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Hollister Youth Alliance - 2016 MOU to Provide Youth and Family ServicesMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY AND HOLLISTER YOUTH ALLIANCE A. PURPOSE This Memorandum of Understanding (MOU) is hereby entered into by and between Hollister Youth Alliance (DBA Youth Alliance), a non -profit organization, whose address is 310 Fourth Street, Suite 101, Mail: PO Box 1291. Hollister, CA 95024, and the City of Gilroy, a California municipal corporation, whose address is 7351 Rosanna Street, Gilroy ( "CITY "). HOLLISTER YOUTH ALLIANCE manages several satellite offices in San Benito and Santa Clara County, to include Morgan Hill and Gilroy, CA. CITY and HOLLISTER YOUTH ALLIANCE shall be collectively referred to as the Parties. The purpose of this MOU is to outline the Scope of Work (Duties, Roles, and Responsibilities) of the Parties. The Parties agree to work together in good faith through monthly meetings to ensure the quality of services delivered. B. STATEMENT OF MUTUAL INTEREST AND BENEFIT HOLLISTER YOUTH ALLIANCE is a nonprofit organization whose varied funding sources include state and foundation grants, donations, and local sponsorship support. HOLLISTER YOUTH ALLIANCE seeks to provide a continuum of support that includes after - school, summer and late night prevention programs, early intervention bilingual counseling and case management, intervention programs service at- promise youth in the juvenile justice system, teen parents, as well as parent and system leader's engagement and education. The CITY will work in collaboration with HOLLISTER YOUTH ALLIANCE out of the Wheeler Facility, to create thriving and equitable communities through comprehensive, innovative and culturally relevant services that equip program participants to become change agents in their own lives and in their communities. In consideration of the above recitals, the Parties agree as follows. C. THE CITY SHALL: • Provide a 192 sq. ft. office to accommodate Youth Alliance ( HOLLISTER YOUTH ALLIANCE) program staff work stations, adequate counseling area for program participants and storage of program files. • Provide HOLLISTER YOUTH ALLIANCE staff 2 Wheeler Facility keys for their.sole program use. ■ Provide wireless internet access for the Leased Premises. ■ Provide maintenance of the Wheeler Center, which includes the HOLLISTER YOUTH ALLIANCE designated office space. 1 4849- 6318- 54470 MVAKHARIA104706083 Provide payment of monthly utilities of Wheeler Center. The utility billing will be reviewed monthly. If Wheeler Center utility costs greatly increase due to HOLLISTER YOUTH ALLIANCE facility use, the CITY of Gilroy reserves the right to begin collecting compensation from the TENNANT for increased utility fees beginning the month following the increase. D. HOLLISTER YOUTH ALLIANCE SHALL: • Provide youth and family services to eligible clients of Santa Clara County. • Standard hours of operation are between 8:00 a.m. to 6:00 p.m., Monday through Friday, with potential weekend or evening hours for special events or programs. • Provide office for HOLLISTER YOUTH ALLIANCE staff. HOLLISTER YOUTH ALLIANCE staff will wear an agency badge /ID or wear HOLLISTER YOUTH ALLIANCE staff shirt at all times to clearly identify themselves as HOLLISTER YOUTH ALLIANCE employees to HOLLISTER YOUTH ALLIANCE program participants, CITY staff and CITY program participants. • Collaborate with the CITY of Gilroy in keeping the Wheeler Center site safe and clean However, collaboration with the CITY of Gilroy shall not in any way relieve HOLLISTER YOUTH ALLIANCE from its responsibilities to maintain a safe site. • Report in a timely manner, any broken or disabled equipment belonging to the CITY. • Although HOLLISTER YOUTH ALLIANCE staff will be given two Wheeler Center