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18-0403_UCEE MASTER GARDENERS_E9_Agenda ReportCity of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ~njamin Siegel, City Manager SUBMITTED BY: Dori Budde, Community Services Director {IJrr£:J DATE: April 3, 2018 4/3/2018 E9 SUBJECT : Memorandum of Understanding with The Regents of the University of California on behalf of Orange County Cooperative Extension Master Gardeners Program for "Smart Gardening" Classes RECOMMENDATION: 1. Approve a Memorandum of Understanding (MOU) with The Regents of the University of California on behalf of its Orange County Cooperative Extension Master Gardeners Program (UCCE/OCMG), and 2 . Authorize the City Manager to execute the Memorandum of Understanding and up to a maximum of four additional one-year term extensions. DISCUSSION/ANALYSIS : Orange County Master Gardeners (OCMG) is a volunteer organization that is part of the University of California Cooperative Extension (UCCE) Program. There is a Master Gardener Program in almost every county in California, and OCMG is one of the largest and most active in the state. The purpose of the OCMG is to provide research-based, scientifically accurate information to the gardening public about home horticulture and pest management. The UCCE/OCMG propose to provide the City with one free monthly "Smart Gardening" class, for a total of twelve per year, at City facilities such as the Community Center, Community Gardens and Los Rios (Attachment 1 ). The classes would primarily consist of lecture presentations for adults, but would also include several hands-on craft classes* and a single annual butterfly tour with activities (Attachment 2). Under the proposed MOU, the City would allow the UCCE/OCMG to use the City facilities rent free in order to provide the classes at no cost to the public. The MOU is proposed for one year, but could be extended up to four additional years (Attachment 3). *Craft classes may include a nominal material fees paid to the instructor City Council Agenda Report April 3, 2018 Page 2 of 3 On March 19, 2018, the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission recommended that the City Council approve the MOU with the Master Gardeners for Gardening Classes. A copy of the minutes excerpt is provided as Attachment 4. FISCAL IMPACT: There is no direct cost to the City associated with the recommended action. The potential revenue the City could realize, if the facilities were rented during the classes, ranges from $1,000 to $3,000 annually. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Memorandum of Understanding (MOU) with The Regents of the University of California on behalf of its Orange County Cooperative Extension Master Gardeners Program (UCCE Master Gardeners) would not be an activity with potential to cause significant effect on the environment and therefore exempt from CEQA. A Notice of Exemption (NOE) will be posted should the project receive final approval. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On March 19, 2018, the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission recommended that the City Council approve the MOU for Gardening Classes. NOTIFICATION: Tom Farrell, UCCE Orange County Master Gardener Kris Bonner, UCCE Orange County Master Gardener Marianne Taylor, Goin Native Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission ATTACHMENT : Attachment 1 : UCCE Proposal Attachment 2: UCCE Catalog of Topics Offered Attachment 3: MOU City Council Agenda Report April 3, 2018 Page 3 of 3 Attachment 4: March 19, 2018, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission Minutes Excerpt Orange County Master Gardeners Proposal to Provide Gardening Classes City of San Juan Capistrano Orange County Master Gardeners (OCMG) proposes to provide the City of San Juan Capistrano (SJC) monthly "Smart Gardening" classes at SJC facilities, including the SJC Community Center and Reata Park. The classes would primarily be lecture presentations for adults, similar to the presentations made by MGOC at Reata Park over the past two years. The classes would start at a mutually agreed upon date. The classes would be done in partnership with SJC, and provided free to the public. Each class will be 45- 50 minutes, with an additional10-15 minutes for questions. We request a room for 2.0 hours total, as follows (could be reduced to 1.5 hours): 30min. 1 hour 30min Set up Class, including Q&A 1:1 follow up with attendees, take down, vacate room References: Please see the attached list of Master Gardener Speaker Bureau clients. Topics offered: Attached is a catalog of topics, along with a sample PowerPoint presentation . OCMG would provide: • Master Gardener Speakers (trained and certified by U.C. Cooperative Extension) • PowerPoint presentation (reviewed and edited for content and editorial standards) • Class description (for city publications, web), • Handouts, and • Class attendance counts. • Publicity: UCCE Orange County Master Gardener web site, and emails to friends, family, neighbors from Master Gardeners who live in south OC City of San Juan Capistrano would provide: • Meeting room that can seat 25 to SO people, with chairs and projector screen, suitable for PowerPoint presentation • Small table in the front, for instructor to set visual aids, materials • Projector/computer. MGOC can provide laptop and/or projector, if this this if not available through the center. • Community publicity through usual city website, publications, news releases etc. of SJC/Community center. We would like to meet every three months to review the attendance and community interest, and plan out the classes for the next quarter. We can provide more or fewer classes to meet the community's needs. Hands-on Classes. OCMG understands that SJC desires to offer hands-on classes to seniors at the Community Center. While OCMG does not currently have any such classes, we agree to prepare and deliver one (1) hands-on senior class as part of the first 4 classes offered at the SJC Community Center. Hands-on classes would likely need to have lower attendance limits and a fee to pay for materials. The first class would be used to work out logistics, costs, and types of projects appropriate for the target population. Page 1 ATTACHMENT 1 Master Gardener Background: Orange County Master Gardeners (OCMG) is a volunteer organization that is part of the University of California Cooperative Extension (UCCE) program . There is a Master Gardener program in almost all counties in California, and OCMG is one of the largest and most active in the state . The purpose of the University of California Cooperative Extension Master Gardener Program is to provide research-based, scientifically accurate information to the gardening public about home horticulture and pest management. Master Gardeners are prohibited from using the Master Gardener name or logo in any commercial enterprise, and are also prohibited from any personal monetary gain or benefit. Orange County Master Gardeners Website : http:Umgorange.ucanr.edu/ OC Master Gardeners must successfully complete a rigorous 3-month, 80-hour training program, and then meet annual volunteer and continuing education hourly requirements. We provide residents of Orange County with up-to-date, practical and sound gardening advice. We accomplish this by staffing booths at various horticultural venues, through ou r website, and with presentations and seminars. There are over 340 OCMG volunteers, including 80 in south OC, and 7 Master Gardeners who call San Juan Capistrano their home. The OCMG Speakers Bureau includes 40 speakers who make over 150 presentations each year. Our PowerPoint presentations go through review and editing for both content and style, to insure that presentations are of a very high quality. MGOC has an in-house Toastmasters club, to improve the skills of our speakers. OCMG Speakers Bureau page: http://mgorange .ucanr.edu/Projects/Speakers Bureau/ Web page for new Mission Viejo "Smart Gardening" series, starting June 1, 2017 bttp://c ityofmissionviejo .org/news/new-gardening-lecture-series-norman-p-murray-center-begins-june- 1 Page 2 Catalog of Topics Offered UCCE Master Gardeners Speakers Bureau Catalog of Topics Offered The Backyard Fruit Basket Not enough room in your backyard for fruit trees and vines? With a little planning and know- how, you could make it happen. Learn about the varieties of fruit trees, vines and other fruits suitable for backyard growing and how to plant and care for them. Get tips for growing fruit in small gardens. Valuable information ... ripe for picking! Bulbs Discover the beauty, ease and simple steps for successful gardening with bulbs. Learn the differences between true bulbs, corms, tubers/tuberous roots and rhizomes. Find out how to plant them, including soil preparation and depth-and which ones become naturalized and which will need some refrigeration in our area. From a single pot to a large border planting, bulbs add stunning color to the garden and provide beautiful cut flowers for the home and to share with friends. Butterflies in Your Garden Did you know there are more than 170 species of butterflies that live in or visit Southern California? You can easily attract many ofthem by learning about host and nectar plants and shelter that a particular species prefer. Learn to maintain an