HomeMy WebLinkAboutAgreement A-18-040 with California Native Plant Society.pdf1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF FRESNO AND
2 THE SEQUOIA CHAPTER OF THE CALIFORNIA NATIVE PLANT SOCIETY
3 REGARDING THE ADOPTION OF THE COUNTY OF FRESNO'S
4 CHINA CREEK UNDEVELOPED PARK
5 This Memorandum of Understanding ("MOU") is made and entered into this __
6 day of ___ , 2018 ("Effective Date") by and between the County of Fresno, a
7 political subdivision of the State of California ("COUNTY"), and the Sequoia Chapter of
8 the California Native Plant Society, a Statewide Non-profit 501 (c)3 organization
9 ("CHAPTER"), each and "Party" and jointly referred to herein as "the Parties."
10 RECITALS
11 WHEREAS, COUNTY owns the 120.19 acre undeveloped park commonly known
12 as "China Creek" (the "Park"), which it purchased in 1972 for $183,334, using Federal
13 Act and Revenue Sharing monies; and
14 WHEREAS, COUNTY currently lacks sufficient funding to adequately maintain
15 the Park and has been soliciting partnerships for such maintenance efforts; and
16 WHEREAS, the CHAPTER recognizes the Park as a unique remnant of a once
17 large forest in the Kings River floodplain consisting of Valley Oak woodlands and
18 savannah, with some trees over one hundred years old; and
19 WHEREAS, the CHAPTER is interested in protecting and preserving the Park for
20 future generations and restoring the Park, as practical, to a natural condition; and
21 WHEREAS, the CHAPTER has been working in the Park for approximately ten
22 (10) years on an informal basis and now desires to establish a formal relationship with
23 the COUNTY for the maintenance of the Park; and
24 WHEREAS, the CHAPTER is requesting no additional services or expenditures
25 by the COUNTY other than the public services that are currently in place such as law
26 enforcement.
27 Now, therefore, it is mutually agreed as follows:
28
17-0752 Agreement No. 18-040
23rd
January
1 I.PURPOSE OF THE MOU:
2 The primary purpose of the MOU is to recognize China Creek Park as a unique
3 and valuable asset and to formalize the relationship between the COUNTY and the
4 CHAPTER so the Parties can mutually work to protect, preserve and restore the Park,
5 its flora and fauna, for future generations.
6 II.RESPONSIBUTIES:
7 A.County shall:
8 1.Consult the Chapter in all matters affecting the Park, its flora and fauna
9 and/or the surrounding area including, but not limited to, permitting and
10 commercial development.
11 2.Maintain law enforcement services at the Park.
12 B.Chapter shall:
13 1.Continue to make the Park a pleasant, beneficial and educational
14 place for the public by activities such as:
15 a.Constructing/maintaining benches, picnic tables, signs and
16 other appropriate small structures using imported and natural
17 materials from the Park (e.g. fallen trees, stones etc.) and
18 maintaining an existing interpretive trail for the education and
19 benefit of Park visitors.
20 b.Continuing to allow CHAPTER members to use hand tools,
21 power equipment and approved chemicals to manage invasive
22 plants such as the star thistle (Centaurea solstitialis).
23 2.Make their expertise and knowledge of California native plants
24 available to the COUNTY on other County properties at no charge to
25 the COUNTY.
26 3.Maintain contact and consult with the County Department of Public
27 Works and Planning, Resources Manager or his/her designee, on a
28 regular basis regarding the Park and related matters.
2
1 Ill. TERM:
2 This MOU shall become effective on the Effective Date and continue in full force
3 and effect until either Party notifies the other of its intention to terminate.
4 IV.TERMINATION:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Either Party to this MOU may terminate the MOU at any time by giving the other
Party sixty (60) days written notice of such termination. Termination shall have no effect
upon the rights and obligations of the Parties arising out of any activities occurring prior
to the effective date of such termination. Written notice of termination shall be deemed
duly served when personally delivered to the other Party, or in lieu of such personal
service, when deposited in the United States Mail, postage prepaid.
V.AMENDMENTS:
This MOU may be amended by written consent of both Parties. All amendments
shall be attached to the MOU and made a part thereof.
VI.CONSIDERATION -No monetary consideration shall be paid by either
Party to the other under this MOU. The mutual promises and covenants made herein by
the Parties are deemed by the Parties to be sufficient consideration for this MOU.
VII.HOLD HARMLESS:
CHAPTER agrees to indemnify, save, hold harmless, and at COUNTY's request,
defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by CHAPTER, its officers,
agents, or employees under this MOU, and from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to
perform, of CHAPTER, its officers, agents, or employees under this MOU.
COUNTY agrees to indemnify, save, hold harmless, and at CHAPTER's request,
defend CHAPTER, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to CHAPTER in
connection with the performance, or failure to perform, by COUNTY, its officers, agents,
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or employees under this MOU, and from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or corporation
who may be injured or damaged by the performance, or failure to perform, of
COUNTY, its officers, agents, or employees under this MOU.
VIII.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CHAPTER or
any third parties, CHAPTER, at its sole expense, shall maintain in full force and effect,
the following insurance policies or a program of self-insurance, throughout the term of
this MOU:
A.Commercial General Liability.
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may
require specific coverages including completed operations, products liability, contractual
liability, Explosion-Collapse-Underground, fire legal liability or any other liability
insurance deemed necessary because of the nature of this agreement.
B.Automobile Liability.
Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
Thousand Dollars ($500,000.00 per accident and for property damages of not less than
Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of
Five Hundred Thousand Dollars ($500,000.00). Coverage should include ow ned and
non-owned vehicles used in connection with this Agreement.
C.Professional Liability.
If CHAPTER employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREFORE, the Parties hereto, by their signatures herein below, enter into
this MOU as of the Effective Date.
SEQUOIA CHAPTER, CALIFORNIA
NATIVE PL NT SOCIETY
Daniel GluesenkamQ 1 Executive Director
Print Name and Title
2707 K Street, Suite 1
Sacramento 1 CA 95816
Mailing Address
DATE: December 6 1 2017
6
COUNTY OF FRESNO
SAJ.. _ QlJI,NTE~ff, CH/tIRMAN OF THE BOARD
OF-'.::SUPERVISORS -OF;-THE ·coUNTY ··oF FRES 0
I -~ ~---:,:: • -• -.! - -,_ - • •
DATE: ::fOJI\. 1.~ ~I~
I
ATTEST:
Bernice E. Seidel.~-~ "" -
Clefic:.:-ii>: di~_:;;__Boa~d.~ of· Supervisors
County orFr~sno-:-· State of Californi