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HomeMy WebLinkAbout24N410 - Project EverGreenCONTRACT ABSTRACT Contract prepared by: Janet Burns, Administrative Specialist Submitted on: 1/9/25 By: Janet Burns Note: Project EverGreen does not own any machinery and will be coordinating with City and local businesses for donation of supplies and use of equipment by volunteers for the Project. Waivers have been approved. Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Project EverGreen Cindy Code, Executive Director Project EverGreen to provide volunteer services and donated supplies for revitalizing the Demuth Park Little League field. $0, see Section III. Coordination Between Parties None Effective Date through February 1, 2025 Contract Administration Lead Department: Contract Administrator: Parks & Recreation Nicholas Gonzalez, Director Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A 24N410 Contract Compliance Exhibits: Signatures: Insurance: Bonds COMPLETED COMPLETED COMPLETED, SEE NOTES BELOW N/A Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND PROJECT EVERGREEN FY2025 This Memorandum of Understanding (“MOU”), by and between the City of Palm Springs (“City”), and Project EverGreen (“PE”), a national non-profit foundation. City and PE are sometimes referred to individually as a “Party” and collectively as the “Parties”. This MOU shall be effective on the date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties. RECITALS WHEREAS, the City is a California charter city and municipal corporation; WHEREAS, PE, is a national no-profit foundation, committed to helping people work together to create healthy green space through GreenCare for Communities initiatives that revitalize parks and public green spaces in cities across the country; WHEREAS, the City is the owner of the Demuth Park, located at 3965 E. Mesquite Ave., Palm Springs, CA 92264 (“Center”); WHEREAS, the City and PE desire to partner to provide “Project” for Demuth Park Little League ballfield as outlined in Exhibit A; WHEREAS, the City will provide the Center Demuth Park Little League ballfield for PE to provide the Project; WHEREAS, the Parties desire to enter this memorandum of understanding, to define the responsibilities of the Parties to each other in accomplishing this purpose. AGREEMENT I. OBLIGATIONS OF THE CITY a. City will coordinate the Demuth Park closure and road encroachments on day of the Project. b. City will collaborate with PE in shipment and storage of donated supplies and equipment. c. City will provide additional equipment needed for operations of the Project. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 2 d. City will coordinate appearance of members of City Council and Parks & Recreation Commission at re-opening event. e. City will coordinate the media outreach and community awareness of Project. II. OBLIGATIONS OF PROJECT EVERGREEN a. PE will provide donated materials and supplies necessary for Project operation and will be responsible for all materials costs associated with the Project. b. PE will be responsible for all volunteer scheduling, recruiting, training, and vetting. c. PE-trained volunteers will assist in the operations and physical labor of the Project. d. PE acknowledges that its staff, volunteers, and participants will abide by the City Code of Conduct as outlined in Exhibit B. . III. COORDINATION BETWEEN PARTIES a. To the extent possible, the Parties will participate in the development of the Project. b. Nothing in this memorandum shall obligate either party to the transfer of funds to the other party. Any endeavor involving reimbursement or contribution of funds between the parties of the MOU will be handled in accordance with applicable laws, regulations, procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties involved. IV. INSURANCE PE will obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on the PE’s structure and activities. V. AMENDMENT, RENEWAL AND TERMINATION a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on February 1, 2025. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 3 b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties. c. This MOU may be terminated by either Party upon 30 days written notice. VI. INDEMNITY a. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys’ fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying party’s negligent or wrongful acts or omissions arising from its respective activities pursuant to this MOU. VII. DISPUTE RESOLUTION a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process. VIII. GENERAL PROVISIONS a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of PE and the City. c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and PE understand, acknowledge and agree that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The City and PE understand, acknowledge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 4 d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. e. Warranty of Authority. The persons executing this MOU on behalf of the City and PE represent and warrant that they are duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. f. