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HomeMy WebLinkAboutCOLLETE'S CHILDREN'S HOMEINSURANCE NOT REQUIRED pp WORK MAY IPROCEM (W CLERK ;1; �W JNCIL DATEF, '15110 p°. CpA Cod o. Memorandum of Understanding (MOU) between COLETTE'S CHILDREN'S HOME and The City of Santa Ana W/O/R/K Center N-2017-198 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Colette's Children's Home and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with Colette's Children's Home, 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) Colette's Children's Home 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. 5. 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 Colette's Children's Home 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 Colette's Children's Home 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 parry 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 Colette's Children's Home disclosed in a publicly available source; (c) is in rightful possession of Colette's Children's Home without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by Colette's Children's Home without reference to information disclosed by the City of Santa Ana. 7. ACCESSABILITY: Colette's Children's Horne will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act, S. 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: Colette's Children's Home 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. Colette's Children's Home 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. M': IN WITNESS WHEREOF, the parties hereto have executed this Memorandurn ol'Understanding the date and year first above written. AT'I'Es,r: MarilAl-;h fizar Clerk of the Council APPROVED AS TO FOM Sonia R. Carvalho RECOMMENDED FOR APPROVAL: ROBERT M. ZUR SCHMIEDE Interim Executive Director Community Development Agency CITY OF SANTA ANA a municipal corporation of the State or California �Yk- Interim City Manager Colette's Children's Home L E By: William O'Connell Executive Director