HomeMy WebLinkAboutORANGE COUNTY CONSERVATION CORPS. (2)0 City of Santa 1�a
Clerk of the Cou"Wil
r
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
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No. N-2020-044 was completed on
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and final payment has been made.
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DATE:
atval
0
N
N-2020-044
MEMORANDUM OF UNDERSTANDING
Between
The City of Santa Ana and
The Orange County Conservation Corps.
For Planting 200 Trees at City Parks
This Memorandum of Understanding ("MOU") is entered into between the City of Santa Ana
("City") a charter city and Municipal Corporation organized under the Constitution and the laws of the
State of California and Orange County Conservation Corps ("OCCC"), a California Domestic Non -Profit
Corporation. Collectively City and OCCC are also referred to as "the Parties." The Parties hereby agree
as follows:
PURPOSE
OCCC received a grant to plant 200 trees in five (5) City parks. City has agreed to accept the 200
trees and allow them to be planted by OCCC in the designated City parks. This MOU outlines the
agreement of the Parties regarding City and OCCC respective roles in the process of planting these 200
trees in City parks.
A. OCCC Responsibilities:
1. OCCC will purchase 200 trees and plant those trees in five City parks as outlined
in OCCC's proposal dated February 5, 2020. OCCC's proposal is attached hereto
and marked as Exhibit "A" to this Agreement and incorporated herein by
reference;
2. OCCC will purchase and provide stakes for each tree planted pursuant to this
MOU; and
3. OCCC will provide the labor necessary to plant the trees provided for in this
MOU. OCCC will utilize employees to provide the labor to plant the trees. To
the extent that the labor is provided by any volunteers, OCCC agrees to require
each volunteer to sign a waiver of liability and assumption of risk form approved
by City.
B. City Responsibilities:
1. City will coordinate the planting of trees pursuant to this MOU;
2. City has the right to approve the location of each tree planted pursuant to this
MOU prior to planting;
3. Once planted, City will own the trees planted pursuant to this MOU. City
agrees to maintain trees planted pursuant to this MOU. However, this MOU
does not prevent City from determining what type of maintenance to provide
or removing any of the trees planted pursuant to this MOU should City
determine that it is necessary for any reason.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY
CONSERVATION CORPS FOR PLANTING 200 TREES IN CITY PARKS
II. TERM
This MOU will be effective February 18, 2020 and will end December 31, 2020, except that
certain identified provisions of this MOU will survive termination or expiration. The term of this MOU
can be extended by a writing signed by the City Attorney and City Manager,
III, INSURANCE
OCCC will maintain, and will require any subcontractors providing services pursuant to this MOU
to maintain, and will provide to City proof of the following insurance coverages prior to providing any
services pursuant to this MOU:
A. Commercial General Liability Insurance. OCCC shall maintain commercial general
liability insurance, which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and
damage to property, resulting from any act or occurrence arising out of OCCC's
negligent operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. This insurance policy shall not have an exclusion for
sexual molestation. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, In the total amount of $1,000,000 per occurrence and
$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self-insurance programs
maintained by the City; and (c) contain standard separation of insured provisions.
B. Business automobile liability Insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with California State law, OCCC, if
OCCC has any employees, is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing the performance of
the work under this Agreement, OCCC agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000 per accident.
D. The following requirements apply to the insurance to be provided by OCCC pursuant to
this section:
1. OCCC shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
2. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City.
3. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
4. OCCC shall supply City with fully executed additional insured endorsement.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY
CONSERVATION CORPS FOR PLANTING 200 TREES IN CITY PARKS
E. If OCCC fails or refuses to produce or maintain the Insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
terminate this Agreement. Such termination shall not affect OCCC's right to be paid for
its time and materials expended prior to notification of termination. OCCC waives the
right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
IV. INDEMNIFICATION
City and OCCC acknowledge this MOU is by and between two independent organizations and is
not intended to and shall not be construed to create the relationship of agent, servant, employee,
partnership, joint venture, or association. For liability purposes, neither organization shall be considered
the agent of the other.
OCCC shall Indemnify, defend, and hold harmless City, its officers, agents, and employees from
any and all claims, demands, actions, causes of action, damages or liability for injury to or death of
persons, or for damage to property resulting from or arising out of any criminal or negligent act of its
officers, agents or employees In the exercise of any right or privilege by OCCC, its employees, officers, or
agents pursuant to this MOU.
City shall indemnify, defend, and hold harmless OCCC, its officers, agents, and employees from
any and all claims, demands, actions, causes of action, damages or liability for injury to or death of
persons, or for damage to property resulting from or arising out of any criminal or negligent act of its
officers, agents or employees in the exercise of any right or privilege by City pursuant to this MOU.
Except as otherwise provided, all disputes between the parties arising out or relating to this
MOU may be decided by means of legal action provided by California state law and venued in Orange
County Superior Court. Each party shall pay for its own costs and attorney's fees arising from such legal
action. The provisions of this Section will survive expiration or termination of this MOU.
