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HomeMy WebLinkAboutAgenda Report - October 4, 2017 C-06CITY OF LODI COUNCIL COMMUNICATION TM AGENDA ITEM C -b AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding with Tree Lodi MEETING DATE: October 4, 2017 SUBMITTED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding with Tree Lodi. BACKGROUND INFORMATION: The City enters into agreements with various groups for mutually beneficial purposes. Tree Lodi, a local nonprofit, has partnered with the Parks, Recreation and Cultural Services Department (PRCS)on a number of projects that have benefited the City's parks. These include planting hundreds of trees, assisting with grants and special events that promote our urban forest and engage the community. Steve Dutra, the recently retired Park Superintendent, is a member of Tree Lodi who previously facilitated the projects between the nonprofit and the Parks Division with the support of the Director. Since his retirement in late 2016, Tree Lodi and PRCS have worked toward formalizing the relationship through a Memorandum of Understanding (MOU) that will last beyond the individuals currently involved. Attached is the MOU approved by PRCS, Tree Lodi and the City Attorney's office. The highlight of the agreement calls for Tree Lodi to take the lead in the annual Arbor Day activities and oversee the Memorial Tree program for City parks, and for PRCS to provide administrative support, including a meeting location and coordinating staff assistance in tree planting projects. The Parks and Recreation Commission last year endorsed the concepts behind the MOU. FISCAL IMPACT: Tree Lodi provides trees and maintenance services worth thousands of dollars each year that otherwise would come from the PRCS Parks Division's operating budget. FUNDING AVAILABLE: Not applicable. Jeff Hoa Parks, reation and Cultural Services Director JH:tI cc: City Attorney APPROVED: er, City Manager MEMORANDUM OF UNDERSTANDING BETWEEN TREE LODI AND THE CITY OF LODI PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT Introduction and Purpose The following is a Memorandum of Understanding ("MOU") regarding the relationship between Tree Lodi, a 501(c)3 non-profit organization ("TREE LODI") and the City of Lodi Parks, Recreation and Cultural Services, a department of the City of Lodi, a California municipal corporation ("CITY"). CITY and TREE LODI agree that trees are an important element in a community's quality of life, providing enjoyment and environmental benefits for all. The purpose of this MOU is to identify specific activities, including planting trees in City of Lodi parks, which TREE LODI volunteers have agreed to provide as a service to CITY to promote the health of Lodi's urban forest and parks; establish the obligations and conditions under which that volunteer service will be provided, and delineates the obligations of CITY to assist TREE LODI in carrying out its mission. NOW, THEREFORE, the parties in consideration of mutual obligations and promises expressed in this MOU, do agree as follows: Scope of the Agreement 1. Ownership: All trees planted by TREE LODI shall be and remain the property of the CITY. All materials, including records, data, and other information acquired, developed or documented under this MOU shall be the property of the originating party, unless otherwise mutually agreed upon by both parties. 2. Term of Agreement: The term of this MOU shall begin on October 5, 2017, and shall remain in effect until such time either party terminates this MOU pursuant to paragraph 6. 3. Tree Lodi volunteers: TREE LODI acknowledges that in undertaking the obligations under this MOU, it shall act as a volunteer for and on behalf of CITY and not as an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by TREE LODI meet specific standards without regard to the manner and means of accomplishment thereof. 4. Tree Lodi obligations: A. Coordinate Arbor Day activities. This shall include coordinating activities with CITY staff, providing planting materials, trees, soliciting volunteers and providing the public with information about the event. Assume responsibility for CITY's Memorial Tree program and coordinate activities with CITY for the designated memorial tree planting day in November of each year. 1 TREE LODI shall assume responsibility for all financial aspects of the Memorial Tree program. Ir. TREE LODI shall set any fees and charges for memorial trees, and TREE LODI shall retain all net proceeds for charitable purposes. TREE LODI shall coordinate all planting locations, which shall be approved CITY's Parks Division. a. Memorial trees must be transplanted from a minimum 15 -gallon container. b. TREE LODI shall supply all labor for planting trees at times other than listed in 4A and 4B. c. TREE LODI shall ensure that all underground utilities are marked and identified prior to any planting. Maintain all TREE LODI-supplied trees for a period of three years. This shall include supplemental watering, fertilizing, pruning, bracing and providing trunk guards. D. TREE LODI will not plant any trees or otherwise disturb park property without prior permission from CITY. E. TREE LODI shall be responsible for long-term storage of trees, fertilizer, stakes or other materials related to its tree planting. A minimum of two-thirds of TREE LODI's trees planted each year shall be planted in parks owned and maintained by CITY. TREE LODI and its volunteers, to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of TREE LODI, any subcontractor employed directly by TREE LODI, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, TREE LODI shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. During the term of this MOU, all members, volunteers, and contractors of TREE LODI shall sign a release of liability indemnifying and holding CITY harmless of any acts performed, or occurring on CITY property, and waiving the right to recover for any such damages. TREE LODI shall ensure that only individuals 2 who have signed such a release pursuant to this MOU shall be allowed to participate in its events on CITY property. Should any person who has not signed such an agreement be found to be engaging in activities on CITY property on behalf of TREE LODI, such event shall constitute a breach of this MOU and may be ground for termination. Neither the City Council, nor any other officer or authorized assistant or agent or CITY employee shall be personally responsible for any liability arising under this MOU. TREE LODI and its officers, members, agents, employees, contractors, and volunteers shall comply with all laws and regulations in the performance of all activities pursuant to this MOU. K. TREE LODI shall obtain a general liability special event insurance policy with a minimum coverage amount of $500,000 for any public event, including, but not limited to Arbor Day activities. The CITY will pay or reimburse TREE LODI for the cost of such special event insurance policy. 