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HomeMy WebLinkAboutContracts & Agreements_163-2011_CCv0001.pdf MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into on the le day of October, 2011, between the Redlands Unified School District, 20 West Lugonia Avenue, Redlands, CA 92374, hereinafter referred to as "District," and the City of Redlands, whose address is 35 Cajon Street, Redlands, California 92373, hereinafter referred to as "City," in consideration of their mutual covenants, the parties hereto agree as follows: A. TERM OF MOU: The City's privilege to access, install, and maintain proposed antenna (hereinafter referred to as"Asset")on District buildings, as specified in this MOU, shall commence on the date of this MOU, October 18, 2011, and shall perpetuate, without renewal processes, until either party wishes to tenninate this MOU. B. DISTRICT OBLIGATIONS- I. For the period of this agreement, the District shall provide the following at Citrus Valley High School (800 West Pioneer Avenue Redlands,CA 92374) Building D roof top: a. Physical space for installation and maintenance of City's Asset b. Electricity for operation of City's Asset c. Data Transmission Line access for operation of City's Asset (fine access granted by District and line usage per lease agreement between City and Su s). d. Space within District's IDF server rack located in Building D for installation of City's Asset support devices. 2. The District shall recognize City as a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) or the Privacy Act Code of Federal Regulations (CFR 42, Part 2), and all communications concerning clients will require a signed authorization prior to disclosure. 3. The City shall bear all costs related to the configuration, installation, arid/or extension of utility conduits required to operate the City's Asset. Such work shall be performed by a contractor approved by the District and shall name the District as 'Additionally Insured' on their liability insurance certificate. 4. The City shall bear all costs incident to the installation of the City's Asset and shall guarantee that any work performed for the installation of the antenna, as well as configuration, installation, and/or extension of conduits or any other infrastrudure, shall be in strict conformance to District issued standards which are to be obtained and implemented on design drawings and schematics for construction. 5. Any costs resulting from damage to the District's facilities incident to the installation and/or existence of the Asset on District facilities shall be born by the City- Damage may include, but is not limited to: Roof leaks, damage to structural and nonstructural framing members, electricity interruption, data line service interruption, or any other physical feature which the installation of the antenna or the existence of the antenna causes undesired alteration. C. INSURANCE: Throughout the duration of the MOU, City certifies that it is self insured and shall maintain an excess coverage policy that provides coverage against claims for injuries to persons or damages to property which may arise from or in connection with the installation, maintenance, or operation of the Asset hereunder by City, its agents, representatives, and employees. Such insurance shall provide coverage as follows: MEMORANDUM OF UNDERSTANDING PAGE I OF 4 L\ca\djnMgre=ents\Red1ands s US13.0trus Valley High School.PD Antenna doc 1. General Liability- $1,000,000 per occurrence for bodily injury, death, personal injury and property damage. 2. . Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Comonsation Insurance: as required by the State of California and Employer's Liability Insurance. It shall be expressly understood, however, that the coverages required herein shall not in any way limit the liability of City, its officers, agents, or employees. A Certificate of Insurance and an Additional Insured Endorsement naming the District as an Additional Insured shall be delivered to the District prior to the commencement of asset work, and thereafter immediately upon each policy renewal during the term of this MOU. The commercial general liability and automobile liability policies are to be endorsed to contain the following provisions: 1. The District, its officers, officials, employees and volunteers are to be covered as insured as respects liability arising out of the work or operations performed by or on behalf of City, or automobiles owned, teasecl, hired or borrowed by the City. 2. For any claims related to this MOU, the City's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the City's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by City, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District- 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. D. INDEMNIFICATION. The City agrees to indemnify, defend, and save harmless the District, its officers, agents, employees, and volunteers from any and all claims and losses accruing or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement and ffm any and all claims and losses resulting to any person, firm, or corporation who may be injured or damaged by the City in the performance of this MOU. E. GENERAL TERMS AND CONDITIONS- 1 NOWDISCRIMINAT!QQNN: No discrimination shall be made in the employment of persons under this agreement because of the race, religion, sex, age, national origin, ancestry, political affiliations, disability, medical condition, marital status, or sexual orientation. 