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HomeMy Public PortalAboutAgreement_2016-02-22_San Gabriel Valley Conservation Corps_Memorandum of Understanding (MOU)MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMPLE CITY AND SAN GABRIEL VALLEY CONSERVATION CORPS THIS MEMORANDUM OF UNDERSTANDING ("MOU") Is made and executed this 22"' day of February, 2016, between the CITY OF TEMPLE CITY, a municipal corporation ("CITY"), and the SAN GABRIEL VALLEY CONSERVATION CORPS, a public benefit nonprofit corporation ("SGVCC"). The Parties agree as follows: 1. DESCRIPTION OF WORK. CITY wishes to utilize labor provided by SGVCC, and SGVCC wishes to provide such labor, to assist In relocating existing irrigation lines at specified property within the City of Temple City ("Property") to make way for a rubberized walking path. Specifically, SGVCC shall move sprinkler heads, Irrigation valves, and other Irrigation lines at the Property. . The exact location -of the Property is listed in Exhibit "A," and Incorporated by reference. 2. USE OF PROPERTY. A. Pursuant to the terms and conditions set forth in this MOU, SGVCC shall enter the Property for the purpose of improving and maintaining the Property to benefit the community. B. SGVCC shall perform the work described In Section 1 above (collectively, "SGVCC Improvement Project") and shall be responsible for the following: Provide all hand tools needed for the relocation of existing irrigation for the proposed walking path at the Property. Ensure coordination with City of Temple City Park Maintenance Staff. ill. Provide (1) Supervisor & (4) Corpsmembers for a crew of (5). Iv. Conduct safety tailgate session before commencing work. C. CITY may Inspect the Property at any time and remove any landscaping, or take an appropriate action, to protect public health and safety. SGVCC understand and agree that It will not have any recourse for damages that may be sustained because of CITY's actions. D. CITY may change, amend, or terminate SGVCC's use of the Property at 2/24/2016 RN #4832-6859-6526 vi any time and in its sole discretion verbally or in writing. 3. CITY'S RESPONSIBILITIES. CITY agrees to compensate SGVCC for the SGVCC Improvement Project as follows: E. Compensate SGVCC for services rendered, not to exceed $20,000.00 as follows: V. $30.00 per hour for Supervisor. vi. $22.00 per hour, per Corpsmember. Vii. $.54 cents per mile. Provide all materials, supplies and disposal fees. G. Assign a point of contact. TERM. Except as provided in Section 5, the term of this MOU will be for one (1) year. 5. TERMINATION. H. As stated above, CITY may terminate this Agreement at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless CITY specifies otherwise. SGVCC may terminate this Agreement at any time in writing at least thirty (30) days before the effective termination date. By executing this document, SGVCC waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 6. ALTERATIONS. SGVCC will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. 7. SIGNS. SGVCC will not place any sign upon the property without CITY's prior written consent. SGVCC will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances. 2/24/2016 RIV R48I2-6859-6326 rl 8. ASSIGNMENT. SGVCC will not be permitted to assign this MOU or any interest therein. 9. LABOR CODE § 1720.4; WARRANTY. The Parties acknowledge the language set forth in Labor Code § 1720.4 attached as Exhibit "B," and incorporated herein. SGVCC warrants it is a Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. Consequently, CITY need not pay prevailing wages under this Agreement pursuant to Labor Code § 1720.4(a)(3). 10. INDEMNIFICATION. K. SGVCC will hold CITY harmless and free from any and all liability arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, SGVCC will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify It for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. M. SGVCC agrees and understands that its violation of any Labor Code provision regarding payment of prevailing wages can result in fines or damages being levied against CITY. SGVCC specifically agrees that the Indemnification and defense obligations set forth in this Section include payment of any fines, penalties, or damages that might arise out of this Agreement. N. SGVCC expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held Invalid, it Is agreed that the balance will, notwithstanding, continue in full legal force and effect. O. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. P. The requirements as to the types and limits of Insurance coverage to be maintained by SGVCC as required by Section 11 below, and any approval 2/24/2016 RIV 04832.6859-6526 vi of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SGVCC pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 11. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement Is effective, SGVCC will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO -CGL Form. The amount of Insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such Insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to CITY. C. SGVCC will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement and such other evidence of Insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with Insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." 12. COMPLIANCE WITH LAW. SGVCC will, at Its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be In force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of SGVCC In any action or proceeding against SGVCC, whether CITY be a party thereto or not, that SGVCC has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and SGVCC. 0 2/24/2016 RIV 04832.6859-6526 V1 13. BREACH OF AGREEMENT. The violation of any of the provisions of this MOU will constitute a breach of this MOU by SGVCC, and in such event said MOU will automatically cease and terminate. 14. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this MOU will not constitute a waiver of any further breach of the same or other term of this MOU. 15. ENTRY BY CITY AND PUBLIC. This MOU does not convey any property interest to SGVCC. Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon the Property for all lawful acts. 16. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of SGVCC, or a general assignment by the SGVCC for the benefit of creditors, or any action taken or offered by SGVCC under any insolvency or bankruptcy action, will constitute a breach of this MOU by SGVCC, and in such event said MOU will automatically cease and terminate. 17. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this MOU or by law to be served on or given to either party to this MOU by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to SGVCC at: Jeronimo "JJ" Ortega Environmental Program Manager San Gabriel Valley Conservation Corps 10900 Mulhall St. EI Monte, CA 91731 or to CITY at: Cathy Burroughs Director of Park & Recreation City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 5 2/24/2016 R[V #4872-6859-6526 vl 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. GOVERNING LAW. This Agreement has been made In and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 20. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and SGVCC respecting the Property, the use of the Property by SGVCC, and the specified MOU term, and correctly sets forth the obligations of CITY and SGVCC. Any agreement or representations respecting the Property or its licensing by CITY to SGVCC not expressly set forth in this instrument are void. 21. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to Its fair meaning, and this Agreement will never be construed either for or against either party. 22. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 23. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one Instrument executed on the same date. [SIGNATURES ON NEXT PAGE] 11 RrV 94832-6859-6526 vl IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF TEMPLE CITY Bryan Cook City Manager 2/24/2016 RN 94832-6859-6526 vl SAN GABRIEL VALLEY CONSERVATION CORPS LZ21 - Executive Director EXHIBIT "A" Location of work to be performed: LIVE OAK PARK 10144 Bogue Street Temple City, CA 91780 Location of the walking path is specifically identified in the attached plans. LIVE OAK PARK JOGGING PATH 10144 BOGUE STREET TEMPLE CITY, CA 91780 CITY OF TEMPLE CITY 9701 LAS TUNAS DRIVE TEMPLE CITY, CA 91780 1 — + IN] NwMm Ww, �� . � Mem pill lfvalN r,.. psll Ix.MIv DUO 6 R U U P mp M(mm LANDSCAPE ARCHITECTURE C.. 4e Me VICINT MAP: SITE PUN: CONSU.-ANTS. LIVE OAK y� 1I�I LI"_iJti.J I� LJ i�Lr-I PARK JOGGING BOGLE ST PATH CITY OF TEMPLE CITY 9101 LAS TUNAS DR. MPLE CITY. CA 911 � I 15IOM LD -1 DEMOLITION PLAN �„ _.. 