HomeMy WebLinkAboutCAMBODIAN FAMILY (7)-2010N INSUPANCE NOT; ON PILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 10.4 -{5
Second Amendment to Extend the Term of the
Memorandum of Understanding (MOU)
°- Between Cambodian Family
and
The City of Santa Ana WORK Center
A- 2010 - 172 -02
1. PARTIES: The parties to this Second Amendment to 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 42010 -172) for the Santa Ana WORK Center, in conjunction with
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. Said Agreement was amended (Agreement #A-2010-172-01) to extend the Term
of said MOU through June 30, 2013.
The Parties desire to enter into this Second Amendment in order to again 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.
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 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 Second
Amendment shall remain in effect until June 30, 2015.
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.
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 frill
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 Second Amendment to
Memorandum of Understanding and all terms of said MOU remain in full force and effect.
ATTEST:
Maria D. Huizar 0
Cleric of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
• BY: Lisa Lisa E. Storc c
Assistant City Attorney
Recommended for Approval:
Io
Sandra D. Gottlieb, Acting Executive Director
Connnunity Development Agency
CITY OF SANTA ANA
a municipal corporation of the
State of California
Carlos Rojas,
Acting City Manager
Cambodian Family
By: /CSC
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.
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