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU. g. Notices. All notices, demands and communications between the City and PE shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses: City Representative and Contract Officer: Scott Stiles, City Manager City of Palm Springs PO BOX 2743 Palm Springs CA 92263-2743 Or designee: Nicholas Gonzalez, Director of Parks & Recreation 401 S. Pavilion Way Palm Springs, CA 92262 (760) 323-8272 | Nicholas.Gonzalez@palmspringsca.gov PE Representatives: Project EverGreen Attn: Cindy Code Executive Director 8500 Station St. Suite 230 Mentor, OH 44060 (440) 463-6445 | cindycode@projectevergreen.org On-site contact to coordinate with City regarding operational matters: Scott Bills, CSFM Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 5 Board President, Project EverGreen (908) 268-8866 | scott@sportsfieldsolutionsllc.com The foregoing names, addresses may be changed at any time by written notice, as provided above. h. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. i. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 6 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND PROJECT EVERGREEN FY2025 IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the last date noted below. CITY OF PALM SPRINGS PROJECT EVERGREEN Nicholas S. Gonzalez Scott Bills Director, Parks & Recreation Board President APPROVED AS TO FORM: _____________________________ Jeff Ballinger City Attorney ATTEST: _____________________________ Brenda Pree City Clerk Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 1/10/2025 1/13/2025 1/13/2025 1/13/2025 55575.18185\42827743.1 7 EXHIBIT A SCOPE OF WORK I. ACTIVITY DESCRIPTION PE shall provide a Project in a manner consistent with industry standards in the Sports Field Managers Association and the Greencare for Communities Initiative. PE will collaborate with the City Parks & Recreation department in restoring, renovating, and revitalizing an identified location in need of resources and large-scale maintenance work (“Project”). PE will coordinate with the City Parks & Recreation department in bringing in volunteer workers, donors, donated materials, and ensure that the City has the resources to sustain the renovated location. PE will provide a Project to include but not limited to painting backboards, providing turf conversion, restriping field lines, repair irrigation lines, repair fencing, reseed the fields, and clean and maintenance the dug outs and bleachers. II. LOCATION PE shall be located at the Demuth Park Little League ball field for the Project at no cost to the City. III. SCHEDULE PE will be scheduled to complete the Project during recreational facility standard operating hours. Hours may be adjusted with written permission of the Parks & Recreation Director. The standard schedule is as follows: EVENT DATE TIME PERIOD Monday, January 13, 2025 12:00 PM – 5:00 PM IV. PROJECT DETAILS PE shall provide the following scope of services: • Establishing the radius on all 4 fields at 60 feet from the front of the pitching rubbers. • Removing all grass and/or topsoil from inside the 60-foot radius. • Removing any existing infield mix from beyond the 60-foot radius. • Supply and install infield mix and/or topsoil to establish the infield skin surface and infield perimeter. • Supply and iEvergrenstall Bermuda sod overseeded with Perennial Ryegrass to establish the 60-foot radius. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 8 • Supply, install and grade infield mix to cut high areas and fill low areas. • Supply and install new pitching rubbers, home plates and base sets at the required distances, alignment and elevations. • Supply and install mound clay to reinforce the home plate batter’s boxes and pitching areas. • Supply and spread 1 ton of Conditioner on each infield. • Groom ready for play. • Any and all irrigation repairs will include installing or adjusting heads for the 60-foot radius and/or new heads for the remainder of the turf area in the outfields. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 55575.18185\42827743.1 9 EXHIBIT B CODE OF CONDUCT The City is committed to fostering a welcoming environment for its employees residents, and visitors on City premises or engaging in City-related business. The intent of this Code of Conduct is for the City to define expectations of an individual or business conducting business on City premises or through the City providing services or programs. This Exhibit provides information to instructors, coaches, and City Center users regarding standards of acceptable behaviors with respect to basic rights, as well as duty of good faith and fair dealing. USER IS EXPECTED TO DO THE FOLLOWING: • Demonstrate courtesy. • Behave in a responsible manner, always exercising self-discipline. • Respect the right and privileges of other participants, volunteers, and City staff. • Respect the property of others, including City property and facilities. • Cooperate with or assist the City staff in maintaining safety, order, and discipline. • Coordinate