16LG1 CONSTRUCTION ]u' PLAN 3g3 T.] n .,below Call p 1 R I U SHEET INDEX. ,NEEE4,r ,. LD -2 DEMOLITION PLAN T-1 TITLE SHEET • s J M O LG2 CONSTRUCTION PLAN LD -1 DEMOLITION PUN J RoeemePa A , O . OO J L0.U 2 DEMOLITION PN LA2a ADD ALT DEMOLITION PUN 1uJTc Ico°�e �,... .. LGI CONSTRUCTION PLAN _ LC -2 CONSTRUCTION PLAN UC -2a ADD ALT CONSTRUCTION PLAN TITLE DETAILS SHEET ® ® BASE BID PATH LENGTH: 22N LF ADD ALT BID PATH LENGTH: 257 T-1 MI 10 SfJ1E %% Marts MI 10 SGtE r.r o , 10 - 0-—---0, g3� RA� ppab psy FeaE est ae qR€ aFA� 3� `Cg¢ d Li TL f 01 I 1� MATdHL�NE, SEE SHEET LD -2 ^� OO O 000000000�DO m dGde y„yCJ F!S 5^^' ° Y A 72 xl xs� 2 't o m gg la � x5" 5a $Ao a Ali �qR� ��3d9 6 xEf _; aC� � - � •a is bdA NqR$o §S� b9 g As Fd „ �g i f .'.4 i k9y qys gp f sg 3 MMM �f ZIA �m vvii`— x x �4 i --� Ell kg 1 II 1� 1 PA L0e011 m•Feonu ,NI IMr 4, DEMOLITION LEGEND: r a. Y Rur re,. Inp uwroo DESCRIPTION F. Ptli rMrn © I 0 _ LIVE OAK PARK I—.— JOGGING PATH ® CIN OF TEMPLE CIN ® _ ... m v . r. u• -- - 9701 _AS NNIS DR EMPLE ON. CA 91 Dfualmou PIeN f.FUFRA NOiF� .0B NVMBfR 13100 oI wLn�n .w .',< ,.[a.,1 m11 s+w• .a .c.•[w 1.[000� / of 'NEpfO 9� SX1 rz mann wo v.n• m n . iw,mrtc wv ,+ rune m wo plE Y ] U •. m wuN ., ,P. s.pn. •na wwn'a ,r. � a nu.. w �aµtt,wnp rn51CM f me5/m,u/mrtasart an I y IQ—— 41111 o' ,.on wu m Tm KR mu snc rmer[f ro111— _ N w,R, au0[L I . '0 wn RI .eT10.Y RYSiFY�np' 110 w •\` YMW[u an Nm.uR..R .,, N . oIw ,. 1.11- DEMOLITION TJRF KF NOTE. PLAN [w, Fl. ro `nV 1=,To"'I[ [..s ` YME 1•_.10•x• u RI . I— A GII RNN.O 41 "= LD -2 w9m o a v NR s„Fn I o[ 0 174 1,11146 aun WOMfvE uY111E(IIY DEMOLITION LEGEND (ADD ALTERNATE). DESCRIPTION O J n+. Osp uwlw lu p3q 11401+ O e 0III. TO"'"'" ""` ` "^' _ — LIVE OAK PARK ® JOGGING PATH 9701 l TUW DR. EMPIE CITU. CA 91 DEMO sON P�yu .rRFRe _NOT'E :OB MTI..TI. 151m Ty ..man rt r.rO aro wm u...... runarn w �-� •ue�rc 0, wo CNEC.ED ar oa1e. a/a/Ia " .o.[.Rn I wI sxuw or 4 ofuh.lin aEMagrs a .mmAa�s.Hnns".s— IT .o/OT IIIIIIIEO ° 70 aa. rvH Yo mo c..urz lm`x.o w.N.He ' .xn"n,..o_.oe m o. IRRIGATION SxT M NOT - I OT lorN�a .o .1..e.. 1 .a. n� H N..n.l� .• I., 1.. DEMOLITION NRF RFXAR NOTE PLAN n.... ..Call a.yon eIy LD -2a ��N i1 ��0 0 III jl I II . �� I I W CONSTRUCTION LEGEND UtSURIPIION SUPPLIER DETAIL (z7 z., ,... .... .,, .. .....��... "O 0 O 7m= f T , F NII Mdm Fr ae.x a qwi rHn..l+4 a a��a to. Osll ��ewo'.` LIVE OAK PARK JOGGING PA I CITY OF TEMPLE CITY SMI LAS TUNAS OR. LE CRY. CA 9178 p9 NUMBER i5'ocs aecKFo o" sw  .1 e PMS daS -- tYFYVEtP a" 4 CONSTRUCTION PLAN uAEc ��" -.u'-o- ...Wow. calle.mwwueq. LC -1 SnEE! 5 0�� 8 un9� ow uew.n uoertmw 1111 WnM CONSTRUCTION LEGEND: aN+*+w w.r. m9 uMrre DESCRIPTION SUPPLIER DETAIL r>, mq uwn O ® - LIVE OAK PARK JOGGING PATH CITV OF TEMPLE ClW 9791 IA9 TONn DR. MPLE CITU. C 917 ® .,.wow.,, w. .w.,. m.., •.. .., IDB NWBER imma ..eN.1 .— CNECNED PLR_ o.,E a/a/1a R[HVDNs iA�' q CONSTRUCTION PLAN zue r -w• -r K callmb Z Call rla.eeu aq. xoem a n av ,x sNEn s a e I li R I I I 1 0 aI I CONSTRUCTION LEGEND: 0 O 'FA` h. � oman aloin LIVE OAK PARK JOGGING PATH CITY OF TEMPLE CITY 9MILAS TUNAS OR. --. CRY. CA 9178 .OB xVMBEX. I11. LNNFN pv Yp._ : �fLMEO 9. SP MSXM' cIlk- CONSTRUCTION PLAN saaE: +•-z•-r Ne..rnMbw. GIl e.nw.waq. LC -2a sr¢n 7 a e DESCRIPTION SUPPLIER DETAIL O 0 O 'FA` h. � oman aloin LIVE OAK PARK JOGGING PATH CITY OF TEMPLE CITY 9MILAS TUNAS OR. --. CRY. CA 9178 .OB xVMBEX. I11. LNNFN pv Yp._ : �fLMEO 9. SP MSXM' cIlk- CONSTRUCTION PLAN saaE: +•-z•-r Ne..rnMbw. GIl e.nw.waq. LC -2a sr¢n 7 a e EXHIBIT "B" California Labor Code Section 1720.4 1720.4. (a) This chapter shall not apply to any of the following work: (1) Any work performed by a volunteer. For purposes of this section, "volunteer" means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under IFN1] as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed. (A) An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer. (B) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed. (C) An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (i) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (ii) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project. (2) Any work performed by a volunteer coordinator. For purposes of this section, "volunteer coordinator' means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual's primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (3) Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. (b) This section shall apply retroactively to otherwise covered work concluded on or after January 1, 2002, to the extent permitted by law. (c) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2017, deletes or extends that date. -