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Home My WebLink AboutCS Master Gardeners Agr. re FalkirkAgenda Item No: 3.g Meeting Date: December 17, 2012 L Department: Community Services Prepared by: Carlene McCart City Manager Approva . SUBJECT: Agreement between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the purpose of installation and maintenance of landscape improvements and provision of public programming. RECOMMENDATION: Approve the Resolution authorizing the City Manager to execute the Agreement to extend the existing Agreement allowing Marin Master Gardeners to design, install, maintain specified gardens at Falkirk Cultural Center, improve the Greenhouse facility, and conduct public horticultural programs on site. BACKGROUND: The Marin Master Gardeners, a division of the University of California Cooperative Extension program, joined the Falkirk Greenhouse renovation in 2002 as a community service project. Following completion of the Greenhouse renovation the Master Gardeners continued to collaborate with Falkirk Cultural Center in 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. In 2009 the Cooperative Extension program entered into a five-year Agreement with the City to design, fund, install and maintain two formal gardens on the Cultural Center grounds in addition to the Greenhouse Garden and use of the Greenhouse. The Succulent Garden recreated an original landscape feature at Falkirk. The Mediterranean Garden has become a demonstration of plants from around the world that thrive in climates similar to San Rafael's. The installations were accomplished with funding and volunteer labor secured by the Master Gardeners. The City provided some basic grading of the garden areas and helped restore the drainage that serves them. The City pays for the water used on site, but no other aspect of the Master Gardeners work. The Master Gardeners conduct public horticulture education programs, propagate and sell seedlings and plants, and lead tours through the grounds. Their presence at Falkirk has FOR CITY CLERK ONLY File No.: q, 3 -:54 Council Meeting: 1 A 1/ -7 / 1 1 Disposition: Z `, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 dramatically improved the landscape. Their members are gracious ambassadors to the visiting public at Falkirk Cultural Center. The Agreement expires in January 2013. ANNALYSIS: Both parties desire to continue the mutually beneficial relationship into the future. The Agreement allows access by the Gardeners to the grounds for specific activities on a specific weekly schedule that does not conflict with other uses of Falkirk. The City retains all management responsibilities and supervision of the grounds. The City retains possession of the improvements and planted materials. The Master Gardeners work directly with the Falkirk Curator to coordinate events and activities. The Master Gardeners recruit and supervise volunteers, design and seek City approval for landscape installation, prepare and install interpretive signage, maintain all installations, conduct seminars and workshops for the public. The Master Gardeners are University of California Cooperative Extension volunteers. Liability for personal or property damage sustained by the Master Gardeners belongs to UC. Both parties may terminate the Agreement for any reason with 60 days notice The Agreement allows for a five-year extension. The Master Gardeners have requested a 15 - year term because the group would like to make extensive improvements to the deteriorating Greenhouse. With repairs to the lathwork, the Greenhouse can once again be climate controlled, allowing for expansion of propagation programs, educational programs and the revenue generating sales of plant materials to the public. FISCAL IMPACT: Under this new Agreement the City will continue to fund the costs for water and power on the Falkirk grounds site. An initial contribution of $2,500 to the Greenhouse project from the Parkland Dedication Fund was made earlier this year. Going forward the Master Gardeners will fundraise to cover the cost of the Greenhouse repairs, estimated to be $10-15,000. Plant material and supplies are paid for by the group. Maintenance of the landscape and small repairs to the infrastructure of the planted areas are provided by their volunteers. The City has no further fiscal impact related to this Agreement OPTIONS: 1. Approve the Resolution Authorizing the City Manager to enter into Agreement between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael. 2. Reject the Resolution and direct staff to make desired changes to the Agreement ACTION REQUIRED: Approve the Resolution Authorizing the City Manager to enter into Agreement between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the purpose of installation and maintenance of landscape improvements and provision of public programming. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Encls. Exhibit A Agreement Between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the Use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the Purpose of Installation and Maintenance of Landscape Improvements and Provision of Public Programming. Exhibit B Resolution RESOLUTION NO. 13473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND COOPERATIVE EXTENSION IN MARIN COUNTY AND THE CITY OF SAN RAFAEL FOR THE USE OF FALKIRK CULTURAL CENTER GROUNDS AND FACILITIES BY MARIN MASTER GARDENERS FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS AND PROVISION OF PUBLIC PROGRAMMING. WHEREAS, the Falkirk Mansion and Grounds was purchased by the City of San Rafael in 1974; and WHEREAS, the City is responsible for maintenance and repair on the 11 acres of the Falkirk Grounds; and WHEREAS, the Marin Master Gardeners historically have assisted the City in planting and maintaining portions of the Grounds and Greenhouse as a volunteer contribution; and WHEREAS, the Mission of the Marin Master Gardeners is to extend research -based knowledge and information on home horticulture, pest management, and sustainable landscape practices to the residents of Marin County; and WHEREAS Marin Master Gardeners are a trained group of over 300 volunteers who share their knowledge and skills with home gardeners and community organizations, through educational outreach and community service, as non -paid staff members of the University of California Cooperative Extension, and WHEREAS, the City of San Rafael and the Regents of the University of California and Cooperative Extension in Marin County entered into formal Agreement in 2009 to authorize the Marin Master Gardeners access to the grounds and landscape facilities at Falkirk Cultural Center; and WHEREAS, the Marin Master Gardeners financed, installed and maintain three formal gardens on the grounds, provided public information