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Ventana Wildlife Society - 2015 MOUMEMORANDUM OF UNDERSTANDING CITY OF GILROY AND VENTANA WILDLIFE SOCIETY A. PURPOSE This Memorandum of Understanding (MOU) is hereby entered into by and between the City of Gilroy, a California municipal corporation, whose address is 7351 Rosanna Street, Gilroy, California ( "City ") and Ventana Wildlife Society, whose address is 19045 Portola Drive, Suite F -1, Salinas, California ( "VWS "). City and VWS shall be collectively referred to as the Parties. The purpose of this MOU is to outline the Scope of Work (Duties, Roles, and Responsibilities) of the Parties. B. STATEMENT OF MUTUAL INTEREST AND - BENEFIT VWS is dedicated to the conservation of native wildlife and their habitats and focuses on four key areas: 1) education and outreach, 2) conservation ecology, 3) habitat restoration, and 4) species recovery. Through its education and outreach programs, VWS has provided meaningful outdoor experiences to youth since 1992, with half of the participants being underserved youth who attend free of charge through the generous support of VWS members and local foundations. VWS is committed to providing meaningful outdoor experiences to youth regardless of their financial ability to pay for such services. The City focuses on building community in Gilroy. It is the intent of this MOU for the Parties to collaborate in providing meaningful programs for underserved youth. In consideration of the above recitals, the Parties agree as follows: C. THE CITY SHALL: • Provide a bilingual individual to act as liaison between VWS and families • Contact families and recruit youth to participate in the programs • Distribute and collect VWS program registration forms • Notify parents of program cancellations or changes • Provide a safe pick up / drop off location for participants • Provide a staff member to be present to organize participants at the start of each program • Provide a staff member to ensure participants are all picked up at the end of each program • Provide a staff member who is available by phone during program in case of emergency D. VWS SHALL: • Provide staff members who will facilitate meaningful outdoor experiences for 13 -26 underserved youth through Two Day Adventures (with overnight campout) to Big Sur. • Provide transportation for youth to and from the camp locations at prearranged locations on specified dates. • Notify City staff as soon as possible regarding emergency situations, program cancellations and schedule changes. 48374204- 6500vl MVAKHARIA104706083 • Ensure that all vehicles used for youth transportation comply with commercial vehicle standards, including but not limited to being inspected by California Highway Patrol annually, kept maintained and insured • Ensure that all vehicles used for youth transportation are operated by class B drivers • Ensure that all staff members undergo a fingerprint background check at the state and federal levels • Ensure that all staff members are certified in CPR/First Aid E. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: This MOU is neither a fiscal nor a funds obligation document. Any action involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. F. INDEMNIFICATION To the fullest extent permitted by law, VWS shall defend, through counsel approved by City, which approval shall not be unreasonably withheld), indemnify and hold harmless City, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of VWS or VWS's assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. G. INSURANCE VWS shall, at no cost to City, obtain and maintain throughout the term of this Agreement Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to City's obligations under this Agreement, VWS shall furnish written evidence of such coverage (naming City, its officers and employees as additional insured on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. This agreement may be modified or amended, only upon written consent of both parties. It shall be effective on the date of execution, and shall continue until terminated as mutually agreed, or upon 30 written notice by either party. eR;Juw& `�leUA S 3F4e� -i ryXlaity Administrator City of Gilroy 4837 -4204 -65000 MVAKHARIA104706083 Date Kelly Sor so Executive Director VWS Approved as to form: tj - -pity Attorney 4837 4204 -65000 MVAKHARIA104706083 Date 1/ A 15-- VENTA -1 OP ID: JA ACORO' �x� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 08/13/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: 805-772.11-71116 Mackey & Mackey Insurance Agency, Inc. License #0668959 Fax: 805 - 772 -6906 800 Quintana Road Suite 1A Morro Bay, CA 93442 Matthew J. Clevenger CONTACT Kell Sorenson PNHONE FAX A/c N, Ext :831 -455 -9514 a No): E-MAS- ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 9 INSURER A:Nonprofits Insurance. Alliance INSURED Ventana Wildlife Society 19045 Portola Drive, suite F -1 Salinas, CA 93908 INSURER B: State Compensation Ins.. Fund 35076 INSURER C: X COMMERCIAL GENERAL LIABILITY. CLAIMS -MADE FXI OCCUR X 2015- 32729 -NPO INSURER D : 04/14/16 INSURER E: $ 500,00 MED EXP (Any one person) INSURER F: PERSONAL & ADV INJURY $ 1,000,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH.RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE_ DU_C_ ED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD... LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY. CLAIMS -MADE FXI OCCUR X 2015- 32729 -NPO 04114/15 04/14/16 PREMISES Ea occurrence $ 500,00 MED EXP (Any one person) $ 20,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY PRO- 7XI LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1x000,00 X BODILY INJURY (Per person) $ A ANY AUTO 2015- 32729 -NPO 04/14/15 04114116 ALL OWNED SCHEDULED AUTOS AUTOS Per accident ( ) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAR CLAIMS -MADE 2015- 32729- UMB -NPO 04/14/15 04/14/16 DED ' I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN OFFICER /MEMBER EXCLUDED? NIA 9011169 -15 04/14/15 04114/16 X I WC STATU- OTH- LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE '$ 1,000,000 (Mandatory In NH) Byyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,60 A Professional Llab. 201542729 -NPO 04/14115 04/14/16 Each Occ. 1;000,00 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Gilroy, its officers & employees, are hereby named as additional insureds for general liability as respects their interest youth education programs - Two Day Adventures, Big Sur, CA. CITYGIL City of Gilroy Recreation Department 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED.POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATN (0 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2015 - 32729 -NPO COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) OrOrganization(s)- Locations Of Covered Operations The City of Gilroy, its officers & employees All Insured Premises & Operations Recreation Department 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II . Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1