5. CITY obligations: A. Provide TREE LODI with space within a CITY facility for monthly meetings at no charge. A designated TREE LODI representative shall receive key/security code for the meetings, which shall be returned upon request of CITY, or termination of this MOU. Additional meetings may be held within CITY facilities with permission of the Parks Recreation and Cultural Services ("PRCS") Director. TREE LODI agrees to leave the space clean and remove all meeting materials at the conclusion of the meeting. II. Provide a designated TREE LODI representative with access to computer files needed for marketing, grant applications, tree database, historic information and other information to promote the mission of TREE LODI, as permitted by the CITY Information Systems Division. III. Provide access to a scanner/photocopier for occasional printing and copying needs. Larger printing needs requiring color must receive approval in advance from the Parks Superintendent or PRCS Director. CITY shall be reimbursed for actual costs of copies, duplications, or printings which are not made for the benefit of CITY. Provide administrative support for CITY events, including marketing and coordinating public recognition from City Council and Recreation Commission if deemed appropriate by the PRCS director. Provide assistance from the Parks Division in determining planting locations and site preparations for Arbor Day and the designated memorial tree planting day as indicated in item 4B, such as pre -digging holes for day -of -event ease. D. Purchase trees in a mutually agreed-upon number if needed for Arbor Day. 3 E. Coordinate TREE LODI's tree planting locations for times other than listed in Item C that do not require CITY labor. 6. Termination of Agreement: This MOU may be terminated by either party, with or without cause, by giving the other party at least 30 days written notice. 7. Amendment of Agreement: This MOU shall not be altered, changed or amended except by written mutual agreement of the parties. 8. Notices: PRCS Contacts: Tree Lodi Contacts: 9. No Joint Venture Jeff Hood, Director 230 W. Elm St. Lodi, CA 95240 (209) 333-6742 jhood@lodi.gov Steve Dutra 6109 E. Peltier Road Acampo, CA 95220 Parks Superintendent P.O. Box 3006 Lodi, CA 95241 (209) 333-6742 prdeptAiodi.gov The parties acknowledge that no joint venture is created by this agreement and that no relationship or rights exist between the parties other than those expressly created by this MOU. 10. Finger Printing and Background Check of Volunteers who Supervise Minors: Pursuant to Section 5164 of the Public Resources Code, and Section 11105.3 of the Penal Code, each prospective volunteer having supervisory authority over a minor on CITY property shall complete an application that inquires as to whether or not that individual has been convicted of an offense specified in Public Resources Code, section 5164, subdivision (a), and shall provide fingerprints to be screened, pursuant to Section 11105.3 of the Penal Code, for that person's criminal background. CITY may charge a prospective volunteer a fee to cover all of CITY's costs attributable to the requirements imposed by this section. 11. Successors and Assigns: CITY and TREE LODI each bind themselves, their partners, successors, assigns, and legal representatives to this MOU without the written consent of the others. TREE LODI shall not assign or transfer any interest in this MOU without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. 12. Miscellaneous: a. TREE LODI and CITY represent that each, respectively, has full right, power, and authority to execute this MOU. 4 b. This MOU constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this MOU must be in writing and executed by both parties. c. This MOU shall be construed in accordance with the laws of the State of California. d. This MOU supersedes any prior written or oral agreement between the CITY and TREE LODI. IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding as of this day of , 2017. CITY OF LODI, a municipal corporation TREE LODI, a 501(c)3 non-profit organization BY: STEPHEN SCHWABAUER City Manager ATTEST: JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JOHN P. FUKASAWA Deputy City Attorney 1 5 BY: S . �.it— RESOLUTION NO. 2017-189 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH TREE LODI, A 501(c)(3) NON-PROFIT ORGANIZATION WHEREAS, Tree Lodi, a local nonprofit, has partnered with the City of Lodi on a number of projects that have benefited the City's parks, including planting hundreds of trees, assisting with grants and special events that promote urban forest, and engaging the community; and WHEREAS, the Parks, Recreation and Cultural Services Department desires to enter into a Memorandum of Understanding to formalize the relationship with Tree Lodi; and WHEREAS, staff recommends that the City Council approve the Memorandum of Understanding between the City of Lodi and Tree Lodi, and further authorize the City Manager to execute the agreement on behalf of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve and authorize the City Manager to execute a Memorandum of Understanding between the City of Lodi and Tree Lodi, a 501(c)(3) Non -Profit Organization, formalizing its relationship for the betterment of City of Lodi parks. Dated: October 4, 2017 I hereby certify that Resolution No. 2017-189 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 4, 2017, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None -Thk TLCUA..4,4 NIFER FERRAIOLO City Clerk 2017-189