ecological partnership with flowering plants while eliminating the use of harmful pest control methods, unnecessary fertilizers and additives. Discover the many types of butterflies, what they like, and examples of native and other nectar flowers that attract them. Composting Series-Com posting Basics Just how does compost happen? Nature, as it recycles by decomposition, provides us with garden gold. Learn why it is important to recycle organic waste, about the right balance of greens, browns, air and water, and how soon you can expect your first batch! Take a look at the traditional method and the UC rapid method. Check out some nifty compost bins and do a little troubleshooting. Then it's all yours-wonderful black gold for your gardening pleasure. (This is half of a two-part series for certification in composting.) Composting Series-Vermiculture (Vermicomposting or Worm Composting) Yes, worms CAN eat your garbage and you can learn how to make that happen! Find out what equipment and supplies you'll need to assemble a worm bin including bedding, water, worms and food scraps. You will also learn how to set up the vermiculture system, maintain proper temperature, harvest and do a little troubleshooting. If you want to break down kitchen scraps into valuable, rich compost (and compost tea!) for your garden, don't miss this presentation! (This is half of a two-part series for certification in cumposting.) Drought Tolerant Gardens Let's face it, we live in a climate where water has been and will continue to be an issue. The smart gardener, in finding ways to address this issue, will investigate drought tolerant Page 1 ATTACHMENT 2 plants. This presentation covers gardening in the Southern California Mediterranean climate and provides tips for designing and planning the drought tolerant garden including steps to implement the garden design. Beginning with a definition/description of drought tolerant plants, attendees will learn how to select, plant, water and maintain the right plants to thrive in their gardens. Fairy Gardens Each fairy garden has its own personality and in this class you will learn to design and create a lovely place for a fairy to come and visit. Miniature fences and garden tools or fairy figurines draw the eye to each plant, focusing on the tiny details. You will learn the basics of container gardening including supplies, containers, theme, plants and creativity. There's no limit to the variety and intrigue you can create with your fairy garden. Whether you're designing it for your own eftioyment, or for others, have an enchanting time and maybe-just maybe-the fairies will pay a visit some night by the light of the moon. Gardening Month by Month-The Busy Gardener If you are busy (and who isn't?) and like to garden, this is for you! Not exactly "speed gardening"-but close-this presentation gives Orange County gardeners the list of top garden jobs for each area of the garden month by month. Staying ahead of the "garden game" allows you to get your garden off to a good start with better results, higher yields and less effort. It also gives you more time for those other things in your life! From turf to tomatoes, there are tips for everyone. Gardens for Small Spaces No space to garden?. You' II be amazed at what you can grow in even the smallest spaces. Create a year round, no fuss vegetable or herb garden or a place to grow your favorite flowers. This presentation provides information on various techniques to maximize your garden space and productivity. Herbs Imagine being able to harvest herbs as you need them right outside your kitchen door ... or even from your kitchen counter. Learn about growing herbs in containers-even in a pumpkin!-for use in cooking or for enjoyment in your garden. From the mundane to the exotic, it's time to learn about herbs. Least Toxic Pest Control Methods-Integrated Pest Management (IPM) Eww, gross! Is that what you think about those insects in your garden? Learn multiple techniques for effective pest control that are the least toxic for your home environment. Get the latest information on a variety of methods to keep those bad pests away, and encourage the beneficial insects, all while protecting the environment. Rose Series -Beginning Rose Care Ready to enter the world of rose gardening? You came to the right place. This presentation covers the basics: selection, planting, care and feeding, integrated pest management and pruning. Learn which rose is right for you and how to care for it. Page 2 Rose Series -Advanced Rose Care If you have roses, this presentation is a great refresher on the basics such as selection, planting, care and feeding, integrated pest management and pruning. In addition, it includes a pruning demonstration and attention to specific types of roses such as shrubs, miniature and old garden roses. Smart Gardening Series-Overview What does it take to be a Smart Gardener? Knowledge-and application of that knowledge- about soil care, irrigation, energy conservation, pest control and wildlife. Sound complicated? This series of presentations makes it simple and will help you to save time, money and create a healthier garden. Smart Gardening Series-What's in Your Soil?