HomeMy WebLinkAboutContracts & Agreements_238-2021MEMORANDUM 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") The City and the
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 to define their respective roles and responsibilities with
regard to the ROP's 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 December 21,
2021, and end on June 30, 2022, 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 one Party to the other Party, and such termination shall be effective upon the date stated
in such written 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) The
ROP shall submit monthly invoices to the City describing the Services performed during the
preceding month The ROP invoices shall include a brief description of the Services performed,
the dates the Services were performed, and the number of hours spent and by whom The City shall
pay the ROP no later than thirty (30) days after receipt and approval by the City of the ROP's
monthly Invoices
Section 4 Responsibilities of Parties 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
ROP and the City will comply with the Division of Labor Standards of the 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,
1
L \ca\djrn\Agreements \Colton Redlands Yucaipa ROP MOU 2021 docx.jn
• Provide Workers' Compensation insurance for employment program
participants
B City Responsibilities
Provide coordination to successfully place identified program participants in
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;
Section 5 Insurance. The City is self -insured for commercial general liability and
Workers' Compensation The following insurance coverage required by this Agreement shall be
maintained by the ROP for the duration of its performance of the Services. The ROP shall not
perform any Services unless and until the required insurance listed below is obtained by the ROP
The ROP shall provide the City with certificates of insurance and endorsements evidencing such
insurance prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior written
notice to City
A Commercial general liability insurance with carriers rated at least A minus by AM
Best Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is
required City shall be named as an additional insured and the insurance policy shall include a
provision requiring thirty (30) days prior written notice to the City of any proposed lowering of
coverage limits or cancellation of the policy Such insurance shall be primary and non-contributing
to any insurance or self-insurance maintained by the City A certificate of insurance and the
corresponding blanket additional insured endorsements shall be delivered to the City prior to
commencement of any of the Services
B. Workers' Compensation and Employer's Liability insurance in the amount that
meets statutory requirements with an insurance carrier acceptable to the City, or certification to
the City that the ROP is self -insured or exempt from the workers' compensation laws of the State
of California The ROP shall execute and provide City with Exhibit "A," titled "Workers'
Compensation Insurance Certification," which is attached hereto and incorporated herein by this
reference, prior to performance of the Services
C The ROP shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made and
three million dollars ($3,000,000) in the aggregate
D. The ROP agrees that the City shall not assume, nor shall assume by this MOU or
2
L \ca\djm\Agreements\Colton Redlands Yucaipa ROP MOU 2021 docx.jn
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 Services 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
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 which result 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 the City are found to be
comparatively at fault for any claim, action, loss or damage with results from their respective
obligations under this M.OU, the ROP and/or the City shall indemnify the other to the extent of its
comparative fault
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; (ii) five (5) days after deposit in first class certified, registered
or express 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 or electronic mail transmission (including
PDF), 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.O. 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
3
L \ca\djm\Agreements \Colton Redlands Yucaipa ROP MOU 2021 docxjn
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 the City and the ROP
have signed in confirmation of this Agreement
CITY OF REDLANDS
Paul T Barich, Mayoi
ATTEST
e Donaldson, City Clerk
4
L \ca\dpn\Agreements\Colton Redlands Yucaipa ROP MOU 2021 docx.ln
C TON-REDLANDS-YUCAIPA ROP
Tracie Zerolr, Superintendent
EXHIBIT "A"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways.
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code § 1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
COLTOEDLANDS-YUCAIP k ROP
By
Tracie Zeroli, Superinte dent
5
L \ca\djm\Agreements\Colton Redlands Yucaipa ROP MOU 2021 docx.jn
Date
2,Vfr d-I