programs, tours, and plant propagation sales during the term of the Agreement, and WHEREAS, the City and the Marin Master Gardeners wish to continue this productive partnership in a new Agreement; and WHEREAS, the City and the Marin Master Gardeners wish to expand the term of the Agreement to 15 years to facilitate fundraising and renovation of the Greenhouse by the Gardeners; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Authorize the City Manager to enter into Agreement between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the purpose of installation and maintenance of landscape improvements and provision of public programming. I, Esther C. Beime, 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 the City of San Rafael, held on Monday, the l 7th of December, 2012, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk Exhibit A AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND COOPERATIVE EXTENSION IN MARIN COUNTY AND THE CITY OF SAN RAFAEL FOR THE USE OF FALKIRK CULTURAL CENTER GROUNDS AND FACILITIES BY MARIN MASTER GARDENERS FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS AND PROVISION OF PUBLIC PROGRAMMING This AGREEMENT (herein after "AGREEMENT") is made and entered into this 17th day of December, 2012 (the "Effective Date"), by the City of San Rafael (hereinafter "CITY") and The Regents of the University of California (Hereinafter "UNIVERSITY"), on behalf of the University of California Cooperative Extension in Marin County (hereinafter "UCCE MARINI") RECITALS WHEREAS, 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 and maintaining specified areas of the grounds building and maintaining a `Greenhouse garden,' and utilizing the Greenhouse to propagate and grow plants for sale, and use, on the Falkirk grounds (hereinafter "Grounds"); and WHEREAS, the collaboration between UCCE MARIN and the CITY on the Falkirk Grounds has been mutually beneficial, and WHEREAS, UCCE MARIN and the CITY are mutually desirous of improving the Grounds, Greenhouse, 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 gardening projects, opportunities and related organized activities such as preparing, planting and maintaining beds; plant sales; and community classes and lectures. b. Provide said facilities during the hours of 9:00 a.m. to 1:00 p.m. weekdays. Scheduling of programs in the Greenhouse and Grounds shall be determined by mutual agreement between the Falkirk administrator and UCCE MARIN. UCCE MARIN's use of the Greenhouse and Grounds at times not specified in this AGREEMENT shall be at the approval of the CITY's Falkirk administrator. C. CITY has sole management responsibility and supervision of the Greenhouse and Grounds and all programs conducted therein. Any and all renovation, restoration, repair, or new construction of facilities, signage, landscape or hardscape proposed during the term of this AGREEMENT must be reviewed and approved by CITY staff, and as appropriate, the San Rafael Parks and Recreation Commission, for compliance with the Grounds Masterplan, Historic Site designation, and alignment with CITY goals and objectives for Falkirk Grounds. UCCE MARIN programs shall be scheduled in coordination with the Falkirk schedule and with approval of the Falkirk administrator 2. UCCE MARIN, having sole management responsibility and supervisory authority of the Z:1 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 Succulent, Mediterranean, Greenhouse Garden planting areas, and select and install appropriate plants and trees. C. Prepare and install Succulent, Mediterranean, Greenhouse Garden signage to identify plant materials and their purposes. d. Maintain the Succulent, Mediterranean and Greenhouse Garden areas. 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. 9. 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. 3. Should this AGREEMENT 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 Page 2 of 6 officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 5. 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 MARIN 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. UNIVERSITY shall defend, indemnify and hold CITY, 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 UNIVERSITY'S own agents, officers, employees and volunteers, arising out of the performance of this AGREEMENT and/or the presence of UNIVERSITY'S officers, employees, agents and volunteers on the Grounds, 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 UNIVERSITY, its officers, agents, employees or volunteers. CITY shall defend, indemnify and hold UNIVERSITY, its 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 AGREEMENT, 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 CITY , its officers, agents, employees or volunteers. The term of this AGREEMENT shall commence as of the Effective Date, and conclude fifteen (15) years thereafter, unless renewed in writing as mutually agreed by the parties. 9. This AGREEMENT 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. Page 3 of 6 10. Either party to this AGREEMENT 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 mediation. 11. Any notice required or permitted to be given under this AGREEMENT shall be in writing and shall be conclusively delivered to the other party at the following respective addresses: For CITY: Carlene McCart, Director, San Rafael Community Services P.O. Box 151560 San Rafael, CA 94915-1560 For UNIVERSITY/UCCE MARIN: David J. Lewis, UCCE County Director University of California Cooperative Extension, Marin 1682 Novato Boulevard, Suite 150-B Novato, California 94947 IN WITNESS WHEREOF the parties hereto have executed this AGREEMENT the day and year first above written. Nancy Mackle City Manager City of San Rafael Date Bill Frost, Associate Director Date University of California Agriculture and Natural Resources — Cooperative Extension Attest: Esther Beirne, City Clerk Approved As To Form: Rob Epstein, City Attorney Page 4 of 5 Z� Date Date Agreed and Accepted: David J. Lewis, Director Date UC Cooperative Extension, Marin County Page 5 of 5 CITY OF SAN RAFAEL 6, �4�k ��101111 1,111 1 T INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM No. 3.9 DATE OF MEETING: December 17, 2012 FROM: Carlene McCart DEPARTMENT: Community Services DATE: December 4, 2012 TITLE OF DOCUMENT: Agreement between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the Use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the Purpose of Installation and Maintenance of Landscape Improvements and Public Programming. gardens Extension of existing Agreement allowing Marin Master Gardeners to design, install, maintain specified gardens at Falkirk Cultural Center, improve the Greenhouse facility, and conduct public horticultural programs on site. (i Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (sig6ature) City Attorney (signaturo)