2. CONFLICT OF INTEREST: Before executing this agreement, the City shall disclose to the District the identities of any board member, officer, or employee of the District, or relatives thereof, who the City knows of should know will have any financial interest resulting fran this agreement. MEMORANDUM OF UNDERSTANDING PAGE 2 OF 4 L\caNdjtnlAgreements\Redlands s USD.Citrus Valley High School.PD Antenna-doe f 11. CHANGES OR ALTERATIONS: No changes, alterations, or variations of any kind to this MOU are authorized without the mutual written consent of both parties. 12. HEADINGS: All section headings contained herein are for clarification and convenience of reference only and are not intended to limit the scope of any provision of the MOU. 13. TERMINATION: Each party may terminate this MOU for any reason upon written notice to the other party. District shall provide a minimum of six months of notice, in writing, to City prior to termination of this agreement. City shall provide a minimum of thirty (30) days notice, in writing, to District prior to termination of this agreement 14. SEVERABILITY* In the event any portion of this MOU shall be held by a Court to be invalid, such holding shall not invalidate the remainder of this MOU. 15. AMBIGUITY: The language herein shall be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all parties shall be treated as equally responsible for such ambiguity. 16. EXPENSES: The City shall be responsible for all costs and expenses incident to the operation of Police Department equipment, except as provided by this MOU, including but riot limited to: all costs of equipment provided by the CITY; aff fees, firms, licenses, bonds or taxes required of or imposed against the CITY; and all other of the City's costs of doing business. F. UNDERSTANDING AND ACCEPTANCE OF THE PARTIES: This MOU constitutes the entire understanding of the parties. The City's signatures below signify both an understanding and acceptance of this agreements provisions. DISTRICT: city: REDLANDS UNIFIED SCHOOL DISTRICT CITY OF RED ,ANDS B BY: A NAME: Jouen NAME: Pete Aguilar TITLE: istant Superintendent, TITLE: Mayor, City of Redlands Business Services DATE: Rev 9/23/11 Attest: X Sam Irwin,titytJerk MEMORANDUM OF UNDERSTANDING PAGE 4 OF 4 l:\ca\djm\Agreements\Redlands s USD.Citrus Valley High School.Pl)Antennadoc CERTIFICATION BY REDLANDS POLICE DEPEARTMENT CRIMINAL RECORDS CHECK AB 1610, 1612 and 2102 To the Governing Board of Redlands Unified School District: The REDLANDS POLICE DEPTARTIVIENT certifies that all persons who enter Redlands Unified School District Campuses for any purpose related to installing, operating, or maintaining the proposed antenna: I Have carefully read and understand the Notice to Contractors (and joint users) Regarding Criminal Record Checks (Education Code Section 45125.1) required by the passage of AB 1610, 1612 and 2102. 2. Understand that due to the nature of the work to be performed on District's property, Redlands Police Department employees and/or contractors may have contact with students of the District. 3. Have not been convicted of a violent or serious felony as defined in the Notice and in Penal Code Section 1192.7 and this determination was made by a fingerprint check through the Department of Justice. I declare under penalty of perjury that the foregoing is true and correct. Executed at California on Dat 'kms- Ill Signature �s Typed or printed name Title Address ckC -7 I& Telephone The belaw listed employees of Leverage Information Systems were fingerprinted by the Redlands Police Dept. and those prints were submitted to the California Dept. of Justice and the Federal Bureau of Investigation as part of a background check. None of the listed individuals have a criminal record on file, Doug Hicks DOB 5-28-62 Craig Johnson DOB 5-12-86 Joel Staggs DOB 2-15-55 David Nicola U DOB 1-13-84 a sc�oal TRANSMITTAL To: City Clerk From: Antonette Llamas City of Redlands Facilities Planning Services Phone: Phone: (909)748-6732 Re: Original MOU Date: November 18,2011 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Enclosed please find an executed original of the Memorandum of Understanding (MOU) between the City of Redlands and the Redlands Unified School District for a proposed antenna at Citrus Valley High School. The MOU was rated/approved at the Board of Education's November 15, 2011 meeting. Thank you. Redlands Unified School District 0 20 W.Lugonia Avenue,Redlands,CA 92374