCELLATION S (714) 571-1974 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Community Development Agency CDBG-M-25 AUTHORIZED REPRESENTATIVE P.O. Box 1988 Santa Ana, CA 92702 Bob Lake-C/L/LENA ACORD 25 (2010/05) I N S025 rent nnFt m © 1988-2010 ACORD CORPORA LION. An rights reserved. The Arr)pn name and Innn arc reniefererf mar4c of Ar-r)Pn E POLICY NUMBER: PHPK825234 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 rented to you. AS zO Yov vt ApY?,O SI ORC? Ass. to t S?t`J Attorne`I CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ?