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South Coast Chapter California Native Plant Society (SCCNPS) Memorandum of Understanding Between City of Rancho Palos Verdes(RPV) and South Coast Chapter California Native Plant Society(SCCNPS) This Memorandum of Understanding(MOU) sets for the terms and understanding between the South Coast Chapter California Native Plant Society(SCCNPS) and the City of Rancho Palos Verdes(RPV)to manage and oversee the maintenance of the Native Plant Garden (NPG) located at the Point Vicente Interpretive Center(PVIC). Background In 2009 the SCCNPS entered into an agreement with the City of RPV to manage and maintain the upkeep of the NPG located at PVIC. The SCCNPS holds work parties and volunteer work days during the year to help monitor and maintain the NPG maintenance needs and replace dead, diseased or dying plants,trees and vegetation. The SCCNPS and City of RPV strive to provide residents and visitors of the NPG the opportunity to experience native plants as a key component of the City of RPV's biodiversity conservation efforts and a function vital to a healthy,productive, and beautiful environment. Purpose The purpose of this MOU is to outline the roles and responsibilities for the maintenance and upkeep of the NPG and City of RPV. Scope of Work The SCCNPS will identify, recommend, maintain and execute as appropriate,priority needs for the NPG. SCCNPS may coordinate and implement work groups and programs for addressing those needs. Any and all major projects or renovations must be proposed in writing to the City of RPV for approval before any work takes place. Examples of major projects are; large scale plantings, installing of irrigation, fixed structures, and/or displays and signage. The City of RPV reserves the right to reject proposals made by SCCNPS. The SCCNPS, if determined necessary,may sub-contract contractors,vendors,and third parties to conduct work on NPG grounds as they see fit. All sub-contractors,vendors, and third parties will be required to meet the City of RPV's insurance requirements per the MOU. Funding There are no financial terms to this MOU between SCCNPS and the City of RPV. All NPG grounds maintenance and work related to the upkeep of the NPG will solely be the responsibility of the SCCNPS. All fixed assets improvements or major renovations will be solely the responsibility of the City of RPV,unless SCCNPS provides alternative funding. The City of RPV may choose to allocate funds to help SCCNPS offset costs towards paying for sub-contractors,vendors, and third parties hired by the SCCNPS to perform oversight,upkeep management and maintenance of the NPG. Duration This MOU is at-will and may be modified by mutual consent of authorized officials from City of RPV and SCCNPS. This MOU shall become effective upon signature by the authorized officials from the City of RPV and SCCNPS and will remain in effect until modified or terminated by any one of the partners by mutual consent. • Insurance During the term of this MOU, City shall maintain in full force, its participation in the liability self-insurance and loss-pooling program,which is administered by the California Joint Powers Insurance Authority, or other comparable insurance. City's insurance shall be secondary to the insurance provided by Contractor pursuant to this MOU. (a) The SCCNPS agrees to maintain in force at all times during the performance of work under this MOU worker's compensation insurance as required by law. The SCCNPS shall require any subcontractors and vendors similarly to provide such worker's compensation insurance for their respective employees. (b)The SCCNPS shall, at all times during the term of this MOU, carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance,with minimum limits of one million dollars($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage resulting from the performance of services under this MOU by the SCCNPS, its officers, employees,agents, vendors and independent contractors. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. (c) The SCCNPS shall, at all times during the term of this MOU obtain,maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum combined single limits coverage of One Million($1,000,000)covering any vehicle utilized in the performance of services under this MOU. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. (d) City, its officers,employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies)as to commercial general liability bodily injury and property damage coverage and automobile coverage with respect to liability relating to activities p Y g performed by the SCCNPS in connection with this MOU. (e) Each insurance policy required by this Section shall be endorsed as follows: (1)the insurer waives the right of subrogation against City and its officers, employees,agents and representatives; (2)the policies are primary and non-contributing with any insurance that may be carried by City;and(3)the policies may not be canceled or materially changed except after thirty (30)days prior written notice by insurer to City. The SCNPS's insurance coverage shall be confirmed by execution of endorsements on forms acceptable to City's Risk Manager. The SCCNPS shall file the completed policy endorsements with City on or before the Effective Date of this MOU,and shall thereafter maintain current endorsements on file with City during the term of this MOU. The completed endorsements are subject to the approval of City. If for any reason it shall not be possible to obtain endorsements on City's forms,the underlying insurance policies are nonetheless required to include the terms and conditions set forth on City's forms unless otherwise agreed to by the City Manager. Contact Information David Berman South Coast Chapter California Native Plant Society President 23600 Telo Avenue, Suite 130,Torrance, CA 90505 310-650-9289 pvhome2002@yahoo.com Daniel Trautner City of Rancho Palos Verdes Department of Recreation and Parks 31501 Palos Verdes Dr. W. Rancho Palos Verdes, CA 90275 Telephone: 310-544-5264 Fax: 310-544-5379 danielt@rpvca.gov CITY 0 RANCHO PALOS VERDES j /1--- v ll i Cii5 Daniel Trautner,Recreation Services Manager Date SOUTH COAST CHAPTER CALIFORNIA NATIVE PLANT SOCIETY 4.. I '-----._ if/,/, t) /(- David Berman,President \ Date CITY OF RANCHO PALOS VERDES AO& /4/6— Ma OF Date Attest: /09 te/zs-- City Clerk Date