The URL can be used to link to this page

Home My Public Portal AboutC-20-077 - California State University Dominguez Hills College of Health, Human Services, and Nursing Memorandum of Understanding, Stroke Center Voluntary ResearchMEMORANDUM OF UNDERSTANDING FOR COOPERATION BETWEEN CALIFORNIA STATE UNIVERSITY DOMINGUEZ HILLS, COLLEGE OF HEALTH, HUMAN SERVICES AND NURSING AND THE JOSEPH B. JR. AND MARY ANNE O'NEAL STROKE CENTER THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made by and between the Joseph B. Jr. and Mary Anne O'Neal Stroke Center ("Carson Stroke Center"), a program of the City of Carson ("City"), and the California State University, Dominguez Hills, College of Health, Human Services and Nursing ("CSUDH"). The Carson Stroke Center and CSUDH may be herein referred to, individually or collectively, as "Party," or "Parties". RECITALS WHEREAS, students and faculty of CSUDH, as part of their various programs, desire to conduct research projects and/or studies that relate to and involve stroke survivors ("research studies"); WHEREAS, such students and faculty may seek to recruit volunteer subjects for their research studies from the client base of the Carson Stroke Center; WHEREAS, such students and faculty may seek to use Carson Stroke Center facilities to conduct certain research studies or portions thereof; WHEREAS, the Carson Stroke Center desires to establish collaborative relations with institutions such as CSUDH in furtherance of its mission to serve the needs of people living with the effects of stroke and to provide support for their families; WHEREAS, the Carson Stroke Center and CSUDH, desire to establish relations between the Parties in order to provide for collaboration between students and faculty of CSUDH and the City and clients of the Carson Stroke Center in the performance of research studies that promote and enhance evidence -based therapy interventions for Carson Stroke Center clients and stroke survivors in general; WHEREAS, the City has determined it is in the public interest to enter into this MOU with CSUDH in order to facilitate the purposes discussed herein and to set forth the basic understanding of the parties with respect to thereto; NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:: 1. RECITALS. The Recitals set forth above are incorporated herein by this reference. 2. EFFECTIVE DATE. This MOU shall become effective upon execution by City after City Council's approval ("Effective Date"). 01007.0002/605350.2 3. TERM. This MOU shall be in effect from the Effective Date and shall remain valid for three (3) years, but not exceeding December 31, 2022 ("Term"), and may be extended for one (1) additional term of up to one (1) year. This MOU may be terminated by the appropriate authorities of either Party by the giving of ninety (90) days written notice to the other Party, or by mutual agreement of the Parties in writing. 4. INDEMNIFICATION. a. Pursuant to Government Code section 895.4, CSUDH and California State University Dominguez Hills, Carson, CA, USA shall indemnify, defend and hold harmless the Carson Stroke Center and the City, and its elected and appointed officers, employees, and agents from and against all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with CSUDH and California State University Dominguez Hills, Carson, CA, USA acts and/or omissions arising from and/or relating to this MOU. Such indemnification shall not cover any claim due to the sole negligence or willful misconduct of the Carson Stroke Center and the City. b. Pursuant to Government Code section 895.4, the City shall indemnify, defend and hold harmless CSUDH and California State University Dominguez Hills, Carson, CA, USA and its elected and appointed officers, employees, and agents from and against all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with Carson Stoke Center and City acts and/or omissions arising from and/or relating to this MOU. Such indemnification shall not cover any claim due to the sole negligence or willful misconduct of CSUDH and California State University Dominguez Hills, Carson, CA, USA. 5. INSURANCE. By signing this MOU, all Parties certify they have current insurance policies and maintain the following types and amounts of coverage, or are permissively self-insured: Worker's compensation, including employers' liability with a limit of $1,000,000; comprehensive general liability with a minimum of $1,000,000 per occurrence, $2,000,000 aggregate limits; automobile liability with a minimum of $1,000,000 combined single limit; and professional liability coverage with a minimum of $1,000,000 limit. 6. IMPLEMENTING AGREEMENTS. Prior to the initiation of any research study or other related activity, the terms of cooperation for each specific activity implemented under this MOU shall be mutually discussed and agreed upon in writing by both Parties in a separate Implementing Agreement. Any such Implementing Agreements will form appendices to this MOU and are incorporated herein by this reference. Additional considerations including but not limited to additional insurance, coordination of work, financial, funding, Party obligations and/or personnel, shall become the subject of specific discussion and agreement within the framework of a separate Implementing Agreement negotiated at a departmental or program level and approved by the appropriate CSUDH authorities as well as appropriate City authorities. 01007.0002/605350.2 2 7. NOTICES. Any notice which either Party may desire to give to the other Party must be in writing and may be given by personal delivery or national overnight delivery service which will be deemed received the following day or by mailing the same by registered or certified mail, return receipt requested which will be deemed delivered three (3) days after depositing same in the mail, addressed to the Party to whom the notice is directed as set forth below, or such other address and to such other persons as the Parties may hereafter designate: City: City of Carson 701 E Carson Street Carson, CA 90745 Attn: City Manager With a copy to: Carson Stroke Center 3 Civic Plaza Drive Carson, CA 90745 Attn: Dani Cook, Stroke Center Coordinator CSUDH: California State University, Dominguez Hills Procurement and Contracts 1000 E. Victoria Street Welch Hall WH B485 Carson, CA 90747 Attn: Maria Hernandez, Manager 8. AUTHORITY TO ENTER MOU. Each individual executing this MOU on behalf of City and CSUDH represents, warrants and covenants to the other that such person is duly authorized to execute and deliver this MOU on behalf of the Parties in accordance with authority granted under the organizational documents of such entity. 