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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (3) City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with (gl,P 034) j,1/ ca .1-1 .11,0� No. .C - was completed on e-°/ O !f 5 and final payment has been made. (List all amendments. Use space below if needed.) Department: Cb i Phone/Ext.: t ,1 Signature: . Date: CPI I Z i,lLar V Revised 08-23-10 gG Z 0 241 N -2014 -108 MEMORANDUM OF UNDERSTANDING Santa Ana Work Center, City of Santa Ana and Santa Ana Unified School District This Memorandum of Understanding ( "MOU ") is entered into between the City of Santa Ana by and through its WORK Center ( "Provider ") and the Santa Ana Unified School District ( "District ") to memorialize the terms under which Provider will deliver services to District students at schools or other facilities within the District. 1. Term. This MOU is effective for a one -year period beginning January 29, 2014 and will terminate June 30, 2015 Either party may terminate this MOU at any time with 30 days' written notice of termination to the other party. 2. Services. The services to be rendered by Provider ( "Services ") are described in the Scope of Work attached to this MOU and incorporated by this reference as though fully set forth. Provider will render the Services to students who are enrolled in District schools or programs ( "Students "), who have requested and been given permission to receive the Services, on dates and at times to be mutually agreed upon by Provider and District. Qualifications. Provider represents that the individuals and teams, as applicable, providing the Services are qualified to do so. a.. All personnel assigned by Provider to deliver Services hereunder shall be appropriately licensed, credentialed, certified, or otherwise experienced or trained to provide such Services to public school students in the State of California. b. Provider will furnish to the District the names of the individuals and, upon request, copies of their certifications or licenses if applicable. C. Provider shall ensure that all employees or contractors who will have contact with Students have been cleared through a fingerprinting process or submitted to a volunteer clearance. 4. Applications and Permissions. Provider will furnish the District and /or school administration, as appropriate, with a sufficient number of applications, consent forms, or similar paperwork for Students and Students' parents or guardians to complete as necessary to authorize the provision of Services. District's Obliyations. The District will facilitate delivery of the Services by: a. Making announcements, as appropriate, to Students and their parents and guardians sufficiently in advance of the service delivery date to allow for reasonable arrangements so the maximum number of Students can receive the services. b. Distributing Provider's printed applications, consent forms, or similar paperwork, and HIPAA Notice of Privacy Practices at appropriate times. Students' parents or guardians will be instructed to return completed paperwork in a manner that 005382.01007 10910282.1 protects the confidentiality of the Students' protected health information, as applicable. C. Collecting completed applications, consent forms, or similar paperwork from Students in advance of the date(s) on which the Services are to be delivered, and delivering the completed paperwork to Provider as far in advance of the service delivery date(s) as reasonably possible. District or school personnel will deliver paperwork to Provider in a manner that protects the confidentiality of this information. d. Allotting usable space in the District school or facility on the service delivery date(s) that is sufficient for Provider to furnish the Services in an appropriately private and secure setting. e. Assisting as needed in the transport of Students seeking Provider's Services to and from their classroom and the delivery location. f. Cooperating with Provider's management and staff to accomplish the objectives of this MOU. 6. Discretion. The District reserves the right to refuse entry to its schools or facilities by any agent of the Provider who, in the sole discretion of the District, poses any risk to Students, staff, or property of the District. 7. Payment. The Services are to be delivered to Students in SAUSD at no charge to the District other than incidental administrative costs associated with the District's obligations under this MOU. The District will riot pay Provider for its Services 8. Insurance. Provider will secure and maintain a Commercial General Liability Policy (including coverage for contractual liability) with limits of not less than $1,000,000 per occurrence or claim. Provider will secure and maintain Malpractice Errors and Omissions Policy with limits of $1,000,000 per claim and $3,000,000 aggregate, or provide proof of self - insurance. Provider will secure and maintain Business Automobile Liability Insurance for automobiles owned, leased or hired by Provider with a combined single limit of not less than $1,000,000 per occurrence. Provider will deliver a copy of such insurance policies to District upon request. Provider will further provide all required worker's compensation insurance for its employees, if any. All of the insurance policies described in this paragraph will be maintained at Provider's expense. The District shall be listed as an additional named insured on all of the policies described in this paragraph. 