CC SR 20151020 F - PVIC Native Plant Garden MOUCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CORY LINDER, DIRECTOR-RECREATION AND PARKsff5t-
OCTOBER 20, 2015
POINT VICENTE INTERPRETIVE CENTER NATIVE PLANT
GARDEN MEMORANDUM OF UNDERSTANDING-CALIFORNIA
NATIVE PLANT SOCIETY
DOUG WILLMORE, CITY MANAGER VIAN
Project Manager: Daniel Trautner, Recreation Services Manager 157
RECOMMENDATION
Adopt Resolution No. 2015-_, a resolution of the City Council of the City of Rancho Palos
Verdes, amending Resolution No. 2015-47, the Budget Appropriation for FY 2015-16, to
pay a portion of the Native Plant Society's cost to manage and maintain the upkeep of
the Native Plant Garden at PVIC from the City's Donor Restricted Contribution Fund in
the amount not to exceed $20,000; and
Authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOU)
with the South Coast Chapter California Native Plant Society (SCCNPS) to manage and
maintain the upkeep of the Native Plant Garden located at PVIC.
FISCAL IMPACT
Budgeted Amount:
Additional Appropriation:
New Budgeted Amount Balance:
Donation Balance
Account Number(s): 228-5028-451 -43-00
BACKGROUND
$ 0
$ 20,000
$ 20,000
$ 372,000
In 2009 the South Coast Chapter California Native Plant Society (SCCNPS) entered
into an agreement with the City of RPV to manage and maintain the upkeep of the
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MEMORANDUM: MOU-CALIFORNIA NATIVE PLANT SOCIETY
OCTOBER 20, 2015
Page2
Native Plant Garden (NPG) located at the Point Vicente Interpretive Center (PVIC).
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.
In 2009 the City of RPV received a $392,000 donation from the Vincent Conze Trust to
assist the City with the maintenance and upkeep of the PVIC NPG.
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.
Recently, SCCNPS has hired a Contractor to oversee the maintenance and upkeep of
the NPG. The City and SCCNPS have agreed to share the cost of the Contractor, with
the City's contribution not to exceed $20,000 for the 2015-16 fiscal year.
DISCUSSION
The attached resolution has been review by the City Attorney. The total amount for
reimbursement to SCCNPS for the cost of the Contractor hired by SCCNPS will not
exceed $20,000 for the 2015-16 Fiscal Year.
CONCLUSION
In conclusion, Staff recommends that the City Council adopt a resolution, amending
Resolution No. 2015-47, the Budget Appropriation for FY 2015-16, to pay a portion of the
Native Plant Society's cost to manage and maintain the upkeep of the Native Plant
Garden at PVIC from the City's Donor Restricted Contribution Fund in the amount not to
exceed $20,000; and
Authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOU)
with the South Coast Chapter California Native Plant Society (SCCNPS) to manage and
maintain the upkeep of the Native Plant Garden located at PVIC.
Attachments
• Resolution No. 2015-
• Memorandum of Understanding-South Coast Chapter California Native Plant
Society
(page 3)
(page 5)
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RESOLUTION NO. 2015-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2015-47, TO PAY A
PORTION OF THE NATIVE PLANT SOCIETY COSTS TO MANAGE AND
MAINTAIN THE UPKEEP OF THE NATIVE PLANT GARDEN AT PVIC
FROM THE CITY'S DONOR RESTRICTED CONTRIBUTION FUND IN
THE AMOUNT NOT TO EXCEED $20,000
WHEREAS, In 2009 the South Coast Chapter California Native Plant Society
(SCCNPS) entered into an agreement with the City of RPV to manage and maintain the
upkeep of the Native Plant Garden (NPG) located at the Point Vicente Interpretive Center
(PVIC); and,
WHEREAS, In 2009 the City of RPV received a $392,000 donation from the
Vincent Conze Trust to assist the City with the maintenance and upkeep of the PVIC
NPG; and,
WHEREAS, SCCNPS has hired a Contractor to oversee the maintenance and
upkeep of the NPG; and,
WHEREAS, The City and SCCNPS have agreed to share the cost of the
Contractor, with the City's contribution not to exceed $20,000 for the 2015-16 fiscal year;
and
WHEREAS, Staff is proposing to execute a Memorandum of Understanding (MOU)
with the South Coast Chapter California Native Plant Society (SCCNPS) to manage and
maintain the upkeep of the Native Plant Garden located at PVIC; and,
WHEREAS, on June 16, 2015, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 2015-47, approving a spending plan and authorizing a budget
appropriation for the 2015-2016 fiscal year; and,
WHEREAS, Resolution No. 2015-47 did not appropriate funds to pay a Contractor
oversee the maintenance and upkeep of the NPG; and
WHEREAS, Section 3.32.070 of the Rancho Palos Verdes Municipal Code
provides that all expenditures in excess of budgeted allocations must be made by
supplemental appropriation of the City Council; and,
WHEREAS, as of June 30, 2015, the estimated balance of the Donor Restricted
Contribution Fund is $846,518, of which $392,000 is contributed for the NPG.
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NOW BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustment shall be made to the following fund:
DONOR RESTRICTED CONTRIBUTION FUND:
Vincent Conze Trust 228-5028-451-43-00 $20.oaaY
PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF OCTOBER 2015.
ATTEST:
City Clerk
State of California
County of Los Angeles
City of Rancho Palos Verdes
)
)ss
)
Mayor
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 2015-_ was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on October 20, 2015.
City Clerk
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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 ofRPV.
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
ofRPV 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
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of the SCCNPS. All fixed assets improvements or major renovations will be solely the
responsibility of the City ofRPV, 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 one 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
performed by the SCCNPS in connection with this MOU.
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(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 A venue, 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 OF RANCHO PALOS VERDES
Daniel Trautner, Recreation Services Manager
SOUTH COAST CHAPTER CALIFORNIA NATIVE PLANT SOCIETY
David Berman, President
Date
Date
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