keys, there will be an additional key kept at the CITY of Gilroy Recreation Department office as backup. Only if necessary, this key will be checked -out by HOLLISTER YOUTH ALLIANCE staff and returned to the CITY of Gilroy Recreation Department by the end of the work day (5:00p.m.) • HOLLISTER YOUTH ALLIANCE staff will provide program services within the designated 192 sq. ft. office space identified in the site plan in Exhibit A. Use of other rooms, space or areas within Wheeler Center will require a reservation, which needs to be made at the City of Gilroy Recreation Department office ten (10) CITY of Gilroy working days in advance. • If an activity is co- sponsored by the CITY of Gilroy Recreation Department, the reservation fee will be waived. • If the event is solely organized and facilitated by HOLLISTER YOUTH ALLIANCE, then HOLLISTER YOUTH ALLIANCE will be responsible for paying the standard reservation fee and associated costs for this activity. • Train employees of Youth Alliance ( HOLLISTER YOUTH ALLIANCE) to provide positive youth development and family activities to support a healthy, safe and educated Gilroy. Services provided can include: o Provision of pro - social activities, youth and family support services, and educational outreach to youth and families in need within the CITY of Gilroy and Santa Clara County. 2 4849- 6318- 5447v3 MVAKHARIA104706083 o Provide annual safety training to all HOLLISTER YOUTH ALLIANCE employees as it relates to the safety of staff and program participants within Wheeler Center. • Collaborate with the CITY of Gilroy and the South County Youth Task Force to recruit eligible youth into positive programs and activities • HOLLISTER YOUTH ALLIANCE will work in partnership with the CITY of Gilroy /Ca1GRIP program to provide a Late Night Gym activity one night per week, which can include the use of the Wheeler Center Kitchen, Dance Room and Gymnasium, so long as these areas are available and a reservation is made within ten (10) CITY of Gilroy working days in advance. • Shall provide the below referenced insurance to the CITY of Gilroy. • Shall ensure that all Hollister Youth Alliance employees and volunteers who have contact with minors through this Program have undergone the CITY of Gilroy Department of Justice Livescan criminal record check process. Hollister Youth Alliance shall provide the CITY with a list of any and all employees and volunteers that will have contact with minors in advance of them providing any services under this agreement. CITY authorization and clearance is required before any Hollister Youth Alliance employee or volunteer can have contact with minors through this program. In the alternative, the Executive Director of Hollister Youth Alliance, can provide written authorization to the CITY of Gilroy listing the individual names of the Hollister Youth Alliance employees and volunteers that have undergone a Department of Justice criminal records check for Hollister Youth Alliance and have been evaluated and cleared for contact with minors. Written authorization shall be provided to the CITY of Gilroy Recreation Director prior to the delivery of services under this MOU. E. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: This MOU is neither a fiscal nor a funds obligation document. Any action involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such actions will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. This MOU may be modified or amended only upon written consent of both parties. The terms and conditions of this MOU shall remain in effect until September 30, 2017, or terminated as mutually agreed, or upon 30 days written notice by either party. F. INDEMNIFICATION To the fullest extent permitted by law, Youth Alliance shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, 3 4849 - 6318- 5447v3 MVAKHARIA104706083 