9. Indemnification. Provider will defend, indemnify, and hold harmless the District and its agents, contractors, employees, and governing board members, from and against all claims, damages, losses, and expenses (including, but not limited to attorney's fees, costs, and fees of other professional consultants) arising out of the negligent acts or omissions of the Provider or its respective agents, contractors, or employees during or related in any way to the offer or delivery of Services under this MOU, except to the extent arising from the sole negligence or willful misconduct of the District. 005382.01007 10910282.1 10. Compliance with Law and District Policy. The parties will adhere to all applicable laws, regulations, and District policies in the performance of their respective responsibilities under this MOU, including but not limited to HIPAA and laws and regulations related to the confidentiality of Student records, which are incorporated herein by this reference. 11. Responsibilities. This MOU describes the mutual agreements and obligations of the District and the Provider for the sole purpose of rendering the Services to District Students. It does not place any additional responsibilities on either party or imply any transfer of responsibility from one to the other or sharing of statutory responsibilities. 12. No Third Party Beneficiaries. Nothing in this MOU, express or implied, is intended or shall be construed to confer on any person or entity other than the parties hereto any remedy or claim under or by reason of this MOU or any term, covenant, or condition hereof, as a third party beneficiary or otherwise. 13. Independent Relationship. The parties acknowledge and agree that the relationship created between the District and Provider is strictly that of an independent contractor with respect to the Services described. Nothing contained in this MOU shall be construed as creating any other type of relationship between the parties such as that of a principal- agent, master - servant, or employer- employee between Provider and the District. No party to this MOU nor any of its agents shall have any claim hereunder or otherwise against the other party for payment of employment taxes, workers' compensation, vacation, sick leave, retirement benefits, social security benefits, disability benefits, unemployment insurance, or employee compensation or benefits of any kind. 14. Nondiscrimination. Neither the District nor the Provider shall discriminate on the basis of race, religion, sex, sexual orientation, national origin, age or disability in employment or in the delivery of Services hereunder. 15. Non - Assignment. Neither party shall assign, transfer or subcontract the rights, duties or obligations called for under this MOU without the written consent of the other party. 16. Entire Agreement. This MOU constitutes the entire understanding between the parties and supersedes all prior agreements, representations or understandings between the parties relating to the subject matter hereof. It may be changed or modified only by a supplemental written agreement between the parties. 005382.01007 10910282.1 Scope of • Responsible Partner Description of Services • Shall provide workshops that relate to work Carlos de la Riva readiness, youth programs, and community Economic Development Specialist IV resources to students at Community Day High Santa Ana WORK Center School and other SAUSD schools as appropriate i Shall evaluate and modify, if necessary, the Santa Ana WORK Center workshops, schedule, or services within 3 -6 1000 E. Santa Ana Blvd. Suite 200 months of the initial workshop Santa Ana, CA 92701 . Shall ensure that all staff and partners working at school sites during school hours and activities occurring on school days receive appropriate clearances per SAUSD procedures and protocols • Shall ensure confidentiality of records relating to delivery of the services to District students • Shall ensure the space provided by the District for delivery of services is left in clean and usable condition Katy Castellanos, Principal, Alternative Education • SAUSD will provide liaison between targeted Heidi Cisneros, Executive Director, PSS school sites and Santa Ana WORK Center to Sonia Rodarte- Llamas, Director School Climate facilitate communication and implementation Pupil Support Services (PSS) . Shall collaborate with Santa Ana WORK Center Santa Ana Unified School District (SAUSD) to schedule dates, locations and determine targeted school sites services. f Shall provide appropriate designated spaces needed to provide services. s Shall provide parking spaces for staff. Shall ensure that the maximum number of students requesting Santa Ana WORK Center have the opportunity to receive services. 005382.01007 10910282.1 PROVIDER: City of Santa Ana Santa Ana WORK Center 1000 E. Santa Ana Blvd. Suite 200 Santa Ana, CA 92701 By: Nancy Fong, AICP Interim Executive Director ndi- 241f Community Development Agency Dated: ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:C 2 te< Lisa Storck Assistant City Attorney 005382.01007 10910282.1 DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Avenue Santa Ana, CA 92701 By: Ao� Stef nie P. PhillijV Ed.D. Deputy Superintendent, Operations Santa Ana Unified School District Dated: CITY OF SANTA ANA David Cavazos City Manager