HomeMy WebLinkAboutCS Use Falkirk Greenhouse; University of CaliforniaSAN RAFAEL
6.
1,,
THE CITY WITH A MISSION
Agenda Item No: 4.c
Meeting Date: March 20, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Carlene McCart, Director City Manager Approval: C�_�
TOPIC: Agreement to allow Marin Master Gardeners to install and maintain landscape improvements
and to conduct public outreach programs at the Falkirk Cultural Center
SUBJECT: Resolution Of The City Council Of The City Of San Rafael Approving and Authorizing the
City Manager to Execute an Agreement Between The City Of San Rafael And The Regents Of The
University Of California For The Use Of Falkirk Cultural Center Greenhouse And Grounds By The
University of California's Cooperative Extension in Marin County Through Its Marin Master Gardeners
Program.
RECOMMENDATION: Adopt Resolution
BACKGROUND: Marin Master Gardeners (MMG) is a volunteer organization trained, certified and
operated by University of California, Cooperative Extension in Marin County. Members graduate from a
course of study in horticulture aimed at community level gardening utilizing best practices for
sustainability, climate, and environmental protection. Through community service and educational
outreach, they provide home gardeners and community organizations with the knowledge and skills to
create a healthy environment for Marin County. Members are non -paid staff of the University of California
Cooperative Extension (UCCE), answering public inquiries and providing information on all areas of plant
health and gardening practices
MMG began their volunteerism at Falkirk Cultural Center in 2010 with single projects and public
education events. The group evolved in interest and commitment to the Falkirk grounds. In 2013 the
City entered into an Agreement with MMG's parent organization, the University of California, acting
through its Cooperative Extension in Marin, to improve and maintain specific landscape areas on the
grounds as per the City adopted Falkirk Landscape Masterplan. The Agreement was amended in 2014
to include improvements and use of the Falkirk Greenhouse.
ANALYSIS: The results of the Agreement are evident in the high level of landscape improvements
now in place at Falkirk. The Mediterranean, Succulent, Green house Gardens are show places for
design and plant selection particularly suited for the San Rafael climate. The Greenhouse propagates
plants for annual fundraising sales and educational programs, both adult and school age students.
FOR CITY CLERK ONLY
File No.: 4-10-366 x 9-3-84
Council Meeting: 03/20/2017
Disposition: Resolution 14293
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Improvements have also been made to the infrastructure that supports the landscape such as the
climate control system the Greenhouse, the drip irrigation systems, repairs to the Greenhouse roof and
siding, path construction and maintenance.
MMG members are on site most days on a specific schedule to plant, tend and maintain the landscape
areas. They offer information and engage visitors to the grounds, and provide a sense of community
occupancy of the historic venue.
The City has partnered with MMG to promote programming to the public, and also to contribute to some
of the work installations as appropriate. The expertise and labor of the MMG far extends beyond what
the City could accomplish and sustain at Falkirk. The public benefits include specialize maintenance of
a publically owned historic site, free and low cost educational programming, and an attractive revenue
producing venue for events.
The proposed new Agreement is similar to the 2012 Agreement, with updated terms for expanded use
of the Greenhouse, including access to the restroom. It also allows for future expansion of MMG areas
of service should the group and the City choose to agree to do so. The term is proposed for ten years
to allow long range planning and projects to occur. The new Agreement would supersede the 2013
Agreement, which otherwise expires on January 1, 2018.
FISCAL IMPACT: There is no financial obligation by the City, nor fiscal impact associated with this
Agreement.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the Resolution
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Adopt Resolution Of The City Council Of The City Of San Rafael Approving and Authorizing the City
Manager to Execute an Agreement Between The City Of San Rafael And The Regents Of The
University Of California For The Use Of Falkirk Cultural Center Greenhouse And Grounds By the
University of California's Cooperative Extension in Marin County, Through its Marin Master Gardeners
Program, in a form approved by the City Attorney.
