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Run for Myles - FY2024-008 MOU Page | 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND RUN FOR MYLES FOR RPV’S RUN FOR MYLES 1K, 5K, AND 10K EVENT This Memorandum of Understanding (“MOU”), is made and entered on August 15, 2023 (“Effective Date”), by and between the City of Rancho Palos Verdes (“City”), a California municipal corporation, and Run for Myles a non-profit 501(c)(3) organization (“Organization”) located at 26 Pepper Tree Lane, Rolling Hills Estates, CA, 90274. The City and the Organization may be referred to collectively or individually as “Parties” or “Party.” RECITALS A. Myles Helm was an individual who completed races including two Ironman World Championships and over 60 marathons, 20 of which he ran in Rancho Palos Verdes. B. The City of Rancho Palos Verdes is celebrates its September 7, 2023 50th anniversary on September 9. 2023. C. The Parties seek to commemorate Myles Helm and the City’s 50th anniversary by co-hosting a 1k, 5k, and 10k running event on September 9, 2023 (“RPV’s Run for Myles” or “Event”). Participating in the Event will contribute to preserving parks and trails in Rancho Palos Verdes. All proceeds from the Event will go directly to the City for the purpose of preserving the City’s parks and trails. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Term. This MOU will remain in effect and can be renewed annually from the Effective Date, subject to Section 6, below. Section 3. Parties’ Obligations. A. Organization’s Obligations. 1. Organization will provide all necessary services not explicitly provided by the City, and may do so through third party providers, at its discretion. 2. Organization will organize RPV’s Run for Myles, a 1k, 5k, and 10k run to take place on September 9, 2023 for the purpose of honoring Myles Helm and to raise funds for the City’s parks and trails. Between 500 and 1,000 people are anticipated to A-1 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 2 participate. The event kicks off at 7 AM with registration open to the public for check-in. At 7:45 AM, announcements are made, and a warm-up session takes place to prepare participants. The 10K race begins at 8 AM, followed by the 5K race at 8:15 AM, and the 1k race at 9:45 AM. Afterward, at 10:15 AM, there will be announcements and awards to recognize outstanding participants. The race will begin at 31501 Palos Verdes Drive West, Rancho Palos Verdes, CA 90275, and will end at 12:30 PM. Organization is responsible for all organizational aspects of the event, including prompt cleanup, which shall be completed no later than 1:00pm. 3. Organization will temporarily place caution tape along a route along a scenic view of the City; the location is more particularly depicted in Exhibit “A”. Organization’s route will circulate for a 1 kilometer, a 5 kilometer, and a 10 kilometer area around the City. Organization shall be solely responsible for the purchase and maintenance of the caution tape, and shall ensure that it is maintained in a good and clean condition. Organization shall only remove the RPV’s Run for Myles 1k, 5k, and 10k caution tape at the request of City, which request shall be made based on good cause. The caution tape shall not otherwise be removed unless the caution tape constitutes a danger to the public health and safety. 4. Run for Myles and A5 Events shall each maintain event liability insurance in the amount of $1,000,000 in Commercial General Liability (per occurrence), $2,000,000 in General Aggregate, $1,000,000 in Automobile Liability (per accident for bodily injury and property damage), and $1,000,000 Liquor Liability or Liquor Legal Liabilities (per occurrence). 5. RPV’s Run for Myles shall only temporarily interfere with the operation of the public roadway. 6. Organization shall pay all fees associated with the event including but not limited to: Sheriff’s Department fees, rental fees for parking lot(s), staffing fees, Point Vicente Interpretive Center lawn area rental fees. 7. Organization shall submit a Special Event Permit application including event liability insurance in the amount specified above. 8. Organization shall submit a Traffic Control Plan for City acceptance as part of as part of the Special Event Permit application. Organization shall implement the accepted Traffic Control Plan and shall be responsible for all costs associated with preparation, review, acceptance, implementation, and all associated and related costs of the Traffic Control Plan. Organization will provide personnel, materials, and equipment to implement and manage traffic control for the duration of event according to the Traffic Control Plan accepted by the City. 9. Organization shall contact the Los Angeles County Sheriff’s Department to provide emergency services including police. A-2 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 3 10. Organization shall provide waste receptacles. 11. Organization shall provide custodial support. 12. Organization shall provide portable restroom facilities and portable sinks. 13. Organization shall provide event security and crowd control. 14. Organization shall provide a Stage and a Sound System for participating bands. 15. Organization shall provide staff to manage parking. 16. Organization shall obtain a permit for tents and structures by coordinating with the Los Angeles County Fire Department. B. City Obligations. 1. City shall provide space for the temporary placement of the caution tape in the public roadway, as depicted in Exhibit “A”, at no charge to Organization. 2. City shall provide access to Point Vicente Interpretive Center lawn area for a fee to Organization. 3. City shall provide parking at the Point Vicente Interpretive Center parking lot for a fee to Organization. City shall provide parking at Rancho Palos Verdes City Hall to Organization. 