its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of Youth Alliance's assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. G. INSURANCE The HOLLISTER YOUTH ALLIANCE shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, The HOLLISTER YOUTH ALLIANCE shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. HOLLISTER YOUTH ALLIANCE shall provide proof of workers' compensation insurance for HOLLISTER YOUTH ALLIANCE employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers; representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses; including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of HOLLISTER YOUTH ALLIANCE employees. This agreement may be modified or amended, only upon written consent of both parties. It shall be effective on the date of execution, and shall continue until terminated as mutually agreed, or upon 30 written notice by either party. 4�-� Ed T wes Interim City Administrator City of Gilroy iane Ortiz Executive Directo Hollister Youth Alliance 4849 - 6318- 5447v3 MVAKHARIA104706083 y . zz. —I fo Date /1-)- D Z& ate 4 Approved as to form: & l,'ittomey P"T1 ` 1 4849- 6318- 5447v3 MVAKHARIA104706083 YOUTALL -01 KIM r T DATE (MMIDDIYYYY) CERTIF=ICATE I_- IABILITY INSURANCE 11/23/2015 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 COf!STITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL MS URED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cartein pJoli0es may,, yuira an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - • - - - - CONTACT PRODUCER Ucense # 6504035 NAME: _ "aclfic Diversified Insurance, Inc. HONE Ems., {408) 842 -2131 AIC No : 408) 842 -0867 1015 Murray Ste 110 E-MAIL - 408 842 213.1 ADDRESS: 811roy, CA 95020 _ !4 UR= SS1 R:fF:, °C:`1G COVERAGE NAIC tt INSURER A:Nonio'of t'S' IiriSA14af tee ofCA ,11845 NSURED Ycuth A!;; :Ines 6nc. Diana O:liiz Post office; Box 12n1 Hollister, CA 95024 -1291 -- - CERTIFI9! a *1 r li NU INSL7cFJ2 E, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H N v'E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CO-NM 10N OF ANY CONTRACT OR CTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUPVk -' AFFORDED EY THH €'O I,C:[.° LE.SCRIBED HEREIN IS SUR !£CT TO ALL TTiE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW71 VAY E'AVE BEEN REDUCED BY PAID CLAIMS. I5K TYPECFINSURANCE Vn a+yn� POLICY t11q 9ER MMfDDIYYYYIf glta/O,DtYYYY'I LIMITS X COMMERCIAL GE.VEFALLIABILITY J ' ;t Y O�iiRNENCE $ 1,000,000 Xl Y' 201"62.91W� ) 11/1612015 1111612010" 50000 CWMS,M4�E OrC!;R PREMISES (En oeerirrenrs $ X I I i McII EXP (Anyone pe`crg $ 20 000 PERSONAL & AOV INJURY $ 1,000,000 GEWLAGGREGATE OWT 4PPLIES P F. GENERAL AGGREGATE $ 2,000,00_ X POLICY 0 JEGT LOC ! 1 PRODUCTS - COMPIOP AGR $ 2,000,000 -- - — OTHER: — n1 am !7,pv' rP ? 's 1,000,000 �- - -- - - -° 9 AUTOMOBILE LIAMT-J?Y HI!wE!? SYNGLE LIMIT i i v a..caue. a) ANY AUTO I k v`1 JdL fKJUAY (rer lit. -n -)_ I $ ---- ALL OWNED SCHEDW.En ' � ' BODILY INJURY (Per accidently $ AUTOS NON -OWNED I PRO PERTY tl AMAGE i °er auen $ HIRED AU70s H AUTOS _ e S UMBRELLA LIAR TC;r : I I i � � i I I- F-,-W.-A - R_ - EI:_rGc— .4rU_R. .R' -EN` CE . -- ,$ DECD ES DE "^_ RE:c 1TiONS `�_f � g WORKERS COMPEN&V11 Ste I pEH I OTH- AND EMPLOY'ERSr I rtiat1JT r' YIN _ a TE `_ R ANY PROPRIETORIFAR -NSRIEXECIJT!'." . N / • OFFIi.ERIMEME!EREX ,�IDTC. t— (Maidatory InNH) t— If es describe urrdar DPSG�RIPTICN or Cur `_RA70143 below 1 Directors & 015rICeI ^. ; 20'l5- 46261 -Cr ? :UY :! —� 1911 s!2a1s 11/16/2016 r. P:7 f:n Faa;E 1,000,00 ESCRIPTION OF OPERATIONIR I'.00ATIONS f VEHICLES (!.0 ()A 1 101, Addilloral R m r , ''chtdul% may b i rttathe d i morn space Is raajrr rt ) Ity of Gilroy, its off cal,,-, i'LzirCgentatlVei, o' Bt3r. ' a ai7+i a;j1playses ;v;_ as adds"IC nal €w;i+ezj F:Ei carl"arS t.l ::1. Ada' "" !ii f.,al insured form attached, as irwritten contract. to ^.iarrs a �1'sc:: canclalir, ":€ F+ fz3r tlrxa pay:t f a �:nd 51 mays for all other. 