National Oceanic and Atmospheric Administration (NOAA) .
MEMORANDUM OF AGREEMENT
BETWEEN
THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND
THE CITY OF RANCHO PALOS VERDES
The-following Agreement is entered into this 13th day of November,2013, by and
between the CITY OF RANCHO PALOS VERDES, with its office located at 30940
HAW 1'1 IORNE BLVD., RANCHO PA1.,OS VERDES,CA 90275, hereafter"Recipient"
and the National Oceanic and Atmospheric Administration, an agency of the United
States, with local offices at 501 W. Ocean Blvd., Suite 4470, Long Beach, CA 90802,
hereafter"NOAA,"collectively the"Parties"and individually a"Party.)
In-aclan a-wi.thtile-c ondi.tions-specificdl in l is- 1 x:eement,the-audioly sual-k.os
described in Attachment A, hereafter"the Kiosk,"is to be loaned to the Recipient for the
period of December 1,2013 through May 31,2013, hereafter the"Loan Period."
A. Use of Kiosk.
I. The Kiosk is to be loaned to Recipient for display at the POINT VICENTE
INTERPRETIVE CENTER, 31501 PALOS VERDES DRIVE WEST, RANCHO
PALOS VERDES, CA 90275. The location and layout of the exhibit within the
interpretive Center will be at the discretion of the Recipient.
2. NOAA agrees not to remove the Kiosk from THE POINT VICENTE
INTERPRETIVE CENTER,31501 PALOS VERDES DRIVE WEST, RANCHO
PALOS VERDES prior to the completion of the Loan Period,other than for
extraordinary circumstances and in consultation with the Recipient.
3, The Recipient will neither remove the Kiosk nor request that NOAA remove the
Kiosk prior to the completion of the Loan Period other than for extraordinary
circumstances and in consultation with NOAA.
B. Protection of the Kiosk.
1. The Recipient agrees to preserve and give all due care to protect the Kiosk against.
loss,damage or deterioration,and will maintain constant and adequate protection
from hazards of fire, insects, vermin,dirt,and unusual temperatures and humidity,
excessive light, theft and mishandling by unauthorized or inexperienced persons or by
the public.
2. By entering into this MOA, each Party assumes no liability for injuries or damages to
persons or property resulting from any acts or omissions of any other Party or its
1660760 B ate (Initial)
4110
directors, officers,employees, agents,successors, representatives, assigns,
contractors, or consultants.
C. Service of the Kiosk.
I. NOAA will provide any required service to maintain the operational status of the
Kiosk. In the event of required service the Recipient will contact:
Gabrielle Dorr
NOAA
501 W. Ocean Blvd., Suite 4470
Long Beach,CA 90802
2. NOAA will provide an ample supply of exhibit ID cards for the Kiosk to be fully
stocked for all public hours.NOAA shall deliver cards at its expense to the Recipient
upon request by the Recipient.
._.M_ M ..........._........__................. ..-_.Th ..i ec;i pient-sl»1.l-prouide_forrout-i re-start-..u.prshu6dovin_anc_cleanine.while_.t.11e..w... .
Kiosk is on public display.
D. Recipknt rescntative, The Recipient hereby designates the individual named in
paragraph E bellow or his/her Designee,as the Recipient's representative(the
"Recipient Representative"),authorized to give approvals and instructions on behalf
of the Recipient pursuant to this Agreement.
E. Designated Reci ient Re resentative.
Cory Linder
Director of Recreation and Parks
City of Rancho Palos Verdes
F. Handling of the Kiosk.
1. The Recipient will follow all special handling procedures specified in this Agreement
for the Kiosk throughout the Loan Period.
2. NOAA will provide or cause to be provided all packing and delivery of the Kiosk to
the Recipient, and will pack and retrieve the Kiosk at the close of the Loan Period.
G. Extension or Teri
�� i� i •i■ inaiion of Agreement. The Loan Period may be extended by the
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mutual written agreement of the Parties. If either Party wishes to extend the Loan
Period, that Party shall give written notice to the other Party at least thirty days prior
to the end of the Loan Period. This Agreement may be terminated at the option of
either Party upon giving fourteen days' written notice to the other Party of the intent
to terminate.
H. Reproductions.
1660760 45 4A, (Initial)
Attachment A -- Description of Kiosk
NOAA Kiosk
Duration of the loan: December 1, 2013 --May 31, 2013
Object Description: The Kiosk on loan to the Recipient consists of a wood frame
structure with an eco-resin panel running along the center front of the Kiosk. The main
components contained inside the Kiosk include a flat screen monitor, a hard drive,a
video camcorder, two computer speakers, a mouse, keyboard,cables,and a remote for the
monitor. Displayed on the outside of the Kiosk is a speaker that was purchased separately
to create more directional sound for the Kiosk.The Kiosk has 4 wheel casters that support
the frame and allow it to move easily.
Object Condition: The Kiosk is in fair physical condition and is operational at the time of
the execution of this Agreement.
Spec.=ral..l andlrng-Instr•uetions,............:........:.:.:.:........: ......,..........:...... :. :.:.. .:wN:..:..:...........k...:.:...:.....
I) The Kiosk contains several items of fragile computer hardware and other
electronic equipment and should he handled accordingly.
2) When the Kiosk is being moved,special care needs to be taken for the hard drive
and other hardware contained inside, The hard drive is secured to the back frame
of the kiosk using industrial strength Velcro but could still be jostled around. The
rest of the hardware described above is well-secured but could be harmed if the
Kiosk was to fall over.
3) NOAA suggests using dollies and padding for longer distance moves.
4) Minor maintenance issues can be resolved at the Recipient's discretion, but
NOAA should be notified immediately if there is anything that is persistent or
cannot be resolved quickly.
5) NOAA should be notified immediately if there is any damage to the Kiosk.
1660760 4 1#fi (Initial)
• .
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I. The Recipient will not have the right at any time to use,distribute,duplicate, exploit,
license or authorize any other party to use the Kiosk,or any portion thereof, without
prior written consent of NOAA.
2. In the case of photographic reproductions, including video footage taken of the Kiosk,
the Recipient may use this material solely for the purpose of publicizing the exhibit in
promotional materials including, but not limited to,brochures, print ads, Web,
Newscasts,and television commercials.The Recipient will not have the right to at any
time license or authorize any other party to license the photographic representations of
the Kiosk,or any portion thereof,at any time.
1. Entire A, regime, t.This agreement constitutes the entire and integrated agreement
between the parties with respect to the subject matter thereof,and supersedes all prior
negotiations, representations and agreements, whether oral or written. This agreement
is binding upon each Party, its successors,assigns and legal representatives. It may be
amended only in written instrument signed by both Parties.
J. Third-Party Rights. Challenges or Appeals. Nothing in this Agreement may be the
basis of any third party challenges or appeals. Nothing in this Agreement creates any
rights or causes of action in persons not parties to this agreement.
I have read and agreed to the conditions contained in this document and certify that I am
authorized to agree thereto
AND
I declare that to the best of my knowledge the information contained in this notice is true.
For the National Oceanic and Atmospheric Administration
(11/3
Signed 0t.......,.
Date
Jennifer Boyce, Project Manager,Montrose Settlements Restoration Program
For the City of Rancho Palos Verdes
Signed Date 1/-1S-13
Cory Line r
Director, *2. pit ion and Parks
1660760 3 4 (Initial)