HomeMy WebLinkAboutReso 187-2018 (18-988)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 187 -2018
File Number: 18 -988 Enactment Number: RES 187 -2018
RESOLUTION APPROVING THE ACCEPTANCE OF GRANT
FUNDS FROM THE CALIFORNIA URBAN FOREST COUNCIL, IN
PARTNERSHIP WITH WEST COAST ARBORISTS, THE
INTERNATIONAL SOCIETY OF ARBORICULTURE, AND
CALFIRE, IN THE AMOUNT OF $8,000 AND AN IN-KIND
DONATION OF UP TO 200 TREES, AND AMENDING THE PARKS
AND RECREATION DEPARTMENT'S FISCAL YEAR 2018 -19
OPERATING BUDGET PURSUANT TO BUDGET AMENDMENT
# 19.026.
WHEREAS, the California Urban Forest Council, in partnership with West Coast Arborists, the
International Society of Arboriculture, and CalFire, is coordinating a tree planting program, and wishes
to donate 200 trees for planting in South San Francisco; and
WHEREAS, the California Urban Forest Council, in partnership with West Coast Arborists, the
International Society of Arboriculture, and CalFire, will provide project overhead funding in the amount
of $8,000; and
WHEREAS, staff identified the Paradise Valley and Peck's Lot neighborhoods as the project site for this
first round of funding; and
WHEREAS, tree planting will be completed as part of an Arbor Day event on April 20, 2019.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that
the City Council hereby approves the acceptance of grant funds from the California Urban Forest
Council, in partnership with West Coast Arborists, the International Society of Arboriculture, and
CalFire, in the amount of $8,000 and an in -kind donation of up to 200 trees, and amends the Parks and
Recreation Department's Fiscal Year 2018 -19 Operating Budget.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the funding
agreement and any other necessary documents on behalf of the City, subject to approval as to form by
the City Attorney.
City of South San Francisco page 1
File Number: 18 -988
Enactment Number: RES 187 -2018
At a meeting of the City Council on 11/14/2018, a motion was made by Richard Garbarino, seconded by
Pradeep Gupta, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Pro Tern Matsumoto, Councilmember Garbarino, Councilmember Gupta,
and Councilmember Addiego
Absent: 1 Mayor Normandy
Attest by
City of South San Francisco Page 2
Memorandum of Understanding
The following Memorandum of Understanding (“MOU”) is between the California Urban Forests
Council (“CaUFC”) and the City of South San Francisco (“City”), a municipal corporation, in reference
to the California Initiative to Reduce Carbon and Limit Emissions 3.0 High Speed Rail (CIRCLE 3.0
HSR) project and project deliverables.
Interested Parties
The California Urban Forests Council and City, agree to work cooperatively on the California Initiative
to Reduce Carbon and Limit Emissions 3.0 High Speed Rail (CIRCLE 3.0 HSR) project and the
associated deliverables to honor our contract agreement with CAL FIRE. West Coast Arborists, Inc.,
(WCA) is contracted to CaUFC for completion of the CIRCLE 3.0 HSR project and is responsible for
program management and tree maintenance activities. For purposes of this MOU, there are two major
contributors to this process: Nancy Hughes representing CaUFC, Andrew Pineda representing WCA, Inc,.
For reference purposes, CaUFC, WCA and the City shall be referred to as the “Parties.”
Duties and Responsibilities
CaUFC, WCA, and City pledge to work together in a spirit of cooperation to complete the work.
All Parties shall comply with all relevant laws and regulations regarding documentation, reporting, use,
etc. of any state funds in accordance with applicable state law and furnish administrative assistance
services including but not limited to:
a. Adherence to the approved scope of work, above, and set out in the assigned project.
b. Retention of all records for three (3) years after the end of the contract term. This requirement
applies to fiscal records, reports and client information. Additionally, City agrees to make all
records relating to the contract available upon request by CaUFC.
Decision Making
Decisions will be made by consensus of all Parties when there are proposed changes to the scope of work.
Decision-making will be done jointly and in a spirit of cooperation. All decisions that are proposed and/or
change the scope of work (verbal, written, or implied) must be agreed upon and authorized in writing by
all Parties prior to commencing with the additional work. Otherwise, work can proceed as agreed upon for
each party in the scope of work.