in a responsible and timely manner with City staff in addressing class scheduling or other issues with program or participants. EXAMPLES OF UNACCEPTABLE BEHAVIORS INCLUDE THE FOLLOWING: • Any instance of any form of insubordination or undermining of authority of City staff. • Any form of threatening, coercive, or aggressive behavior toward participants, volunteers or City staff, whether written (including text or email), verbally, or physically. • Engaging in loud, rude, unprofessional or aggressive behavior on City Property. • Defacing/damaging City property or the property of others. • Failure to follow rules and regulations of the City of Palm Springs This Code of Conduct applies to all persons participating in any program, class, service, or using a City facility managed and operated by the City of Palm Springs Department of Parks & Recreation. Failure to abide by such Code of Conduct may result in termination of this Agreement. Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/19/2024 Church Asset Management,Inc. 1500 Wall Street Saint Charles MO 63303 Mary Tersteeg 800-200-7257 866-608-0600 info@LTCAM.com License#:L100460 Philadelphia Indemnity Insurance Company 18058 PROJEVE-01 Project Evergreen Foundation 8500 Station St.#230 Mentor OH 44060 406089423 A X 1,000,000 X 100,000 5,000 1,000,000 3,000,000 X PHPK2572298 8/17/2024 8/17/2025 3,000,000 The City of Palm Springs,its officials,employees and agents are named as additional insureds per written contract for the project to be held on January 13, 2025.This insurance is primary and non-contributory over any insurance or self-insurance the City may have in place. City of Palm Springs PO Box 2743 Palm Springs CA 92262 Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 PROJECT EVERGREEN VOLUNTEER AGREEMENT INCLUDING WAIVER AND RELEASE (FOR INDIVIDUAL VOLUNTEERS, BUSINESSES and SCHOOL/YOUTH GROUPS) Project EverGreen, on condition of your signing this waiver and affirming the promises and statements contained below, agrees to permit you to participate in volunteer service at TBD, Palm Springs, CA I, ____________________________________ acknowledge the following statements are true: (Print name) I acknowledge that my services are provided strictly on a volunteer basis, without any pay or compensation of any kind, and without any liability of any nature on behalf of PROJECT EVERGREEN; all services are performed at my own risk. I acknowledge that my participation in volunteering with activities involve d in the Project entails known and unanticipated risks that could result in physical or emotional injury, damage to me, to my property, or to third parties. These risks include the following but not limited to: Tripping, falling, scraping, bruising, scratched, insect bites, sunburn or other. I certify that I have adequate insurance to cover any injury or damage I may suff er while participating, or else agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. On behalf of myself, my heirs, personal representatives and executors, I hereby disclaim, release and waive any and all claims against PROJECT EVERGREEN for personal injuries or damages to property sustained by myself or any other person arising out of my participation in the project, including claims and damages arising in whole or in part from the negligence of PROJECT EVERGEEN, its agents or employees. IT IS MY EXPRESS INTENT TO RELEASE PROJECT EVERGREEN FROM ANY AND ALL CLAIMS ARISING FROM MY PARTICIPATION IN THE PROJECT REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE OF PROJECT EVERGREEN, ITS AGENTS OR EMPLOYEES. In signing this release and waiver I am relying wholly upon my own judgment, belief and knowledge. By signing this document, I acknowledge that if anyone is hurt or my property is damaged during my participation as a volunteer, I may be found by a court of law to have waived my right to maintain a lawsuit against PROJECT EVERGREEN on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I read and understand it, and I agree to be bound by its terms. PHOTO RELEASE I hereby consent to and authorize PROJECT EVERGREEN, its publishers, licensees and assignees, permission to use and reproduce still photographs and/or film footage taken o f me (and/or photos taken of my child/children) in whole or in part, with or without names, for editorial, trade or Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9 advertising purposes. I also confirm that I waive all claims arising from such use for any additional compensation, damages, and invasion of privacy. VOLUNTEER NAME ______________________________________________ (please print) SIGNATURE ______________________________ DATE _________________ COMPANY NAME_________________________________________________ (if applicable) ADDRESS ______________________________________________________ CITY ___________________ STATE_______________________ ZIP CODE ____________ EMERGENCY PHONE NUMBER __________________________________ EMAIL _______________________________________________________ Docusign Envelope ID: CC7047B0-EE92-4FE2-A456-8392AE618BF9