AGENDA
ITEM
7 CITY OF CALEXICO
CALEXICO
AGENDA STAFF REPORT
DATE: June 21, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, City Manage intOle a PREPARED BY: Norma Gerardo, Recreation Manager Norma Gerardo SUBJECT: Discussion and Potential Action to Authorize the City Manager to Sign Memorandum of Understanding Between the City of Calexico and the Imperial Community College District for the Purpose of Providing Courses in City Facilities
Recommendation:
City Staff cautions the City Council of the City of Calexico against approving any MOUS that do not meet the established general liability coverage limits.
Background:
Imperial Community College District (ICCD), at its sole expense, offers a variety of non- credit/community service classes throughout various locations in Imperial County. ICCD collaborates with cities in Imperial County to offer community driven courses that are scheduled at times and locations mutually agreed upon that come at no expense for the local government entity.
ICCD, in collaboration with the City of Calexico and the Recreation Department, has offered noncredit health and exercise classes for seniors in Calexico since 2018. Facility space that holds 15 to 30 people is required to conduct class instruction. Classes are free of charge and require participants to register as Imperial Valley College students.
The term of this new MOU is July 1, 2023 to June 30, 2025.
AGENDA
Discussion & Analysis: ITEM
Currently, the city has implemented a minimum coverage limit of two million dollars ($2,000,000.00) for various activities and agreements, 7 including special events permits, sports groups utilizing city fields, lease agreements, and MOUs for the use of city facilities.
It is crucial to highlight that these coverage limits have been carefully set to protect the city's interests and mitigate potential liabilities. As a self-insured entity, it is essential that adequate coverage is kept to safeguard the City's resources and to address any unforeseen circumstances that may arise during these activities or agreements.
Upon discussion on the renewal of the MOU's new term, ICDD has advised the City that due to liability insurance coverage limitations, they are unable to increase liability coverage from one million ($1,000,000.00) to two million ($2,000,000.00) dollars.
City staff advises against deviating from the established coverage limits. Doing so not only exposes the city to potential liabilities but also sets a precedent for future agreements.
Fiscal Impact:
None.
Coordinated With:
City Manager's Office.
Human Resources.
Attachment:
1. Memorandum of Understanding Between the City of Calexico and the Imperial Community College District.
ATTACHMENT #1
MEMORANDUM OF UNDERSTANDING
BETWEEN
IMPERIAL COMMUNITY COLLEGE DISTRICT
AND
CITY OF CALEXICO
This Memorandum of Understanding (MOU) is made and entered into as of the 1" day of June 2023, by and between the City of Calexico (CITY) and the Imperial Community College District (ICCD).
RECITALS
WHEREAS CITY has been a community partner with the ICCD for many years; and WHEREAS CITY is agreeable to this MOU for the period from July 1, 2023 to June 30, 2025 for the purpose of offering Imperial Community College District (ICCD) classes in certain CITY facilities for the benefit of the residents of Imperial County.
Through this MOU, the ICCD desires to define working relationships, responsibilities, and roles of both the ICCD and CITY regarding the use of the FACILITIES upon the following terms and conditions:
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, CITY hereby grants ICCD a license to use CITY FACILITIES upon the following terms and conditions:
1. Use of Facilities. CITY will permit ICCD to use the facilities as designated by CITY for the purpose of conducting ICCD classes being taught by ICCD faculty. IVC reserves the right to cancel classes due to low enrollment and/or other administrative requirements.
2. Condition of Facility. Promptly after ICCD commences use of the FACILITIES under this MOU, the ICCD INSTRUCTORS will jointly conduct a pre-occupancy survey of the FACILITIES. ICCD will exercise reasonable care while using the FACILITIES and will make no modifications to the FACILITIES. IVC faculty will be responsible for class set-up and tear down.
3. Custodial Services. It is understood that CITY shall be responsible for custodial maintenance and cleaning of the FACILITIES and removal and disposal of all trash during use pursuant to this MOU.
4. Ending the semester at the CITY Facilities. ICCD INSTRUCTORS and CITY will jointly conduct a post-occupancy survey to record any damage or conditions requiring repair resulting from ICCD use of CITY FACILITES.
5. Insurance/Coverage Requirements. ICCD shall obtain and maintain for the duration of this Contract:
a. General Liability coverage with limits of not less than $1,000,000 per occurrence, $2,000,000 General Aggregate for bodily injury, personal injury, and property damage. b. Workers' Compensation including statutory coverage as required by the State of California and including Employer's Liability with limits not less than $1,000,000 each accident; $1,000,000 policy limit bodily injury by disease; $1,000,000 each employee bodily injury by accident. c. Upon formal MOU approval by CITY and ICCD, ICCD shall provide an annual certificate of insurance evidencing all coverage described herein, naming the CITY as a Certificate holder and as an Additional Insured either by specific endorsement, CG 20 11 or CG 20 26, or a blanket additional insured endorsement applicable "when required by written contract" for the use of CITY facilities.
6. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its officers, employees, and agents harmless from and against any and all liability, loss, expense including reasonable attorney's fees or claims for injury or damages arising out of the indemnifying Party's actions under this MOU, but only in proportion to and to the extent such liability, loss, expenses, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying Party, its officers, agents, or employees, and only to the extent authorized by applicable law.
7. Venue. This MOU has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this MOU shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in Imperial County, and such County shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this MOU.
8. Term. This term for this MOU is July 1, 2023 to June 30, 2025.
9. Further Acts. The parties hereto agree to perform any further acts and execute any documents that may be reasonably necessary to effectuate the purpose of this MOU.
Notices. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, (ii) when delivered via facsimile; or (iii) twenty-four (24) business hours after being sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows:
CITY: City of Calexico
608 Heber Avenue
Calexico, CA 92231
Attn: Esperanza Colio
City Manager
760-768-2110
ecolio @calexico.ca.gov
ICCD: Imperial Community College District
380 E. Aten Road
Imperial, CA 92251, USA
Attn: Dr. Lennor Johnson
Superintendent/President
760-355-6219
lennor.iohnson @imperial.edu
until such time as a party gives notice of the change of address in accordance with the terms of this section.
10. Electronic Signatures. Unless otherwise prohibited by law, the Parties agree that an electronic copy of this MOU, or an electronically signed Agreement, has the same force and legal effect as the MOU executed with an original ink signature. The term "electronic copy of this MOU" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of the original signed MOU in a portable document format. The term "electronically signed MOU" means the MOU that is executed by applying an electronic signature.
IN WITNESS WHEREOF, CITY and ICCD have executed this MOU on the day and year hereinabove set forth.
Lennor Johnson, Ed.D. Superintendent/President Date
Imperial Community College District
Esperanza Colio Date
City of Calexico, City Manager