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HomeMy WebLinkAboutMERCY HOUSE LIVING CENTERS (EMPLOYMENT SERVICES 2017)INSURANCE NOT hQUIRED WORK MAY PRMUD CLLRK 1!JNCll. DATE: 2 5 2017 ®•CpAC°� Memorandum of Understanding (MOU) between MERCY HOUSE LIVING CENTERS and The City of Santa Ana W/0/R/8 Center 1, PARTIES: The parties to this Memorandum of Understanding (MOU) are MERCY HOUSE LIVING CENTERS and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with MERCY HOUSE LIVING CENTERS, 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 higher -paying job. 3. RESPONSIBILITIES: A) The Work Center shall perform the following: 1) Accept referrals to the Work Center. B) MERCY HOUSE LIVING CENTERS 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 1 and incorporated herein by reference. 4. DURATION: This MOU shall commence on August 1, 2017, and shall remain in effect through June 30, 2018. S. 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 MERCY HOUSE LIVING CENTERS 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 MERCY HOUSE L17VING CENTERS agrees to exercise the same degrcc 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 MERCY HOUSE LIVING CENTERS disclosed in a publicly available source; (c) is in rightful possession of MERCY HOUSE LIVING CENTERS without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by MERCY HOUSE LIVING CENTERS without reference to information disclosed by the City of Santa Ana. 7. ACCESSABILITY: MERCY HOUSE LIVING CENTERS 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. 9. 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: MERCY HOUSE LIVING CENTERS 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. MERCY HOUSE LIVING CENTERS 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: CITY OF SANTA ANA a municipal corporation of the State of California Maria D. Huizar ynthia Kurt Clerk of the Council Interim City Manager APPROVED AS TO FORM: Sonia R. Carvalho RECOMMENDED FOR APPROVAL: ROBERT M. ZUR SCHMIEDE Interim Executive Director Community Development Agency MERCY HOUSE LIVING CENTERS i By: � /Z:�--l— Larry les Executive Director AC" CERTIFICATE OF LIABILITY INSURANCE lh. DA 10/3012017YI 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the teens 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 818-836-5800ONTACT Lockton Insurance Brokers, LLC 818-721-5800 16633 Ventura Blvd., Ste. 1300 Andrea Eatough n pI ME: AX ac, No Ext :818'836-5833 ac No , 818-721-5833 Encino, CA 91436 r DRESS: aeatough@lockton.com INSURERS AFFORDING COVERAGE NAIC# INSR NSURERA: New York Marine & General Insurance Co. 16608 POLICY NUMBER INSURED KOCE-TV Foundation NSURER 8: PBS SOCal NSURER C: NSURER D: 3080 Bristol Street NSURER E: Costa Mesa, CA 92626 NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDI MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE 6 1,000,000 A % COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR ❑ ❑ PK201700003723 11101/17 11/01118 DAMAGE TO RENTED 100.000 PREMISES Ea occurrence MED EXP (Any one person) 10,000 PERSONAL &ADV INJURY 1,000,000 GENERALAGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 2,000,000 EMPLOYEE BENEFITS 1,000,000 PRO- X POLICY JECT LOC UTOMOBILE LIABILITY 0 0 AU201700003678 11/01117 11101/18 COMBINED SINGLE LIMIT 6 1,000,000 (Ea acoden0 BODILY INJURY (Per person) ANY AUTO A AUUTOSS AUTOS AOSCHEDULED BODILY INJURY (Per accident) % HIREDAUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per awdenp X UMBRELLA LIAB % OCCUR EACH OCCURRENCE 6,000,000 A EXCESS LIAB CtAIM&MADE ❑ ❑ UM201700001281 11/01/17 11/01/18 AGGREGATE t 6,000,000 DED X I RETENTION$ 10,000 WORKERS COMPENSATION ND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE FFICE/MEMBER EXCLUDED? NIA Cl STATU- X ORV LIMITS TH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE Mandatory In NH) f yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A Misc. Owned/Rented Equipment ❑ ❑ PK201700003723 11/01117 11101118 $225,0001 Ded. $1,000 hird Party Property Damage $1,000 0 / Ded. $2,50 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) """"""......������ The City of Santa Ana, its officers, employees, agents, volunteers, and representatives are included as.dditional Ins d, but only as respects to claims arising out of the negligence of the Named Insured. Coverage is primary and non�bil ributory. In e3 30 -day notice f cancellation. CERTIFICATE HOLDER CANCELLATION "F_4 ",%w t�\T � /fy, CITY OF SANTA ANA SHOULD ANY PARKS, RECREATION AND COMMUNITY SERVICES AGENCY THE EXPIRAI 20 CIVIC CENTER PLAZA, PO BOX 1988 M-23, SANTA ANA, CA 92702 ACCORDANCE CANCELLED BEFORE BE DELIVERED IN ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER, PK201700003723 COMMERCIAL GENERAL LIABILITY CG 20 12 05 Be THIS ENDORSEMENT CHANGES THE POLICY, PLEASE HEAD IT CAREFULLY, ADDITIONAL INSURED - NATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS I his endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or SubcNvisian Or Politica Subdivision: CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 20 CIVIC CENTER PLAZA, PO BOX 1988 M-23, SANTA ANA, CA 92702 The City of Santa Ana, its officers, employees, agents, volunteers, and representatives Section 11 — Who la An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule. subject to the following provisions. Y. This insurance applees only with respect to opera- tions performed by you or on your babel for which the state or governmental agency or subdivisi or polpical subdivision has issued a permit or au- thorization. a_ w CG 20 12 05 09 in the 2, This insurance does ooll applyto: a- 'Body injury", 'property damage" or 'personal and advertising injury' arising out of operations performed for the federal government, state or municoaloy: of b. "godly iqury or "property damage" included within the "products -completed operallons hazard C Insurance Services Office, Inc., 2008 ADDITIONAL INSURED ENDORSEMENT Insurance Company New York Marine & General Insurance Co. This endorsement # PK201700003723 modifies such insurance as irelating to the following: is afforded by the provisions of Policy The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 10/30/17 Policy # PK201700003723 Issued to KOCE-TV Foundation * PBS SoCal Name Insured Countersigned by this endorsement form as part of Ins ance Agent Signawre POLICY NUMBER: PK201700003723 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other (2) You have agreed in writing in a contract Insurance Condition and supersedes any or agreement that this insurance would be provision to the contrary: primary and would not seek contribution from any other insurance available to the Primary and Non-contributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and