-Soil Basics Good soil is the starting place for a smart garden. Learn the components of soil, how to evaluate your landscape soil, and the steps you can take to enrich your soil to produce a bountiful, sustainable landscape and garden. Smart Gardening Series-Water Better Not Wetter ?If you think conserving water means that you have a barren landscape, think again! Discover how you can have a beautiful landscape by managing water and gardening smartly. Learn irrigation tricks and tips that will save you money and time while helping the environment. Smart Gardening Series-Energy Smarts for the Garden What does energy have to do with a garden? Plenty. Smart gardening energy is all about what you plant, where you plant, and how you care for your garden. Planting the right tree in the right place can actually save you money. Learn simple steps you can take to conserve energy. Smart Gardening Series-What's Bugging Your Plants? (Integrated Pest Management [IPM]) Face it. You can't get rid of all the insects in the world, let alone in your yard ... but you can learn to manage them so that your plants will thrive. rind out how to 'outsmart' the bad insects and attract the beneficial ones. Get tips on prevention, avoidance, suppression and responsible pest control. Smart Gardening Series-Create a Wildlife Habitat in Your Yard No, not the lions-and-tigers-and-bears kind ofwildlife! More like the small critters such as birds, bees, butterflies and lizards. Attract wildlife by creating a welcoming habitat. Learn to restore a natural balance, and then reap the benefits as you enjoy watching these small creatures right in your own backyard. Succulents Succulents are such easy plants to grow, both in the garden and in pots. This presentation covers the history and origin of succulents, their care and feeding and propagation. It also covers pests, diseases and recommended remedies. Learn how to grow succulents in pots, in the landscape as Page 3 art and as houseplants. Succulent containers will be on display to show the vast variety of ways to plant succulents. Tool Time Okay, okay-there are some trusty standby tools that you need in your garden. And then, there are the cool tools-the ones that take your breath away, that you don't want to live without, that you see in your dreams. Let's discuss and demonstrate tools for home gardens. Vegetables Series-Edibles in the Landscape The best locally grown food comes from your own yard. You can plant what you like, connect with nature and have a bounty that is healthy, seasonal and flavorful. Learn about edible plant selections including annuals, herbs, berries and fruit trees. Find out how to transform your garden gradually with various garden themes or styles. This presentation covers soil, water, integrated pest management, care and feeding and harvesting. Get information about containers or raised beds, accent plants and trellises or support for vines. Vegetables Series-Giant Pumpkins Ginormous! Stupendous! Enormous! Gargantuan! Colossal! So you'd like to grow a giant pumpkin? This presentation will help you to learn how to do that. It addresses site selection, soil preparation, germination, and transplanting, watering, fertilizing and general care. The most important tips of all: have fun and good luck! Vegetables Series-Grow it NOW: Cool Season Vegetables From gourmet selections to a stir-fry garden, this presentation covers everything you need to know about starting and growing vegetables that you can harvest in fall, winter and early spring. Learn how to "start something" that you can harvest and eat throughout the cool season. Get tips for fitting more into smaller spaces and busy lifestyles, information, and demonstrations. Vegetables Series-Grow it NOW: Warm Season Vegetables Ready to dig in the garden again? Now is the time to plant warm season vegetables to feed your family over the summer months. Get the information you need to choose your crops so that you can eat healthily while following the #I rule: plant what you and your family like to eat! Yum! Vegetables Series-Month by Month in the Vegetable Garden If you are busy (and who isn't?) and like to grow