HomeMy WebLinkAboutCounty of Mendocino 2016-11-01BOS AMEEMENT # 0 9
MEMORANDUM OF UNDERSTANDING[ti
This Memorandum of Understanding (MOU) is entered into on the 1 S F day of
/Uyvefy-,�-v , 2016, among the County of Mendocino (hereinafter referred to as
"County"), the City of Ukiah (hereinafter referred to as "City"), and the Ukiah Valley Trail
Group (hereinafter referred to as "UVTG)"). The purpose of the MOU is to establish a frame
work for cooperation and partnership among the County, the City, and the UVTG to assist
one another, in areas of mutual interest and concern as it pertains to County and City owned
and operated property and parks.
WHEREAS, County owns the properties (hereafter "County Properties") located at:
• Low Gap Park, Ukiah, CA (excluding "City View Trail"), APNs 001-020-11-00, 001-020-
68-00, & 001-020-69-00,
• Mill Creek Park, Ukiah, CA, APNs 189-060-10-05, 189-060-06, 189-060-10 189-060-15,
& 189-060-17; 189-070-11, 189-070-15 and
WHEREAS, City owns and/or leases property (hereafter "City Properties") within and
outside its city limits on which it may want UVTG to perform projects, including, but not
limited to, City View Trail; and
WHEREAS, County Properties and City Properties are collectively called "Properties" in
this MOU; and
WHEREAS, UVTG proposes to identify, plan and perform trail enhancement and/or
improvement projects on the Properties in cooperation with the City and County; and
WHEREAS, UVTG intends to donate all material and labor for all projects proposed, but at
times, the County and/or City may elect to assist with a project; and
WHEREAS, UVTG will provide written notification of all projects occurring on County and
City properties prior to starting; and
WHEREAS, it is agreed by all parties that all projects are intended to benefit the
community.
THEREFORE, it is understood that County, City, and UVTG shall be governed by the
following terms of this Memorandum of Understanding (hereinafter referred to as "MOU"):
1. UVTG, County, and City agree that all project costs and expenses are the sole
responsibility of UVTG unless otherwise agreed to in writing by the County and/or City.
2. UVTG shall provide to County and City written notification of all projects and
receive written approval from County or City, as applicable, prior to starting. To obtain
approval, UVTG shall:
a. Submit a plan to the satisfaction of the City or County, demonstrating that
the project will comply with applicable building codes and regulations as adopted by the
County or City, Americans with Disabilities Act and any other applicable statute,
ordinance or regulation and, for work to which such ordinances, statutes or regulations do
not apply, to standards agreeable to the City or County and UVTG.
b. As to any project for which a contractor's license is required by law, UVTG
shall demonstrate that the project will be performed by a contractor with a currently
effective license in good standing from the California Construction Standards Licensing
Board and any applicable business license(s) or other requirements as mandated by
federal, state and local regulations to perform the work requiring the license.
3. Work performed by UVTG, its agents or volunteers must comply with the
approved plans and all applicable federal, state, and local laws and standards approved
by City or County, as applicable. Any contractor hired by UVTG shall be licensed and
registered in accordance with 2.b, above.
4. Prior to engaging in any activity requiring a permit, UVTG shall acquire any
necessary or required permits from the appropriate regulating body for the proposed use
or development.
5. UVTG will schedule all inspections and make any corrections in accordance to
applicable building codes and the local inspecting jurisdictions requirements as required
pursuant to the permit in 4 above.
6. All permanent projects constructed by UVTG on County Properties shall become
the property of County and on City Properties shall become the property of the City.
7. Nothing in this MOU shall obligate the City or the County to expend funds or to
enter into any future contract, supplemental agreement, or obligation. Any endeavor
involving reimbursement or contribution of funds between or among the parties to this
MOU will be handled in accordance with applicable laws, regulations, and procedures.
Such endeavors will be outlined in separate agreements that shall be made in writing by
representatives of the parties and shall be independently authorized by appropriate
statutory authority. This MOU does not provide such authority. Specifically, this MOU
does not establish authority for noncompetitive award to the UVTG of any contract or
other agreement.
8. Prior to performing any work under this agreement, UVTG shall furnish to County
and/or City (as applicable) certificates of insurance with Automobile Liability/General
Liability Endorsements evidencing at a minimum coverage for (a) combined single limit
bodily injury liability and property damage liability $1,000,000 each occurrence..
Insurance coverage in the minimum amounts set forth herein shall not be construed to
relieve UVTG for liability in excess of such coverage, nor shall it preclude County and/or
City (as applicable) from taking such other action as is available to it under any other
provisions of this MOU or otherwise in law.
