HomeMy WebLinkAboutContracts & Agreements_239-2020MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
REDLANDS AND THE COLTON-REDLANDS-YUCAIPA REGIONAL
OCCUPATIONAL PROGRAM
This Memorandum of Understanding ("MOU") is made and entered into, by and between,
the City of Redlands ("City") and the Colton -Redlands -Yucaipa ROP ("ROP"). City and ROP are
sometimes individually referred to herein as a `Party' and, together, as the `Parties.
AGREEMENT
Section 1. Purpose. The purpose of the MOU is to identify the terms and conditions
whereby the ROP will engage the City for services rendered, and to define the roles and
responsibilities of the ROP and the City with regard to youth employment support of the City's
Community Center/Senior Center programs (the `Services").
Section 2. Term of MOU. The term of this MOU shall commence on November 18,
2020, and end on July 1 2021 unless earlier terminated as provided for herein. The Parties may
terminate this MOU at any time by mutual written consent, or upon thirty (30) days prior written
notice by the Party to the other Party and such termination shall be effective upon the date stated
in the consent or notice.
Section 3. Compensation. The total compensation to be paid by the City for the ROP's
performance of the Services shall not exceed the amount of ten thousand dollars ($10,000).
Section 4 Description. At the discretion of the ROP the City will identify and refer
youth for work experience placements under this MOU to support the City's Community
Center/Senior Center programming. The ROP will provide work experience hours authorized and
scheduled in collaboration with the City for each work experience placement. The City will
reimburse the ROP within thirty (30) days of receipt of a financial activity report and invoice. The
ROP and the City will comply with the Division of Labor Standards, Department of Industrial
Relations youth employment guidelines.
A. ROP Responsibilities
Provide training and technical assistance to the City regarding monitoring
participant progress;
Adhere to programmatic timelines;
Provide initial support and training to principal staff members of the City to
ensure successful implementation of the Services;
Process all purchase orders, transfers or other methods of reimbursements related
to expenditures as agreed;
Provide Workers Compensation insurance for employment program participants.
B. City Responsibilities
Provide coordination to successfully place identified program participants in
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employment to support the City's Community Center/Senior Center programs;
Provide technical support as necessary for the ROP to realize full use of
contracted resources;
Provide initial support and training to principal staff members of the ROP to
ensure successful implementation of the Services;
Process all purchase orders, transfers or other methods of reimbursement related
to expenditures as agreed;
Provide workers compensation insurance for their own employees providing
supervisory services under this MOU.
Section 5. Insurance. The ROP and the City shall each secure and maintain, at all tunes
during the term of this MOU Workers' Compensation insurance, and commercial general liability
at this respective sole costs, insurance covering each of them and their respective officials, officers,
employees, and agents.
A. The ROP agrees that the City shall not assume nor shall assume by this MOU, or
otherwise, any liability under any applicable Workers' Compensation law for, by or on behalf of
any student while said students are on the premises of the City performing any duty under the
terms of this MOU and the ROP agrees to indemnify defend, and hold the City harmless with
respect thereto as provided herein. The ROP agrees to maintain insurance policies or a self-
insurance program in amounts sufficient to satisfy its indemnification obligations. The ROP shall
obtain professional liability insurance with combined single limits of one million dollars
($1,000,000) and three million dollars ($3,000,000) in the aggregate.
B. The City agrees that the ROP shall not assume nor shall assume by this MOU, or
otherwise, any liability under any applicable Workers' Compensation law for, by or on behalf of
any employee while said employee is on the premises of the City performing any duty under the
terms of this MOU, and the City agrees to indemnify defend and hold the ROP harmless with
respect thereto as provided herein. The City shall maintain insurance policies or a self-insurance
program in amounts sufficient to satisfy its indemnification obligations. The City shall carry
professional liability insurance with combined single limits of one million dollars ($1,000,000)
and three million dollars ($3,000,000) in the aggregate.
Section 6. Defense and Indemnity. The ROP shall indemnify defend and hold
harmless the City and its elected and appointed officials, officers, employees, agents, and
volunteers against all claims, demands, suits, judgments, expenses, costs and/or liability of any
and every kind arising out of this MOU and resulting from the negligent acts, errors or omissions,
or willful misconduct of the ROP on account of the injury or death or persons, or loss or damage
to equipment or property of the City The City shall indemnify defend and hold harmless the ROP
its officers, agents and volunteers against all claims, demands, suits, judgments, expenses, costs
and/or liability of any and every kind arising out of this MOU and resulting from the negligent
acts, errors or omissions of the City on account of the injury or death or persons, or loss or damage
to equipment or property of the ROP In the event the ROP and City are found to be comparatively
at fault for any claim, action, loss or damage with results from their respective obligations under
this MOU the ROP and/or City shall indemnify the other to the extent of its comparative fault.
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Section 7 Notice Any notice or other communication required, or which may be
given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered
(i) on the date of delivery in person, (u) five (5) days after deposit in first class registered mail,
with return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by
first class, certified, registered or express mail, in each case properly posted and fully prepaid to
the appropriate address set forth below, or such other address as a Party may provide notice in
accordance with this section
City Clerk
City of Redlands
P 0 Box 3005
Redlands, CA 92373
Jdonaldson@cityofredlands org
Fax (909) 798-7535
Phone (909) 798-7531
Colton -Redlands -Yucaipa ROP
Tracie Zeroli, Superintendent
1214 Indiana Court
Redlands, CA 92374
tracie zerpoli@cry-rop org
Fax (909) 793-6901
Phone (909) 793-3115
Section 8 Entire Agreement This MOU represents the entire agreement of the Parties
with respect to the matters contained herein, and supersedes any and all other agreements, either
verbal or in writing, between the Parties with respect to such matters Each Party to this MOU
acknowledges and agrees that no representations, inducements, promises or agreements, verbal
or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are
not embodied herein, and that no other agreement, stipulation or promise not contained in this
MOU shall be valid or binding on either Party
Section 9 Governing Law This MOU shall be governed by and construed in
accordance with the laws of the State of California (excepting any conflict of law's provisions
which would serve to defeat application of California substantive law)
IN WITNESS WHEREOF, duly authorized representatives of City and ROP have signed
in confirmation of this Agreement
CITY OF REDLANDS
Paul W Foster, Mayor
ATTEST
ne Donaldson, City Clerk
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COLTON-REDLANDS-YUCAIPA ROP
Tracie Zeroli, Superintendent