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HomeMy WebLinkAboutContracts & Agreements_123-2024MEMORANDUM 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 June 18, 2024, and end on June 30, 2026, 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 seventy-five thousand dollars ($75,000). The ROP shall submit quarterly invoices to the City describing the Services performed during the preceding quarter. 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\djm\Agreements\Colton-Redlands-Yucaipa ROP MOU 2024.docxjn 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\djin\Agreements\Colton-Redlands-Yucaipa ROP MOU 2024.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 MOU, 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 Jason Angle, Superintendent 1214 Indiana Court Redlands, CA 92374 jason_angle@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 2024.docx.jn Section 9. Governinn 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 Eddie Tejeda, Mayor ATTEST nne Donaldson, City Clerk 4 L:\ca\djm\Agreements\Colton-Redlands-Yucaipa ROP MOU 2024.docx.jn COLTON-REDLANDS-YUCAIPA ROP Jason A gle,'Superifibndent EXHIIBIT "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. Colton -Redlands -Yucaipa ROP By: Jason A g1e, intendent 5 L:\ca\djm\Agreements\Colton-Redlands-Yucaipa ROP MOU 2024.docx jn