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HomeMy WebLinkAboutMOU - San Jose Conservation Corps - Labor & Transportation; Storm Drain Markings - Signed 2022-03-29City of Gilroy Agreement/Contract Tracking Today’s Date: April 13, 2022 Your Name: Monica Sendejas Contract Type: Other (Non-Standard contracts must be reviewed by the City Administrator prior to initiating) Phone Number: 408-846-0266 Contract Effective Date: (Date contract goes into effect) 4/13/2022 Contract Expiration Date: 6/30/2022 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) San Jose Conservation Corps (SJCC) Contract Subject: (no more than 100 characters) Memorandum of Understanding Between the City of Gilroy and the San Jose Conservation Corps Contract Amount: (Total Amount of contract. If no amount, leave blank) By submitting this form, I confirm this information is complete: ➢Date of Contract ➢Contractor/Consultant name and complete address ➢Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢Taxpayer ID or Social Security # and Contractors License # if applicable ➢Contractor/Consultant signer’s name and title ➢City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation already signed by Department Head DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY AND THE SAN JOSE CONSERVATION CORPS 1. Parties. This Memorandum of Understanding (hereinafter referred to as “MOU” is made and entered into by and between the City of Gilroy and San Jose Conservation Corps (hereafter called SJCC). 2. Purpose. The purpose of this MOU is for SJCC to provide storm drain marking in the City of Gilroy. 3. Term of MOU. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect from date executed to June 30, 2022. This MOU may be terminated, without cause or for any cause, by either party upon thirty (30) days written notice, which notice shall be delivered by hand or by certified mail to 1560 Berger Drive, San Jose, CA, 95112 4. Responsibilities of SJCC. To provide the labor and transportation needed to complete storm drain markings in the City of Gilroy while providing Corpsmembers with a job training experience. See Attachment 1 for Scope of Work. 5. Responsibilities of City of Gilroy. To provide necessary supplies for completing the storm drain marking and provide training to SJCC staff and corpsmembers on proper storm drain marking. See Attachment 1 for Scope of Work. 6. Compensation. SJCC will be compensated for labor, transportation, and fuel with funding from CalRecycle Grant. 7. Insurance. Each party will take the necessary steps to maintain customary insurance or self- insurance coverages for its officers and directors, employees and agents working on implementing this MOU, including, without limitation, comprehensive general liability, errors and omissions and worker’s compensation coverages. Failure to maintain such insurance or self- insurance shall be a breach of this Agreement. SJCC shall provide proof of such insurance to the City of Gilroy prior to performance under this MOU. 8. Indemnification. Each party shall indemnify, defend, and hold harmless the other party to this MOU, and their respective officers, directors, employees, and agents, from any and all losses, claims, actions, causes of action, demands, or liabilities of whatsoever nature and kind, including judgements, interest, attorney’s feed, and all other costs, feeds, expenses, and charges which any such party, and its officers, directors, employees, and agents may incur arising out of the negligence or willful misconduct of the indemnifying party, its officers, directors, employees, or agents, or any breach of their obligations hereunder. The terms of this provision shall survive the termination or expiration of this MOU. 9. General Provision DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 a. Amendments. Either party may request changes to this MOU. Any changes, modification, revisions, or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all parties to this MOU. b. Applicable Law. The construction, interpretation, and enforcement of this shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the parties and the venue shall be in the Superior Court of California, Santa Clara County. c. Entirety of Agreement. This MOU represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. d. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may negotiate the terms affected by the severance. e. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third-party beneficiary, and this MOU shall not be constructed so as to create such status. The rights, duties, and obligations contained in this MOU shall operate only between the parties to this MOU and shall insure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only the parties to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party’s performance or failure to perform any term of condition of this MOU, or to bring an action for the breach of this MOU. f. Assignment. Neither party may assign this Agreement without the written consent of the other party. g. Safety. During the course of work SJCC representatives shall not enter the travel lanes or parking spaces of any roadway. The locations of all medallions requiring access to the roadway for installation shall be marked on a map and installed at the end of the project with traffic control provided by the City of Gilroy. 10. Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, and understand, and agree to be bound by the terms and conditions of this MOU as set forth herein. DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 San Jose Conservation Corps Monica Rosquillas Senior Manager of Zero Waste Special Projects _____________________________________ ____________________ Signature Date City of Gilroy Daryl Jordan Public Works Director _____________________________________ ____________________ Signature Date 03/29/2022 DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 Attachment 1 Scope of Work The scope of work will include the following tasks and deliverables. Please notify the Stormwater Program Coordinator of any issues or concerns. SJCC staff shall not at any time for the duration of the project enter any roadway, parking lot, or other area with vehicle access, to install medallions and/or stenciling without City staff traffic-control assistance while completing Tasks 1 and 2. Task 1 – Install Medallions on Stormdrains in Identified Areas • Using the eleven (11) provided maps assess and identify storm drain inlets that are missing medallions, per training received from City maintenance staff. • Track locations with missing medallions at curbside stormdrains that will require roadway access for installation under Task 2. Notify Stormwater Program Coordinator when assistance is needed. Task 2 – Return to Stormdrains that Require Work in Roadways with City-Provided Traffic Control • As noted previously, SJCC staff shall not at any time for the duration of the project enter any roadway, parking lot, or other area with vehicle access, to install medallions without City staff traffic-control assistance while completing Tasks 1 and 2. • Upon completion of Task 1, City shall provide traffic-control so that SJCC staff can return to the tracked locations of missing medallions at curbside stormdrains, to safely complete the stormdrain marking project. Deliverables Deliverable #1 and 2: Take photos of installed medallions and notify Stormwater Program Coordinator when work is complete. DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 04/05/2022 Conservation United PO Box 759 Higley AZ 85236 Sandra Nenna (855) 570-2797 (602) 388-8110 sandra@insuranceunited.com San Jose Conservation Corps & Charter School 1560 Berger Drive San Jose CA 95112 Philadelphia Indemnity Ins Co 18058 22/23 Liability A Y Y PHPK2396632 04/01/2022 04/01/2023 1,000,000 1,000,000 20,000 2,000,000 2,000,000 2,000,000 Sexual Abuse Cov 1,000,000 A PHPK2396632 04/01/2022 04/01/2023 1,000,000 A 10,000 PHUB808853 04/01/2022 04/01/2023 5,000,000 5,000,000 A Crime PHSD1694621 04/01/2022 04/01/2023 Per occurrence 1,000,000 Deductible 10,000 “This certificate represents coverage currently in effect and may or may not be in compliance with any written contract as this is limited to the information provided by the insured.” Service Agreement: Storm Drain Inlet Marking Assistance Program City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers are additional insureds with respect to general liability along with a waiver of subrogation when agreed by written contract. City of Gilroy its officers officials and employees 7351 Rosanna Street Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 PHPK2396632 DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/12/2022 (WC)Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 925-934-8500 925-934-8278 License#:0564249 Cypress Insurance Company 10855 SANJOSE-37 San Jose Conservation Corps and Charter School 1560 Berger Drive San Jose CA 95112 1203829716 A X Y Y SAWC351652 4/1/2022 4/1/2023 1,000,000 1,000,000 1,000,000 Re:Service Agreement:Storm Drain Inlet Marking Assistance Program.Waiver of Subrogation is included on Workers Compensation policy per the attached endorsement,if required.This Certificate replaces and supersedes all previously issued certificates. City of Gilroy,its officers,officials and employees 7351 Rosanna Street Gilroy,CA 95020 DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 C (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the applicable manual premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5%of total manual premium. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Person/Organization:City of Gilroy,its officers,officials and employees Job Description:Service Agreement :Storm Drain Inlet Marking Assistance Program Waiver Premium:0 Class State CA9424 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when thisendorsement is issued subsequent to preparation of the policy.) Endorsement No.:Endorsement Effective:04/01/2022 Policy No.:SAWC351652 Premium $Insured: Insurance Company:Cypress Insurance Company Countersigned by WC 99 04 02 C (Ed.9-14 ) Payroll Subject to Waiver $4,825 DocuSign Envelope ID: 902685A2-8F22-4584-8F66-9B04F74E5A38