4. City shall review the Traffic Control Plan submitted with Organization’s Special Event Permit. Upon Organization completing the Traffic Control Plan to the satisfaction of the City, the City shall accept the Traffic Control Plan. Section 4. Indemnification; Release. Organization must indemnify, defend and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers (“City Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to the performance of this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the City Indemnitees. Section 5. Termination; Withdrawal. This MOU may be terminated upon a 60- day notice written request of either Party. Section 6. General Provisions A. Notices. Any notices, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder A-3 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 4 must be in writing and be delivered to the representatives of the Parties at the addresses set forth below. The Parties shall promptly notify each other in writing of any change of contact information, including personnel changes. City of Rancho Palos Verdes Attn: Ara Mihranian, City Manager 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 email: aram@rpvca.gov Run for Myles Attn: Jill Helm 46-E Peninsula Center Dr. #390, Rolling Hills Estates, Ca 90274 email: runformyles501c3@gmail.com B. Relationship of the Parties. The Parties are, and will at all times remain as to each other, wholly independent entities. No Party to this MOU will have power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a Party will be deemed for any purpose whatsoever to be an agent, employee, or officer of another Party. C. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by both Parties. D. Law to Govern. This MOU is governed by, and will be interpreted, construed and enforced in accordance with the laws of the State of California. E. Severability. If any provision of this MOU is to be determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. F. Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect to the subject matter of this MOU. G. Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. H. Counterparts. This MOU may be executed in counterparts, each of which will be an original, but all of which taken together will constitute one and the same instrument. I. The Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair A-4 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 5 language. Any ambiguities will be resolved in a collaborative manner by the Parties and will be rectified by amending this MOU as described in Section 6(C). [Signatures on following page.] A-5 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 6 The Parties have caused this MOU to b e executed by their duly authorized representatives and affixed as of the date of signature of the Parties: “CITY” CITY OF RANCHO PALOS VERDES, a municipal corporation By:_________________________ Barbara Ferraro, Mayor “ORGANIZATION” RUN FOR MYLES, a 501(c)(3) nonprofit corporation By:_________________________ _________________, President ATTEST By: _________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM Aleshire & Wynder, LLP By:_________________________ William W. Wynder, City Attorney A-6 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 7 EXHIBIT “A” RPV’S RUN FOR MYLES 1K/5K/10K MAP A-7 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F Certificate Of Completion Envelope Id: D5B8ACFBF6684C269105E3042950432F Status: Completed Subject: Complete with DocuSign: Final_RPV_S Run for Myles_MOU.pdf Source Envelope: Document Pages: 7 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Cheri Bailiff AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 cherib@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original 9/5/2023 7:54:15 AM Holder: Cheri Bailiff cherib@rpvca.gov Location: DocuSign Signer Events Signature Timestamp Jill Helm jillhelm3@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 38.140.62.98 Signed using mobile Sent: 9/5/2023 8:03:10 AM Viewed: 9/5/2023 12:00:18 PM Signed: 9/5/2023 12:01:38 PM Electronic Record and Signature Disclosure: Accepted: 9/5/2023 12:00:18 PM ID: 55942789-3094-4eab-8908-73f78496ab95 William W. Wynder wwynder@awattorneys.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.112.162.3 Sent: 9/5/2023 12:01:39 PM Viewed: 9/5/2023 12:02:22 PM Signed: 9/5/2023 12:03:14 PM Electronic Record and Signature Disclosure: Accepted: 9/5/2023 12:02:22 PM ID: 848b6238-af6e-4a4b-b6c3-3446f377ab3a Barbara Ferraro barbara.ferraro@rpvca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 72.211.255.186 Signed using mobile Sent: 9/5/2023 12:03:15 PM Viewed: 9/6/2023 1:35:46 AM Signed: 9/6/2023 1:37:49 AM Electronic Record and Signature Disclosure: Accepted: 9/6/2023 1:35:46 AM ID: d2669250-4715-4a9b-9041-72475ea143a4 Teresa Takaoka terit@rpvca.gov City of Rancho Palos Verdes Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 72.34.97.146 Sent: 9/6/2023 1:37:50 AM Viewed: 9/7/2023 1:02:37 PM Signed: 9/7/2023 1:02:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheri Bailiff cherib@rpvca.gov Permit Technician I (PW) City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Sent: 9/7/2023 1:02:45 PM Resent: 9/7/2023 1:02:47 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Clerk cityclerk@rpvca.gov Security Level: Email, Account Authentication (None) Sent: 9/7/2023 1:02:46 PM Viewed: 9/7/2023 1:12:24 PM Electronic Record and Signature Disclosure: Accepted: 2/1/2023 3:10:58 PM ID: 505eed45-7ed0-4db8-aae6-ef6eedfef03d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/5/2023 8:03:10 AM Envelope Updated Security Checked 9/5/2023 8:03:54 AM Envelope Updated Security Checked 9/5/2023 8:03:54 AM Certified Delivered Security Checked 9/7/2023 1:02:37 PM Signing Complete Security Checked 9/7/2023 1:02:44 PM Completed Security Checked 9/7/2023 1:02:46 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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