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Home My WebLink AboutCC Resolution 12408 (University of CA Cooperative Extension MOU)RESOLUTION NO. 12408 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE UNIVERSITY OF CALIFORNIA MARIN COUNTY COOPERATIVE EXTENSION WHEREAS, UCCE MARIN Master Gardeners have collaborated with Falkirk staff in the renovation and operation of the Falkirk greenhouse, and have built and landscaped a greenhouse garden; and WHEREAS, the collaboration between UCCE MARIN and the CITY at Falkirk has been mutually beneficial; and WHEREAS, UCCE MARIN and the CITY are mutually desirous of improving the Falkirk Grounds and providing educational opportunities for the citizens of Marin County. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: To authorize the MEMORANDUM OF UNDERSTANDING between the CITY OF SAN RAFAEL and UCCE MARIN for expanded use and development of Falkirk grounds by the Marin Master Gardeners. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on Monday, the seventeenth day of December 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk MEMORANDUM OF UNDERSTANDING between The Regents of the University of California Marin County Cooperative Extension and The City of San Rafael This Memorandum of Understanding (herein after "MOU") is made and entered into this .ifSL- day of tOZ'6t4i: 69 , 2007 by the City of San Rafael (hereinafter "CITY") and The Regents of the University of California (hereinafter "University"), Marin County Cooperative Extension (hereinafter "UCCE MARIN"). RECITALS In 2002 the UCCE MARIN Master Gardener Program joined the CITY'S Falkirk Cultural Center (hereinafter "Falkirk") greenhouse renovation project.. Following completion of the greenhouse (hereinafter "Greenhouse") renovation, UCCE MARIN continued to collaborate with the CITY on other work at Falkirk, including landscaping the surrounding area, building a `greenhouse garden,' and utilizing the greenhouse to propagate and grow plants for sale and use on the Falkirk grounds (hereinafter "Grounds"). WHEREAS, the collaboration between UCCE MARIN and the CITY on the Falkirk project has been mutually beneficial, and WHEREAS, UCCE MARIN and the CITY are mutually desirous of improving the Grounds and providing educational opportunities for the citizens of Marin County; WITNESSETH FOR AND IN CONSIDERATION OF mutual promises, covenants and conditions hereinafter contained, the parties hereto agree as follows: CITY, having sole management responsibility and supervisory authority of Falkirk, its Greenhouse and Grounds, and all activities conducted therein shall: a. Permit UCCE MARIN continued use of and access to the Greenhouse and designated areas of the Grounds for UCCE MARIN's expanded gardening opportunities and related organized activities such as preparing, planting and maintaining beds; plant sales; and community classes and lectures. b. Cooperate with UCCE MARIN in the execution of UCCE MARIN's organized activities at the Greenhouse and Grounds in scheduling, promotion and associated facility use. Memorandum of Understanding F "veen UC Regents, Marin County Coop tive Extension and the Citv ofSan Rafael (continued) C. Provide said facilities during the hours of 9:00 a.m. to 1:00 p.m. weekly, including weekends. Scheduling of programs in the Greenhouse and Grounds shall be determined by mutual agreement between the Director of Falkirk and UCCE MARIN. UCCE MARIN's use of the Greenhouse and Grounds at times not specified in this MOU shall be at the approval of the CITY's Director of Falkirk. d. Assist UCCE MARIN in site preparations such as grading, irrigation, and soil drainage improvements (subject to budget and availability of existing City resources). 2, UCCE MARIN, having sole management responsibility and supervisory authority of the UCCE Master Gardener Program and its volunteers shall: a. Recruit, train, and supervise members of their organization in developing and maintaining demonstration gardens on designated areas of the Grounds. b. Design the planting areas, and select and install appropriate plants and trees. C. Prepare and install signage to identify plant materials and their purposes. d. Maintain the designated garden areas. e. Conduct a regular schedule of seminars and workshops for the public using the garden areas as educational tools. f. Abide by and follow all policies, procedures, rules and regulations set forth by the CITY for the administration and operation of Falkirk. g. Consult with and inform Falkirk staff regarding all matters concerning the organization and