Scope of Work and Budget
The scope of work and budget for is set forth as follows, and is subject to change based on City’s desired
project :
Scope of Work Budget
1 CA Tree Team Workshop
-Community outreach and workshop promotion
-Co-host and recruit volunteers/staff to be trained to be
canvassers by the CIRCLE 3.0 HSR Team
$2,000
2 Information Delivery, Site Delineation, Data Management
-Information Delivery for ~ 200 trees
(i.e. doorhangers, mailers, flyers, etc)
Subject to continuously evolving scope of work
-DigAlert Site Delineation for ~ 200 sites
-Data Management
(i.e. track sites visited, delineated, hours worked, etc)
-Track and report any matched hours or donations towards
project.
$1,000
3 Arbor Day Planting Event
-Co-host and volunteer outreach
-Planning logistics and day-of details
-Seek donations from connected organizations
$2,000
4 Communication and publicity
-Sharing social media posts, press releases, etc.
-Additional based on desired project outcomes
-CIRCLE 3.0 Conference Calls
$1,000
5 Incentive - $10 per watering agreement for up to 200 trees $2,000*
contingent upon completion of
task
Total
$8,000
Note: Please allow a minimum of 90 days after submission of invoice for payment
All Parties agree to strictly adhere to the approved budget; any changes must first
be approved by consensus of all Parties.
Timeline
All parties agree that the CIRCLE 3.0 HSR project will be completed in final versions by 06/30/2019
though periodic benchmarks may be set through the scope of work to support on-time project completion.
Insurance
The Parties agree to maintain sufficient insurance, self-insurance or a combination thereof to comply with
the following requirements, and, if requested, each party shall furnish the other party with certificates of
insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing as set forth
in this agreement of any pending change in the limits of liability or of any cancellation or modification of
the policy.
a. Worker's Compensation and Employer's Liability Insurance. Both parties shall have in
effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability
Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this
Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware
of the provisions of Section 3700 of the California Labor Code which requires every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the
provisions of the Code, and parties will comply with such provisions before commencing the performance
of the work of this Agreement.
b. Liability Insurance. CaUFC, WCA and the City shall take out and maintain during the
life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall
protect it while performing work covered by this Agreement from any and all claims for damages for
bodily injury, including accidental death, as well as any and all claims for property damage which may
arise from CaUFC’s, WCA’s and the City’s operations under this Agreement, whether such operation be
by itself or by any subcontractor or by anyone directly or indirectly employed by either of them. Such
insurance shall be combined single limit bodily injury and property damage for each occurrence and shall
be not less than:
1. Comprehensive General Liability . . . . . . . . . . . . . . . $ 2,000,000
2. Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . $ 2,000,000
Hold Harmless/Indemnification
a. CaUFC and WCA shall defend, save harmless and indemnify the City, its officers and
employees from any and all claims which arise out of the terms and conditions of this Agreement and
which result from the negligent acts or omissions of CaUFC, WCA, its officers, employees and
contractors.
b. City shall defend, save harmless, and indemnify CaUFC, WCA its officers and
employees from any and all claims for injuries or damage to persons and/or property which arise out of
the terms and conditions of this Agreement and which result from the negligent acts or omissions of City,
its officers, employees and contractors.
c. In the event of concurrent negligence of City, CaUFC, and WCA then the liability for any
and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of
this Agreement shall be apportioned according to the California theory of comparative negligence.
d. This section shall include, without limitation, any actions, claims, suits, demands, and
liability of every name, kind, and description brought for, or on account of injuries to or death of any
person, including CaUFC, WCA, or City, or damage to property of any kind whatsoever and to
whomsoever belonging.
e. The duty to indemnify and hold harmless as set forth herein shall include the duty to
defend as set forth in Civil Code Section 2778.
Relationship of Parties
It is understood by the Parties that WCA is an independent contractor with respect to CaUFC and not an
employee. CaUFC will not provide fringe benefits (including health insurance benefits, paid vacation, or
any employee benefits), for the benefit of the contractor. The contractor will be responsible for it’s own
local, state and federal government tax obligations. WCA may, under its’ own company policies, receive
vacation, sick, and personal days which CaUFC is not required to reimburse contractor for, but days will
be taken as appropriate for contractor.
We the undersigned agree to this Memorandum of Understanding.
_______________________ ______________________
Nancy Hughes Mike Futrell
Executive Director City Manager
California Urban Forests Council City of South San Francisco
______________________ ______________________
Date Executed Date Executed