9. FURTHER COOPERATION. The Parties shall fully cooperate with each another, and may take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to accomplish the purposes of this MOU. 10. AMENDMENTS, This MOU may be amended or extended by mutual written consent of the Parties. 11. EFFECT OF MOU. This MOU as outlined in this document is not intended to be a legally binding document. It is meant to describe the nature and cooperative intentions of the Parties involved, and to provide guidelines for cooperation. Nothing in this MOU shall diminish the full autonomy of either Party, nor may any constraints be imposed by either upon the other. [SIGNATURES ON FOLLOWING PAGE] 01007.0002/605350.2 IN WITNESS WHEREOF, the parties to this MEMORANDUM OF UNDERSTANDING have offered their signatures: CITY OF CARSON, a California municipal corpora 'on: CAR T KE CENTER Albert Robles Title: Mayor Address: 701 East Carson Street City, State, Zip: Carson, CA 90745 Phone: (310) 830-7600 Email: Date: Aleshire & Wynder, LLP By. Sunny IC Soltani, City Attorney A Donesia Gaus&AXama—Citv Clerk VAM--7 CALIFORNIA STATE UNIVERSITY DOMINGUEZ HILLS: COLLEGE OF HEALTH, HUMAN SERVICES AND NURSING By: Claudia G. Pe3gn Dean of College of Health, Human Services and Nursing 1000 E. Victoria Street Welch Hall WH A-310 Carson, CA 90747 Date: By: Maria E. Hernandez Manager, Procurement and Contracts 1000 E. Victoria St., Welch Hall WH B485 Carson, CA 901,747 Y/ Date: , , W007.0002 5350 4 CERTIFICATE OF COVERAGE DATE (MM/DDNYYY) 8/6/2020 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS TYPE OF COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR Alllant Insurance Services Inc. NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW. 100 Pine Street, 11th Floor THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE San Francisco CA 94111 ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE 7/1/2020 CERTIFICATE HOLDER. EACH OCCURRENCE IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE NAMED COVERED PARTY CSU, Dominguez Hills 1000 East Victoria Street Carson CA 90747 MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). PROGRAM AFFORDING COVERAGE A: CSURMA B: MED EXPENSE (Any one person) C: COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE PERIOD SHOWN BELOW, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT. JPA LTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVE DATE (MM/DD/YY) COVERAGE EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY CSURMA-LIAB-2021 7/1/2020 7/1/2021 EACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE El OCCUR MED EXPENSE (Any one person) $ PERSONAL & ADV INJURY $ 2,000,000 X Contractual Liab X I SIR 52501000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS -COMP/OP AGG $4,000,000 MEMOR-PROJECT M LOC ANDUM AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) $ ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS A WORKERS' COMPENSATION AND EMPLOYERS LIABILITY CSURMA-VVC-2021 7/1/2020 7/1/2021 X WC LJ OTHER STATUTORY LIMITS ANY PROPRIETOR/PARTNER/ EXECUTIVE/OFFICER/MEMBER E.L. EACH ACCIDENT $ 1,000,000 EXCLUDED? E.L. DISEASE — EA EMPLOYEE $ 1,000,000 IF YES, DESCRIBED UNDER SPECIAL E.L. DISEASE —POLICY LIMIT $ 1,000,000 PROVISION BELOW OTHER OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS Note: Workers' Compensation Coverage is provided as evidence only. Professional Liability is included in General Liability Coverage. Evidence of coverage as respects the Memorandum of Understanding to conduct research projects and/or studies that relate to and involve stroke survivors. Term of Agreement: Effective Date - December 31, 2022. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE City of Carson y Attn: City Manager 701 E Carson Street BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE PROVISIONS. AUTHORIZED REPRESENTATIVE �� U Carson CA 90745 U DasCALIFORNIA DEPARTMENT of t�OV@1`f30i"iaaVltl Newsom GENERAL SERVICE 7/1/19 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2019 / JUNE 30, 2020 To Whom It May Concern: In accordance with Government Code section 11007.4, the State of California has elected to be self-insured for liability exposures. Under this form of insurance, the State and its employees acting in the course and scope of their employment are insured for tort liability arising out of official State business. All claims against the State of California based on tort liability should be presented as a government claim to the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: http://www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx. The State of California has also elected to be insured for its motor vehicle liability exposures through the State Motor Vehicle Liability Self -Insurance Program (VELSIP). This program provides liability coverage arising out of the operations of motor vehicles used by state employees for official state business (California Vehicle Code Sections 17000 and 17001). Motor vehicle liability claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MS -403, West Sacramento, CA 95798- 9052, (800) 900-3634, claims(o)-dgs.ca.gov. If your motor vehicle liability claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: http://www.dqs.ca.gov/orim/Programs/GovernmentClaims.asp The State of California has a Master Agreement with the State Compensation Insurance Fund regarding workers' compensation benefits for all state employees, as required by the Labor Code. Sincerely, I Navdeep Mahl Associate Risk Analyst Insurance Services Unit Phone: (916) 376-5305 Fax: (916) 376-5275 Navdeep.Mahl@dgs.ca.gov To request updated letter of self-insurance, please submit to riskmanagement(a.dgs.ca.gov Office of Risk and Insurance Management I State of California I Government Operations Agency 707 3rd Street, 1st Floor I (Nest Sacramento, CA 956051 t 916.376.5300 f 946.376.5277 H ��- g / 3 $Z 2,--2