ATTACHMENTS:
• Resolution
Agreement for the Use of Falkirk Greenhouse and Grounds
RESOLUTION NO. 14293
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA FOR THE USE OF FALKIRK CULTURAL CENTER GREENHOUSE
AND GROUNDS BY THE UNIVERSITY OF CALIFORNIA'S COOPERATIVE
EXTENSION IN MARIN COUNTY THROUGH ITS MARIN MASTER GARDENERS
PROGRAM
WHEREAS, the CITY owns that certain property identified as 1408 Mission (AP No. 011-131-05)
(hereinafter "Falkirk Property") that contains the Falkirk Cultural Center ("Falkirk Center"), the Falkirk
Greenhouse ("Greenhouse"), and the lawn, gardens, driveways and other grounds existing around the
Falkirk Center and Greenhouse ("Grounds"); and
WHEREAS, the UNIVERSITY operates the University of California Cooperative Extension in Marin
("UCCE MARIN") to provide educational, research, financial and other support for agricultural related
activities within the County of Marin, including its cities; and
WHEREAS, in 2002 the UNIVERSITY through the UCCE MARIN Master Gardener Program provided
assistance to the CITY for the Greenhouse renovation project, and subsequently has collaborated with the
CITY on other projects on the Falkirk Property, including landscaping and maintaining specified areas of
the Grounds, building and maintaining a "Greenhouse garden", and improving and utilizing the
Greenhouse to propagate and grow plants for sale to the public and for use on the Grounds; and
WHEREAS, the collaboration between the CITY and the UNIVERSITY on projects on the Falkirk
Property has been mutually beneficial; and
WHEREAS, the CITY and the UNIVERSITY are mutually desirous of improving the Grounds, and the
Greenhouse, and providing educational opportunities for the citizens of Marin County on the Falkirk
Property.
NOW, THEREFORE, BE IT RESOLVED The City Council of the City of San Rafael Approves
an Agreement between the City of San Rafael and the Regents of the University of California for the use of
Falkirk Cultural Center Greenhouse and Grounds by Marin Master Gardeners, in a form approved by the
City Attorney.
I, Esther 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 San Rafael City Council held on
March 20, 2017 by the following vote to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCulllough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
A-- JeL,-r
ESTHER C. BEIRNE, City Clerk
AGREEEMENT FOR THE USE OF FALKIRK GREENHOUSE AND GROUNDS
This Agreement (hereinafter "Agreement") is made and entered into this 1st day of April, 2017,
by and between the City of San Rafael, a charter city (hereinafter "CITY") and The Regents of
the University of California (hereinafter "UNIVERSITY).
RECITALS
WHEREAS, the CITY owns that certain property identified as 1408 Mission (AP No. 011-131-
05) (hereinafter "Falkirk Property") that contains the Falkirk Cultural Center ("Falkirk Center"),
the Falkirk Greenhouse ("Greenhouse"), and the lawn, gardens, driveways and other grounds
existing around the Falkirk Center and Greenhouse ("Grounds"); and
WHEREAS, the UNIVERSITY operates the University of California Cooperative Extension in
Marin ("UCCE MARIN") to provide educational, research, financial and other support for
agricultural related activities within the County of Marin, including its cities; and
WHEREAS, in 2002 the UNIVERSITY through the UCCE MARIN Master Gardener Program
provided assistance to the CITY for the Greenhouse renovation project, and subsequently has
collaborated with the CITY on other projects on the Falkirk Property, including landscaping and
maintaining specified areas of the Grounds, building and maintaining a "Greenhouse garden",
and improving and utilizing the Greenhouse to propagate and grow plants for sale to the public
and for use on the Grounds; and
WHEREAS, the collaboration between and the CITY and the UNIVERSITY on projects on the
Falkirk Property has been mutually beneficial; and
WHEREAS, the CITY and the UNIVERSITY are mutually desirous of improving the Grounds,
and the Greenhouse, and providing educational opportunities for the citizens of Marin County on
the Falkirk Property;
AGREEMENT
FOR AND IN CONSIDERATION OF mutual promises, covenants and conditions hereinafter
contained, the parties hereto agree as follows:
UNIVERSITY RIGHTS OF USE. The UNIVERSITY through UCCE MARIN shall have
the non-exclusive right (subject to the reasonable rights of access, maintenance, and use
retained by the CITY) to use the Greenhouse, areas of the Grounds, a secure restroom ,
hereafter designated in writing by the CITY for UCCE MARIN's gardening projects
and related organized activities such as preparing, planting and maintaining beds, plant
sales, and community classes and lectures, during the hours of 9:00 a.m. to 1:00 p.m..