operation of the UCCE MARIN Master Gardener Program relevant to their activities at the Greenhouse and Grounds. Should this MOU be terminated in accordance with the below Item No. 10, all improvements made by UCCE MARIN to the Greenhouse and Grounds shall belong to the CITY for Falkirk Cultural Center use. 4. Each party shall perform its responsibilities and activities described herein as an independent contractor and not as an officer, agent, employee, or volunteer of the other party hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. Page 2 of 5 iviemoranaum oj unaerstanaing Detweeit UC Regents, Marin County Car -ativeExtension and the Citv ofSan Rafael (cont—aed) All parties agree, in accordance with University policy and applicable State and Federal laws, not to discriminate in any of their policies, procedures, or practices on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer -related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran (special disabled veteran, Vietnam -era veteran, or any other veteran who served on active duty during a war on in a campaign or expedition for which a campaign badge has been authorized). In accordance with applicable law, each party shall be an affirmative action/equal opportunity employer. 6. UCCE certified Master Gardeners who have completed formal training, and who periodically are retrained, are considered formal volunteers or agents of The Regents, and therefore, are covered for their negligent acts or omissions by the University's general liability self-insurance program while acting in the course and scope of their volunteerism for the University. 7. THE REGENTS shall defend, indemnify and hold CITY, and its officers, employees, volunteers and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees) or claims for injury or damages to or by any person or to or by REGENTS' own agents, officers or employees, arising out of the performance of this MOU and/or the presence of REGENTS officers, employees or agents on FALKIRK, but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of The REGENTS, its officers, agents or employees. CITY shall defend, indemnify and hold REGENTS and their officers, employees, agents and volunteers harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages to or by any person or to or by CITY's own agents, officers, employees and volunteers, arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result caused by or result from the negligent or intentional acts or omissions of CITY, its officers, agents, employees or volunteers. The term of this MOU shall commence as of the date first written above, and conclude five (5) years thereafter, unless renewed in writing as mutually agreed by the parties. 9. This MOU may be modified or amended with the written approval of both parties, provided that the party proposing a modification or amendment submits the same in writing to the other party at least sixty (60) days in advance. CITY may approve such modification or amendment without CITY Council approval. 10. Either party to this MOU may terminate it for any reason by giving the other party sixty (60) days advance written notice, during which time the parties may engage in remediation. Page 3 of 5 Memorandum of Understanding h . 'ween UC Regents, Marin County Coop .ive Extension and the Citv of San Rafael (continued) 11. Any notice required or permitted to be given under this MOU shall be in writing and shall be conclusively delivered to the other party at the following respective addresses: For CITY: City of San Rafael Jane Lange, Falkirk Cultural Center 1400 Fifth Avenue San Rafael, California 94901-1943 For UCCE MARIN: Ellen Rilla, UCCE County Director Marin County Cooperative Extension 1682 Novato Boulevard, Suite 150-B Novato, California 94947 Page 4 of 5 memorunuum q/ unuersianumg oenveen UC Regents, Marin County Cor •ative Extension and the Citv of San Rafael (cont..,.,ed) IN WITNESS WHEREOF the parties hereto have executed this written MOU the day and year first above written. Albe J. Boro, l' Mayor Date Ci of San Rafael R!I q Ihard B. Standiford, P , Acting Vice President Date University of California Agriculture and Natural Resources - Cooperative Extension Kimberly A. R* gues, Regional irector Date Cooperative Extdnsion, North C a t and Mountain Region Attest ?Sf-i—r..¢z e- • 4--e-1 of l o q-! c?� Esther C. Beirne, San Rafael City Clerk Date to Approyed As To, Form: / `i��. Obert FfWtein, Sdn Rafael City Attorney Date Agreed and Accepted: r Cr Ellen Rilla, Director Date Cooperative Extension, Marin County Page 5 of 5