Loading...
Hollister Youth Alliance - 2016 MOU for the OLLIN ProgramMEMORANDUM OF UNDERSTANDING A.PURPOSE This Memorandum of Understanding (MOU) is hereby entered into and between The Hollister Youth Alliance (DBA The Youth Alliance), a nonprofit organization who is offering a Youth and Family Leadership Program called OLLIN: Organizing Leaders to Learn, Inform and Nurture ( "Program ") whose address is 310 Fourth Street #101, Hollister, CA 95023 or after Hollister Youth Alliance as applicable and the City of Gilroy, a California municipal corporation, whose address is 7351 Rosanna Street, Gilroy ( "City "). City and Program shall be collectively referred to as the Parties. The Parties 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 The OLLIN Program is funded through Santa Clara County Behavioral Health Department and is a service to benefit youth who reside in Gilroy, ages 13 -18. Additional pro - social aspects of the program are supported by the Ca1GRIP South County One Neighborhood Empowered grant, through the City of Gilroy. The purpose of the program is to support, mentor and advocate for the wellbeing of youth and family, by focusing on and encouraging positive behaviors, positive choices and inspiring school success through a year round talking circle. The talking circle provides a safe and comfortable space for youth to participate in, share and learn how to deal with the struggles they face on a daily basis in a productive and positive manner. The program goal is to develop leadership skills and promote community service, beginning with projects within the community they reside in. In consideration of the above premises, the Parties agree as follows. C. THE CITY SHALL: Make available, at no cost to the Hollister Youth Alliance, a classroom for recreation programming, a kitchen, minimal storage space, and access to restrooms at the Wheeler Facility, 250 West Sixth Street, Gilroy, CA 94020. ■ Provide access to the assigned facility classroom a half hour prior to commencement and a half hour after the conclusion of each session to allow for set -up and tear down of materials, from 3:30 -6:00 p.m., including setting up and tear down time. ■ The City shall not be responsible for setting up or cleaning the facility after each session. ■ The City will not be responsible for providing any recreation supplies and equipment needed for program purposes. D. THE HOLLISTER YOUTH ALLIANCE SHALL: ■ Conduct weekly youth and family leadership services. 4830 - 5972 -25400 WAKHARIM04706083 • Conduct ongoing weekly year round sessions on each Thursday beginning December 2, 2015 during the school year and summer. A calendar of scheduled closures (i.e., holidays or vacations) will be distributed and posted at the facility. • Be responsible for setting up or cleaning the facilities after each session. Facility will be made available for staff beginning at 3:30 and ready to close by 6:00 pm. • Be responsible for opening and closing and securing assigned classroom facilities at the conclusion of each session. • Not be responsible for paying to use any space at the Wheeler Facility, including for use of the Multi- Purpose room, the kitchen, minimal storage space, and restrooms. • Not be responsible for paying for any utilities costs (i.e. PG &E, water, custodial) related to the use of the facility. ■ Return the facility to the same condition that it was in prior to starting program sessions. ■ Provide a facility use feedback form for any noted issues to the designated City contact. ■ Provide all supplies and equipment needed for program purposes. ■ Reschedule any cancelled sessions and provide timely notification of any schedule changes. ■ Coordinate the marketing and participant recruitment aspects of the program. ■ Provide City with contact information of a designee to coordinate facility access issues and any other related issues that may arise during the course of recreation sessions. • Provide administrative support, including but not limited to the recruitment of youth to participate in the program and related documentation as required. • Will assist as possible in any data collection efforts or sharing in order to support the South County Youth Task Force efforts. ■ Shall provide services to program youth, regardless of religion or religious belief. ■ Ensures that federal funds cannot be used to conduct inherently religious activities (such as prayer, religious instruction, or attempt to convert participants to another religion) and that such activities are kept separate in time or place from federally- funded activities, The Program, and from City sponsored programs and City -owned locations. ■ Ensures that participation in religious activities is voluntary for beneficiaries of federally- funded programs. ■ Ensures that religion is not used within City sponsored programs and City -owned locations. 