weekdays, provided that UCCE MARIN's scheduling of programs in the Greenhouse and
Grounds during the foregoing time period shall be determined by mutual agreement
between the CITY's Community Services Director and the UNIVERSITY. UCCE
AGREEMENT FOR USE OF FALKIRK GREENHOUSE AND GROUNDS
MARIN's use of the Greenhouse and Grounds at other times shall require the advance
written approval of the CITY's Community Services Director or appointee. The
UNIVERSITY may not engage in renovations, restoration, repairs, construction of
facilities, or installation of signage, landscape or hardscape, without the express written
approval of the CITY, after review and approval of the San Rafael Parks and Recreation
Commission, where appropriate, in compliance with the Falkirk Grounds Masterplan,
Historic Site designation, and in conformance with the CITY's goals and objectives for
the Falkirk Property.
2. UNIVERSITY OBLIGATIONS. The UNIVERSITY, through UCCE MARIN and its
management responsibility and supervisory authority over the UCCE Master Gardener
Program and its volunteers, shall:
a. Recruit, train, and supervise members of the 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 on designated areas of the Grounds.
In addition, design and implement steps 2.c and 2.d for additional areas mutually
agreed upon for use as educational gardens (i.e. fountain garden, urn and
container gardens, kitchen garden and other potential areas).
C. Prepare and install Succulent, Mediterranean, Greenhouse Garden signage, where
and as approved by the CITY, to identify plant materials and their purposes.
d. Maintain the Succulent, Mediterranean and Greenhouse Garden areas.
e. Conduct a regular schedule of seminars and workshops for the public using the
garden areas as educational tools, at times and places approved by the CITY.
f. Abide by and follow all policies, procedures, rules and regulations set forth by the
CITY for the administration and operation of the Falkirk Property.
g. Consult with and inform the CITY's 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. ADMINISTRATION. Each party shall identify an administrator who shall be
responsible for administration of the Agreement on behalf of that party. The CITY's
Community Services Director shall be the administrator of this Agreement on behalf of
the CITY, unless the CITY designates another employee of the CITY to assume such
administrative function. The UCCE MARIN's Director shall be the UNIVERSITY's
administrator of this Agreement on behalf of the UNIVERSITY unless the
UNIVERSITY designates another employee of the UNIVERSITY to assume such
Page 2 of 5
AGREEMENT FOR USE OF FALKIRK GREENHOUSE AND GROUNDS
administrative function. Notice of any party's change of its administrator shall be given
to the other party within 5 business days of the change.
4. IMPROVEMENTS. All improvements made and any plants and trees installed by the
UNIVERSITY through UCCE MARIN or otherwise to or upon the Greenhouse and
Grounds shall belong to the CITY, and shall not be removed by the UNIVERSITY
except with the approval of the CITY.
INDEPENDENT CONTRACTOR. 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.
6. NONDISCRIMINATION. The CITY and UNIVERSITY agree, in accordance with
CITY and UNIVERSITY policies, and applicable State and Federal laws, that in the
performance of this Agreement, they shall not 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). To the extent applicable, and in accordance with applicable law, each party
shall be an affirmative action/equal opportunity employer.
7. INSURANCE. The UNIVERSITY is self-insured for any liability created by the acts of
its employees, agents or volunteers, and does not carry any liability insurance policies for
such acts. UCCE certified Master Gardeners who have completed formal training, and
who periodically are retrained, are considered formal volunteers or agents of
UNIVERSITY, 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.
S. INDEMNIFICATION. The UNIVERSITY shall indemnify, defend and hold harmless
the CITY, and its officers, employees, volunteers and agents 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 the UNIVERSITY's own agents, officers,
employees and volunteers, arising out of the performance of this Agreement and/or the
presence of the UNIVERSITY's officers, employees, and agents on the Falkirk Property,
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 UNIVERSITY, its officers, agents, or employees.
The CITY shall indemnify, defend and hold harmless the UNIVERSITY, and its officers,
employees, agents and volunteers from and against any and all liability, loss, expense
(including reasonable attorney's fees), or claims for injury or damages to or by any
Page 3 of 5
AGREEMENT FOR USE OF FALKIRK GREENHOUSE AND GROUNDS
person or to or by the CITY's own agents, officers, and employees, 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 resulting
from the negligent or intentional acts or omissions of the CITY. its officers, agents, or
employees.