9. County and City shall not be liable for and are free from the cost of any damages
for personal injury or property damage resulting from any projects performed by UVTG.
UVTG covenants and agrees to defend, indemnify and hold harmless County, City, and
their officers, agents, and employees, from and against any and all claims, liability, loss,
costs, or other obligations, including reasonable attorney's fees, the fees of experts,
consultants, or investigators, and the cost of completely abating or cleaning up any
contamination of the properties, waters of the State of California, or other properties, on
account of or arising out of the UVTG projects on the Properties or improvements
thereon.
10. UVTG shall not be liable for and is free from the cost of any damages for
personal injury or property damage resulting from any work performed by County or City.
County and City covenants and agrees to defend, indemnify and hold harmless UVTG, its
officers, agents, and employees, from and against any and all claims, liability, loss, costs,
or other obligations, including reasonable attorney's fees, the fees of experts,
consultants, or investigators, and the cost of completely abating or cleaning up any
contamination of the properties, waters of the State of California, or other properties, on
account of or arising out of the County or City work on the Properties or improvements
thereon.
11. UVTG and each person performing work on behalf of UVTG on City Properties for
the City, including volunteers, shall register to participate in the County's Volunteer
Program through NCO and complete the City of Ukiah's Volunteer Waiver in substantially
the form of the attached Exhibit A before participating on any project.
12. The parties agree that any problems or disputes that arise in performing under this
MOU shall be communicated immediately to the County of Mendocino Facilities and Fleet
Division of the Executive Office with respect to County Property and to the City
Community Services Department with respect to City Properties which shall take
appropriate steps to resolve same.
13. Each party to this MOU shall have the right to cancel the MOU, upon thirty (30)
days written notice to the other parties.
14. The following individuals will be the point of contact for this MOU.
Executive Office
City of Ukiah
Ukiah Valley Trail Group
Carmel Angelo, CEO
Sage Sangiacomo
Neil Davis, President
501 Low Gap Road
300 Seminary Ave
607 Redwood Ave.
Ukiah, CA 95482
Ukiah, CA 95482
Ukiah, CA 95482
(707) 463-4441
(707) 463-6213
(707) 972-0926
15. Any and all existing statements or agreements, whether oral or written, or
renewals thereof, between the parties hereto, covering projects performed by UVTG on
the Properties , are hereby canceled and superseded by the terms of this MOU, and such
prior agreements, statements, or understandings shall have no further force or effect.
16. UVTG shall not assign its rights or obligations under this Agreement without the
prior written approval of the City and the County. This MOU shall apply to and bind the
parties, their personal representatives, and their permitted successors or assigns. The
MOU shall be governed by the laws of the State of California, and is to be performed in
the County of Mendocino, State of California.
17. This MOU may be executed in one or more duplicate originals bearing the original
signature of all parties and when so executed and such duplicate original shall be
admissible as proof of the existence and terms of the MOU. The parties irrevocably
consent to the jurisdiction and venue of California courts in Mendocino County.
18. The term of the MOU shall commence on l\1oye_mlo2r 1 , 2016, and
shall continue until C)c �&r 31 , 2019. This MOU may be extended on
its same terms and conditions, for a period not to exceed two (2) years, upon written
agreement between the County, City and UVTG.
19. In performing under this Agreement, UVTG is an independent contractor and not
in a joint venture with the City or the County. Volunteers performing on behalf of UVTG
are volunteers of UVTG and not of the City or the County. They are not employees of the
City or the County for any purpose and do not work under the direction or control of the
City or the County. UVTG is solely responsible for training and supervising the
performance of its volunteers and for maintaining work -place
safety and compliance with applicable statutes and regulations, including, but not
limited to, the California Occupational and Health Administration requirements.
Entered on the date first written above.
Ukiah Valley Trail Group
-
Neil Davis, RK Executive Director
Date
City of Ukiah
age Sangiacomo, City M a er
Date
COUNTY OF MENDOCINO
By.
DAN GJERDE-,NOV 0 1 2016
BOARD OF SUPERVISORS
ATTEST:
CARMEL, J. AANNGEELL`O,, Clerk of said Board
By:
Deputy
NOV 01 2016
1 hereby certify that according to the provisions of
Government Code Section 25103, delivery of this
document has been made.
CARMEL J. ANNGELO, Clerk of said Board
Deputy
-NOV 0120
4
County of Mendocino
C ristopher D. Shaver, Facilities
APPROVED AS TO FORM:
County Counsel
FISCAL REVIEW:
Deputy CEO/Fiscal
EXECUTIVE OFFICE REVIEW:
Carmel J. Angelo, Chief Executive Officer
INSURANCE REVIEW:
RISK MANAGER
ALAN D. FLORA, Risk Manager