V. NON-DISCRIMINATION
City and OCCC both agree that they shall not discriminate because of race, color, creed, religion,
sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions,
genetic information, or military and veteran status, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. City and OCCC further affirm that they are both an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
VI. TERMINATION
This MOU can be terminated by either City or OCCC with five (S) days' notice in writing to the
other party. Any notice provided pursuant to this Section shall be sent to the following individuals:
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY
CONSERVATION CORPS FOR PLANTING 200 TREES IN CITY PARKS
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With a copy to: Executive Director of Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
To OCCC: Orange County Conservation Corps.
1853 North Raymond Avenue
Anaheim, California 92801
Attn:1. Newton, Project Manager
VII. MISCELLANEOUS PROVISIONS
Each signatory to this MOU represents that he or she has the express authority to bind his or her
respective party to each and every term contained in this MOU. The parties agree that electronic
signatures can be used in lieu of original signatures and can be transmitted via fax or email.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding
on the date and year first written above.
ATTEST:
Daisy Gomez, CMC
Clerk of the C�ouncil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: &i.UIOG X • km4 ti1-.
Laura A. Rossini
Senior Assistant City Attorney
CITY OF SANTA ANA
Kristine Ridge
City Manager
[Signatures continue on the next page]
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY
CONSERVATION CORPS FOR PLANTING 200 TREES IN CITY PARKS
4
RECOMMENDED FO
COUNTY CONSERVATION CORPS.
LisacRdd16ff /q(Name)
Executive Director of Parks, (Title)
Recreation and Community Services Agency
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY
CONSERVATION CORPS FOR PLANTING 200 TREES IN CITY PARKS
EXHIBITA
OCCC Proposal
5
i"I",, (1ii 1111, P,',;U±alh#!.k, 1,)(,, I.twiwl
ORANGE COUNTY
(''ONISERVATIC' N C(
February 5, 2020
Ron Ono, Admfnistradve Services Manager
City of Santa Ana
Parks, Recreation and Community Services Agency-M23
20 Civic Center Plaza
21d Floor, RM 272
PO Box1988
Santa Ana, CA 92702
714.571.4220
Re: Grant Funded Planting of 200 Trees in City Parks
Dear Mr, Ono,
The Orange County Conservation Corps (OCCC) has
received a grant to install 200 trees within 5 City of
Santa Ana Parks. The acquisition of the trees, stakes
and the labor to install them will be funded by the
grant. The City of Santa Ana will provide coordination
and final determination of the trees to be planted in
We sincerely appreciate your Interest in partnering
with OCCC. Founded in 1993, OCCC is a private non-
profit 501(c) (3) organization funded by grants, work
contracts, donations and contributions. The OCCC
serves young adults who need support in the transition
from adolescence to adult employability by providing
work projects that benefit the community while
Instilling a work ethic and a sense of public service, In
CSL88101187; C-27
INSIDE THIS PROPOSAL
CoverSheet...................................................................
Statement of Understanding.....................................1
Site Plan -Lillie King Park............................................2
Site Plan-Sandpointe Part(.........................................3
Site Plan -Saddleback View Park...............................4
Site Plan -Delhi Park...................................................t6
many cases, OCCC provides the first paid work experience for Orange County's young adults.
Thank you,
Jeremy Newton, Project Manager
"Hann. C 1t ,ri4di,.n 0471, I;Xut'll" t an,• rc a1 ✓ 1lm, rFlrurt,p,'.� It,.u1 a rrk un,l parwaul l y,„rriiviln
Site Plan -Lillie King Park -
Not to Scale
Address:
498 West Alton Ave., Santa Ana, CA
92707
Site Plan-Sandpointe Park -
Not to Scale
Address:
498 West Alton Ave., Santa Ana, CA
92707
t'
Proposed Tree Installation around
Perimeter of Park — Final locations to be
determined and coordinated with City
Staff,
Limit of
Work Line
I Project Location: Sandpointe Park Tree Genus and Species Quantitv
Parkinsonia aculeata
10
atanus Racemosa 1 5
Pinus halapensis 1 15
Site Plan -Saddleback View
Park
Address:
621 Patrici
92701
I Project Location: Saddleback View Tree Genus and Sneries nuantiry I
a aculeata
Site Plan -Pacific Electric
Bike Trail -Not to Scale
Address: am
Limit of
329 McFadden Ave., Santa Ana, CA Work Line
92707
Proposed Tree Installation around along
bike trail — Final locations to be
determined and coordinated with City
Staff,
. 'j% - + '
jProjectLocation: PEBikeTrail Tree Genus and Species Quantity
Parkinsoni
Gies 1 10
IPlatanus Racemosa 1 10 1
is 1 10
Site Plan -Delhi Park -Not to
Scale
Address:
2314 S. Halladay St., Santa Ana, CA
92707
Y
Proposed Tree Installation around
Perimeter of Park — Final locations to be
determined and coordinated with City.
Staff.
Limit of
Work Line