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. 4830- 5972- 2540v1 MVAKHARIA104706083 E. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: This MOU is neither a fiscal nor a funds obligation document. Any endeavor 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 endeavors 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 December 31, 2017, or terminated as mutually agreed, or upon 30 days written notice by either party. F. INDEMNIFICATION To the fullest extent permitted by law, The Hollister Youth Alliance shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, 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 The Hollister Youth Alliance or The Hollister 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. 4830- 5972 -25400 WAKHARIX04706083 F — �1�- � J. Edwar Tewes Interim City Administrator City of Gilroy lane Ortiz Executive Director Hollister Youth Alliance Approved as to form: 4830 - 5972 -25400 MVAKHARIA104706083 Date Date Z 2 Z /(0 YOUTALL -01 KIM A,L ORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD1YYY1) 11123/2015 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 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms 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 License #0504035 CONTACT NAME: PHONE (408 _842 -2131 No ; 408 842 -0867 lacific DiversifeI Insurance, Inc. 1015 Murray Ste 110 �08 842 2131 CA 95020 E -MAIL - ADDRESS: INS UR ER(S I AFFORDING COVERAGE NAIC # INSURER A :Nonprofits' Ins Alliance of CA 11845 - - - - -__ -.._ a 1,000,000 NSURED INSURERS.- $ 500,000 INSURERC : MED EXP (Arty one person) Youth Alliance Inc. INSURER ° Diane Ortiz Post Office Box 1291 E 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. _X POLICYE]:ECT El LOC OTHER - Hollister, CA 95024-1291 INSURERE': PRODUCTS - COMPIOPAGG INSURER F: SOCIAL_SRVC PRO t 1,000,000 nVFQer.FS 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. - . TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMLI POUCY MM1DD LIMITS A X COMMERCIAL GENERAL LIABILITY cLaMS IwwE Q occuR HNOA/Liquor Liabilit X 2015-06291NP0 11/16/2015 11/16!2016 EACH OCCURRENCE - - - - -__ -.._ a 1,000,000 PREMISES (Ea ,� $ 500,000 X MED EXP (Arty one person) $ 20,000 PERSONAL & ADV INJURY E 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. _X POLICYE]:ECT El LOC OTHER - GENERAL AGGREGATE E 2,000iO0 PRODUCTS - COMPIOPAGG S 2.000,006 SOCIAL_SRVC PRO t 1,000,000 AUTOMOBILE LIABILITY ANY AUTO AlLJT08WNED AUTEDULED NON -OWNED HIREDAUTOS; AUTOS COMBINED SINGLE LIMIT a aeddetN S BODILY INJURY (Per person) S BODILY INJURY (Per axFdent) _ .S PRO DAMAGE $ a UMBREUA LIAR EXCESS UAB CLAIMS44ADE EACH OCCURRENCE $ HOCCUR AGGREGATE S _ OED T1 RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERtEXECUTIVE OFFICERIMEMBER EXCLUDED? El (Mandatory 0 NH) If yyeess describe under D06RIPTION OF OPERATIONS below NIA O fH S TA LITE E.L. EACH ACCIDENT $ EL DISEASE - EA EMPLO $ E.L. DISEASE - POLICY LIMrr I 3 Directors & Officers 2015 -06291- 00-NPO 11/16/2016 11/16/2016 D &O Coverage 1,000,000 F.SCMPTION OF OPERATIONS /LOCATIONS! VEHICLES (ACORD 101, Addidarud Remarks Schedule. maybe attached U more space Is requires! ;ty of Gilroy, Its officers, representatives, agents and employees are named as additional Insured per carriers blanket additional insured form attached, as srwritten contract. 10 days notice of cancellation for non payment and 30 days for all other. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. .CORD 26 (201'4/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: gD1S— 0(o .1,011 K) PC) COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of. Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Any person or organization that you are required to All insured premises and operations add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming. effective during the term of this policy. The additional insured status will not be afforded with respect to liability.arising out of or related to. your activities as a real estate manager for that person or organization. information required to complete this Schedule if not shown above will be shown. in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for °bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by. 1. Your ads or omissions; "or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions. apply: This insurance does not apply to "bodily. injury" or "property damage" occurring after. 1. All work,, including materials, parts or equip - ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional fnsured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in= tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 youth 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, Ptqg, Dianiz, MSW Executive Director 831.636.2853 www.youthall.org 310 Fourth Street, Ste 101 P.O. Box 1291 408.840.3685 yo@youtho.I.org HoNister, CA 95023 Hollister, CA 95024 831.636.2850