9. TERM. The term of this Agreement shall commence as of the date first written above,
and conclude ten (10) years thereafter, unless terminated prior thereto as provided in
Paragraph 11 hereafter.
10. ENTIRE AGREEEMENT-AMENDMENTS. The terms and conditions of this Agreement
represent the entire Agreement of the parties with respect to the subject matter of this
Agreement. This Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CITY and UNIVERSITY. No other agreement,
promise or statement, written or oral, relating to the subject matter of this Agreement, shall
be valid or binding, except by way of a written amendment to this Agreement. -
The terns
and conditions of this Agreement shall not be altered or modified except by a written
amendment to this Agreement signed by the CITY and the UNIVERSITY, which shall
require the approval of the City Council of the CITY.
11. TERMINATION. Either party may terminate this Agreement without cause by giving the
other party sixty (60) days advance written notice of such termination. EITHER party
may terminate this Agreement for cause by giving ten (10) days written notice to the
other party, and upon the other party's failure to cure or correct the cause of the termination
to the reasonable satisfaction of the party giving notice, within such ten (10) day time
period.
12. ASSIGNABILITY. The UNIVERSITY agrees that it shall not assign or transfer any
interest in this Agreement nor the performance of any of its obligations hereunder,
without the prior written consent of the other party, and any attempt to so assign this
Agreement or any rights, duties or obligations arising hereunder shall be void and of no
effect.
13. NOTICES. All notices and other communications required or permitted to be given under
this Agreement, including any notice of change of address, shall be in writing and given by
personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the date
of personal delivery, or if mailed, upon the date of deposit with the United States Postal
Service. Notice shall be given as follows:
Page 4 of 5
AGREEMENT FOR USE OF FALKIRK GREENHOUSE AND GROUNDS
To CITY:
City of San Rafael
Community Development Director
Community Services Department
618 B Street
San Rafael, CA 94901
To UNIVERSITY:
UC Agriculture & Natural Resources
ATTN: Ryan Harms, Controller's Office
1111 Franklin Street, 10`x' Floor
Oakland, CA 94607
With a copy to:
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 as of the day and
year first above written.
CITYnOF S
Bv:
Jim , City M
Sc OATS
Attest:
/ 41- - 57q— L G - 964/Z
Esther Beirne, City Clerk
Approved As To Form:
Robert F. Epstein, CityA ttorne
REGENTS 91F
MD
THE UNIVERSITY OF CALIFORNIA
Bv:
5-A119 afs?6,6oNrr-OL&F—e
Universityf California, Agriculture and Natural
Resources ICooperative Extension
Agre VActed:
David .Lewis, UC Cooperative Extension, Marin County
Page 5 of 5
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Services
Project Manager: Debbie Younkin
Extension: 3347
Contractor Name: The Regents of the University of California
Contractor's Contact: David J. Lewis, UC Cooperative Extension, Marin County
Contact's Email: djllewis@ucanr.edu
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
Click here to
Atty c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
enter a date.
❑
3
Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
4
Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Click here to
Date of Council approval
enter a date
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
�/�ki
7
City Attorney
Review and approve insurance in PINS, and bonds
(e /1 /1 7
(for Public Works Contracts)
kJ /A
8
City Manager/ Mayor
Agreement executed by Council authorized official
1
9
City Clerk
Attest signatures, retains original agreement and
I
forwards copies to Project Manager
(> t7! 17
�/�
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 3/20/2017
From: Carlene McCart
Department: Community Services
Date: 3/9/2017
Topic: Agreement to allow Marin Master Gardeners to install and maintain landscape
improvements at Falkirk Cultural Center
Subject: Resolution Of The City Council Of The City Of San Rafael Approving An Agreement
Between The City Of San Rafael And The Regents Of The University Of California For The Use Of
Falkirk Cultural Center Greenhouse And Grounds By Marin Master Gardeners
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: MM - approved 3/10
® City Attorney
Remarks: Approved with changes to the Staff Report and Resolution. ETD. 3/13/17
® Author, review and accept City Attorney / Finance changes
Remarks:
® City Manager
Remarks: