APPENDIX I: SAMPLE MEMORANDUM OF UNDERSTANDING

Revised: January 15, 1997



THE CITY OF CHULA VISTA TELECENTER
TELECOMMUTER AGREEMENT

This Telecommuter Agreement ("Agreement") is entered into, effective as of ____________________, 1997, by and between the City of Chula Vista (CITY) and _________________________________, ("USER").

This Agreement addresses the respective responsibilities of the CITY, as operator of the Chula Vista Telecenter ("Telecenter"), and the USER and its employees, as users of the Telecenter. This AGREEMENT shall have no effect on the relationship, duties, responsibilities, or conditions of employment between the USER and the employee(s) that it may assign to the Telecenter.

The parties hereto expressly acknowledge and agree that this Agreement conveys no exclusive property or possessory interest in CITY's real or personal property to USER, but rather licenses to USER the non-exclusive use of certain property on the terms set forth herein.


COSTS

USER shall not be responsible for workstation or equipment rental costs. Such costs shall be underwritten by the Neighborhood Telecenters Program to the extent that funds are available. USER will be responsible for payment to CITY of costs which are directly related to the work of its employees at the Telecenter. These costs will consist of:

Telecommunications Charges: These will include all telephone expenses for voice and data communication (i.e. phone, modem, and fax use fees).

Copy and Laser Print Charges: A copy machine and laser printer will be on-site for use by the USER. The USER will be charged for any copies and laser prints made at a rate designated by the Telecenter.

All invoices will be due in full 30 days from the date of invoice. If USER fails to pay amounts owed when due, CITY shall have the right to terminate this Agreement.

CITY reserves the right to change the fee structure for the Telecenter at any time by giving 30 days written notice to USER.


PERSONNEL

USER will be responsible for choosing which of its employees will telecommute. To the extent possible, employees who use the Telecenter will use it a minimum of one (1) day each week. Prior to commencing use of the Telecenter, USER and its employees shall review and sign a copy of the existing Telecenter Policies/Rules, thereby agreeing to abide by them.

USER and employees also agree to participate in telecommuter and supervisor orientation and surveys, focus groups, and inquiries conducted as part of the evaluation of the program. Individual response to any material shall remain anonymous, but the data compiled may be made available to the public. Orientation for the telecommuters and their supervisors will be conducted prior to occupancy, if possible. In the event that orientation is not possible, then it will be conducted as soon as is convenient after occupancy.



EQUIPMENT

All equipment, software, or other items provided by the Telecenter will remain the property of the Telecenter (subject to agreements CITY may have with specific providers), and may not be moved, removed or altered in any way without written permission from the CITY. Telecommuters will use only the equipment at their assigned workstation and that which is provided for general use. USER acknowledges that all workspace and equipment provided by the Telecenter are non-exclusive and shall be shared by other Telecenter users in accordance with Telecenter policies and rules.

USER may choose to use the hardware and software provided by the Telecenter, or provide its own equipment and/or software. If USER provides hardware and/or software, this equipment must be used and maintained in a safe and responsible manner.

CITY will provide for use by USER's employee(s) the following:
  • Use of a workstation for each person assigned to the Telecenter
  • Use of available computer hardware and software
  • Telephone
  • Access to laser printer, copier and fax machine
  • Office furniture
  • Access to a conference room
  • Use of lunch area
  • Janitorial services
  • Building maintenance
  • Telecenter management

USER will provide the following for its employees:
  • Employee supervision
  • Daily office supplies, e.g. stapler, tape, paper clips, etc.
  • Any hardware, software, or other equipment or supplies needed by employee(s) that are not already provided at the Telecenter

TIME/SECURITY

Normal business hours will be 8:00 a.m. to 5:00 p.m, Monday - Friday. To the extent possible, the Telecenter Manager or another City employee will be available to Telecenter users during these hours. Access to the Telecenter at other times will be arranged as necessary by the Telecenter Director.

CITY will provide all reasonable equipment and policies to ensure the confidentiality of data and documents used at the Telecenter. However, USER agrees to hold CITY harmless for any costs, damages or losses of USER or its employees related to use of confidential information at the Telecenter.


LIABILITY/INSURANCE

USER agrees to protect, defend, indemnify and hold harmless the CITY, the Telecenter, the program sponsors, and their respective agents and employees from and against any and all personal and property claims, demands, liability, losses and damages (including any related losses, costs, expenses, or attorney's fees) suffered by USER, its employees, or any third party, resulting from or arising in connection with USER's or its employees use of or conduct at the Telecenter.

CITY will not be responsible for any damage, loss, or theft of equipment or personal belongings of USER or be liable for damage caused by USER's employees or faulty equipment while they are located in the Telecenter. All USERs and their employees using the Telecenter must comply with all legal mandates, such as using only legally purchased software, complying with copyright laws, and all federal, state and local laws.

USER agrees to carry and maintain during the term of this agreement, comprehensive general liability insurance covering its employees' use of the Telecenter, including coverage for bodily injury, property damage and personal injury (employee and contractual liability exclusions deleted), with not less than the following limits of liability: One million dollars ($1,000,000) each occurrence combined single limit bodily injury, property damage and personal injury; Two million dollars ($2,000,000) aggregate. All such insurance shall be procured from a responsible insurance company authorized to do business in California. Such insurance may be part of any existing or blanket coverage obtained or maintained by USER. USER will demonstrate proof of required coverage by providing a copy of a certificate of insurance to this Agreement with policy endorsement naming the City as additional insured. USERs personal property and equipment will be insured by USER.


RIGHT TO TERMINATE

This Agreement may be terminated by USER with 30 days written notice to CITY for any reason.

This Agreement may be terminated by CITY with 2 days written notice to USER for any reason including, but not limited to the following:

a.) Failure by USER to pay fees as stated in this Agreement;
b.) Gross or repeated violation of Telecenter Policies/Rules and/or misuse of Telecenter property;
c.) Loss of funding for the Telecenter.

CHANGES TO AGREEMENT

Any changes to this agreement must be approved and signed by both parties.

Consent to this Agreement indicates that CITY and USER have read and understood this document thoroughly. It is advisable for USER to have the Agreement reviewed by legal counsel. This Agreement becomes effective when signed by an authorized representative of CITY and USER.

TELECENTER USER
__________________________________________
Company Name
__________________________________________          ___________________
Authorized Representative                                   Title             Date
__________________________________________
Please Print Name


CITY OF CHULA VISTA
__________________________________________          ___________________
Name                                                                 Title              Date

Previous
Table of Contents

Return to the Abstracts of Non-Refereed Publications page.
Return to the Telecommunications and Travel Main page.
Return to the Teleworking Reports page.