'ERTIEICATEHC LrE r�M. City of Gilroy 7351 Rosanna a2driat Gilroy. (;jr :9a 20 ,CORD 25 (2014101) CANCELLATION SHOJLD AN V OF ii HE ABOVE Di:SCRISED POLICIES 6G CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI'•i'ri THE POL€C'Y PROVISIONS. :1 J'?%V,'!k`-21)1 I' . 7Ali'' E 051988.2014 ACORO CORPORATION. :ill rights reserved. 3•re ACORD name as+r -2 toya are registered marks of ACORD POL!!a''' I�'JMBER: 9 j C7'`•� � �! "'`k_ COMMERCIAL Gf tld�ttir�%, `ilaBIL11'Y CG 2010 07 04 THIS ENDORSEfu EN`ii CMANGEB 'i "HE POLICY, PLEASE READ OT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LE SEES OR CONTRACTORS - SCHEDULED PERSON OR This endorsement modifies insurance provided .under the following: 004'•fMERCIAL GENER,' ".. f_.1A&UTY CC`: -.F.` DE PART `tsrr,u0 i.ri i'llsGrvtI r'Q CQ'•r.'" t V ,lrorM 0,nerntions Any persion or organizatio!.1. that you are i..) i.=4[ i'i e4 premises and operations add as an additional iinswed om this polio ,under a written c,;r, ntract or agreement currently en effect; car becorr ing effective during the term of thin ,pct, '. The additiona insured states will not be affordee,' M h respcc-'i. to liability arisong ::gut f' ;;r related D. activities as a real estate tnaniger for that person or organi,;._Jic,n. Informatia r - c:' at= d cur! C. r C':! i:.',1: + i',,t show n siJCr; /C': V'n,l be shot/ in t, l a Ala 4I zr c9 long. .4. Section If — Who Is Ali Insured is ar r... !,_--.1 ?o Incluie as an additional inswud `,he t). (i LJwii�ctiCirl(:i) ?iiLW(I ion: ii3L J(:I-I, d3 e, �.liat Jr ,iy ", ,i' >pt:ct to !Ia ifity 161' `t) "'ail; tTJi;lt'f" 'r aarrr or "Dersa ial G- :d utwjlvaf.isln " "U: t.'.d, 1;'1 V 11cie Or isa l I::c3r., J�- 1, " our acts or cmissiol s.- or 2. "! I :.i �7 Is or oerr :isssior,`_ of t!lcse acting be; haiF; it the f a i ,;:: i . the additional insured(s); ' : -c €c:'cation(s) ce'.ici nated above. S. V!Ti e aspect to the insurance afforded to these �:cli�itl: r,Gi inaurec , 'J t',:ZA;M sng additional exclu- signs apply: This, insurance does not apply to "bodily injury" or „property damage," oc: :,ji-1ng 1. All worts, includirq materials, pairs of equip- ment furnished in connection with such work, on :tie project (cotha t! ia.n se:-4ice, ini -ill tenance or repairs) to be Performed by or on behalf of Kl� :°dditicral -if 'if'e tor,'- a+.icn of the CI.+VE' red upl lraiirj''s i'i : t?5t :r l mo;rr e ^, or 2. _:..1•iat portion -of "your wor6c" out of which the it "sus .; o, datroge ha;; been put io its in- terided use by any persoo or organization other t.earl another contractor or subbontractor en- gaged aged i; l perf or cling o'x:r ations fora principa! as :3 part of tnt-, CG 2V, 'bey Oct 04 (D icix ) F ;,.,perties, Inc., 2n C4 Page 1 of 1 ❑ I Y.Ruth Alliance February 9, 2016 To Whom It May Concern: As part of Youth Alliance's commitment to providing safe and supportive services for youth and families since 1995, YA practices due diligence in all hiring and volunteer requirements Including but not limited to: obtaining clearance from both the California Department of Justice (hereinafter referred to as "CDOJ") and clearance from the Federal Bureau of Investigation (hereinafter referred to as "FBI "), when hiring staff, working with adult volunteers, or working with contractors prior to providing services. In addition, Youth Alliance receives subsequent arrest service from the CDOJ as required by Penal Code section 11105.2 with respect to each such person. If further information is requested, please do not hesitate to contact me at 408.840.3685. Thank you, UUI Diane Ortiz, MSW Executive Director 831.636.2853 www.youthall.org 310 Fourth Street. Ste 101 P.O. Box 1291 408.840.3685 ya@youthall.org Hollister, CA 95023 Hollister, CA 95024 831.636.2850