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HomeMy WebLinkAboutUniversity of San Diego; 2022-08-02; Memorandum of Understanding Between the University of San Diego and the City of Carlsbad This Memorandum of Understanding (“MOU”) is entered into by and between the University of San Diego (“USD”) and the City of Carlsbad (“City”). WHEREAS, USD is a non-profit institution of higher education located in San Diego, California. As an anchor institution, USD is an engaged community leader and committed to creating democratic and reciprocal collaborations with local organizations to address climate action and food insecurities and serve as a catalyst for community development. WHEREAS, the City is a municipal agency whose mission is to enhance the lives of all who live, work and play in our city by setting the standard for providing top quality, efficient local government services. WHEREAS, USD and City wish to engage in collaborative initiatives to promote education and community engagement by providing service-learning opportunities for Fellows in USD’s #CaliforniaForAll College Corps program. NOW, THEREFORE, USD and City agree as follows: 1. Term and Duration. The term of this Agreement will begin once it is fully executed by the parties and will remain in effect through July, 2023. The parties may agree at any time to modify or extend this Agreement, by executing a written amendment to modify or extend it in accordance with paragraph 8 below. Either party may terminate this Agreement at any time and for any reason with 30 days’ advance written notice to the other. 2. Parties authorize designated work locations as places of service learning for participating Fellows, with the understanding that a Fellow’s participation in the program may be terminated at any time, based on program requirements, the Fellow’s conduct, and/or other related needs of the parties. 3. The Fellow shall adhere to the rules, regulations, procedures, and policies of the City while participating in the program. 4. USD assumes overall responsibility for the execution of its program. 5. USD will screen and select Fellows from among those candidates approved for participation by City. The Mulvaney Center for Community, Awareness and Social Action Maher Hall, 218 5998 Alcalá Park San Diego, CA 92110-2492 P: (619) 260-4798 F: (619) 260-7835 www.sandiego.edu DocuSign Envelope ID: 0094F5FD-7A5F-4F29-977B-A14CF5496EE3 6. USD will maintain regular communication with the City and the Fellows placed with the City. The City will notify the appropriate liaison or approving authority immediately if there are any attendance issues, disciplinary concerns, or injuries relating to a Fellow placed with the City. 7. USD is responsible for all costs and liability (e.g., automobile liability, workers’ compensation and employer’s liability, general liability) related to Fellows, including pay and benefits, support, and travel. 8. This MOU may only be modified by the written consent of the parties, duly signed by their authorized representatives. 9. Collaborative Initiatives. Through this Agreement, the parties agree to the following collaborative initiatives:  USD will provide leadership development for Fellows placed with the City. In turn, the City will co-train Fellows in program specific content and supervise their engagement.  This MOU can be amended to include additional features with the signed, written consent of both parties in accordance with paragraph 8 above.  The parties agree to work together to advance the initiatives described above, but this Agreement does not commit either party to any financial responsibilities in connection with any specific activities. Any such responsibilities will be subject to the future agreement of the parties. 10. Termination of a Fellow’s Placement. Either USD or City may release a Fellow from the program if, in the opinion of either party, the Fellow is not actively and satisfactorily participating with the provided training. USD may release a Fellow from placement with the City if it determines that the Fellow is not being utilized by the City consistent with the goals of the program. Prior to releasing the Fellow, both parties shall confer and try to resolve the issue(s) short of releasing the Fellow from the program. However, for the avoidance of doubt, each party retains ultimate right to end a Fellow’s placement after consultation with the other party. 11. General Compliance with Applicable Laws. USD will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect Fellows placed with City. USD will at all times observe and comply with these laws, ordinances, and regulations. USD will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for placement of all Fellows placed under this Agreement. 12. Indemnification. USD agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the Fellow’s placement with the City caused by any negligence, recklessness, or willful misconduct of the USD, the Fellow, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 13. Copyrights. USD agrees that all copyrights that arise from the Fellow’s services to the City will be vested in City and USD, on behalf of itself and its Fellows, relinquish all claims to the copyrights in favor of City. DocuSign Envelope ID: 0094F5FD-7A5F-4F29-977B-A14CF5496EE3 14. Discrimination and Harassment Prohibited. USD will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 15. Termination. Either party, upon tendering thirty 30 days written notice to the other party may terminate this MOU. In this event and upon request of City, USD will assemble the work product and put it in order for proper filing and closing and deliver it to City 16. Jurisdiction and Venue. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 17. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties in accordance with paragraph 8 above. CITY OF CARLSBAD By: ________________________________ Date: _____________________ James Wood, Environmental Sustainability Director UNIVERSITY OF SAN DIEGO By: ________________________________ Date: _____________________ Christopher Nayve, Associate Vice President Community Engagement and Anchor Initiatives APPROVED AS TO FORM: CINDIE MCMAHON, City Attorney BY: _____________________________________ City Attorney ATTEST: FAVIOLA MEDINA City Clerk Services Manager DocuSign Envelope ID: 0094F5FD-7A5F-4F29-977B-A14CF5496EE3 8/1/2022 8/2/2022