vegetables, this is for you! Not exactly "speed gardening"-but close-this presentation gives Orange County gardeners the list of top jobs for your vegetable garden month by month. Staying ahead of the "garden game" allows you to get your garden off to a good start with better results, higher yields and less etTort. It also gives you more time tor those other things in your life! From attichokes to zucchini, there are tips for everyone. Vegetables Series-Raised Bed or Container Vegetable Gardening Don't let space dictate how much you can grow in your garden! [f you seriously want to harvest crops to feed your family, a raised bed or container gardening might be the answer for you. Some ofthe advantages are that you can have hom~grown vegetables, use less space and Page 4 water and cut out the backbreaking work-without weeds! The best part? It's fun and easy. Great for patios, apartment balconies and smaller back yards. Vegetables Series-Tomatoes You could plant from dawn to dusk and stilt not plant every variety of tomato! Whether you are a novice or a pro, you'll enjoy learning about tomatoes: the many varieties, their culture, diseases and pests, growing in the ground vs. growing in containers-and finally, how to use them. Basic Gardening The Basic Gardening Course highlights the basic requirements to establish a vegetable garden to grow healthy food for the family. Topics include sunlight, quality of soil, water availability and good drainage. The presentation also provides advice on location, selection of vegetables, time of the year to plant, and integrated pest management. El Corso de Jardineria Basica (Basic Gardening-Spanish) El Curso de Jardinerfa Basica es una presentaci6n de cerca de 45 minutos sobre los requisitos para empezar una huerta casera que contribuya a una balanceada nutrici6n de Ia familia. Los requisitos basicos son Ia luz solar, calidad del suelo, agua disponible y buen drenaje. La presentaci6n tambien aconseja como seleccionar el Iugar, los vegetales, Ia epoca del afto y Ia manera de como controlar plagas. Page 5 I I MEMORANDUM OF UNDERSTANDING between The CITY OF SAN JUAN CAPISTRANO and The Regents of the University of California on behalf of its Orange County Cooperative Extension Master Gardeners Program Parties and Date This Memorandum of Understanding ("MOU), is entered into as of this __ day of ----=("Effective Date'') by the City of San Juan Capistrano, a municipal corporation (the "City,") and, The Regents of the University Of California, a constitutional corporation, on behalf of its Orange County Cooperative Extension Master Gardeners Program, ("UCCE Master Gardeners"). The City and the UCCE Master Gardeners are referred to individually as a "Party" and collectively as the "Parties." RECITALS A. City is committed to protecting the environment and educating its residents about sustainable living, composting and water saving opportunities. B. City offers a variety of environmental programs and services for San Juan Capistrano residents and providing such programs and services for all residents is consistent with the mission, vision and core values of City. C. The purpose of the University of California Cooperative Extension Master Gardener Program is to extend research-based, scientifically accurate information to the public about home horticulture and pest management. D. UCCE Master Gardeners is a local volunteer organization dedicated to providing environment-related educational programs to the public, and its volunteers are official agents of the University of California Cooperative Extension when acting in the course and scope of their University of California Cooperative Extension volunteerism. E. UCCE Master Gardeners presents the Smart Gardening Program, a series of classes designed to teach the local home gardener the ways of sustainable and environmentally friendly gardening including composting and water conservation. F. Collaborations provide efficiencies in City resources designed to serve the San Juan Capistrano community . ATTACHMENT 3 Page 1 G . This City-Community Collaboration is viewed as a positive and efficient synergistic relationship for City, UCCE Master Gardeners and the San Juan Capistrano community. TERMS 1. Term. This MOU shall be effective for one (1) year commencing on the Effective Date, except as otherwise provided in this MOU. This MOU may be extended for up to a maximum of four (4) additional1 year terms, upon the mutual written agreement of both parties. 2. Scope of Collaboration. Page 2 2.1. UCCE Master Gardeners. 2.1.1. UCCE Master Gardeners agrees to hold no less than twelve (12) free classes ("classes") for the community to be held once a month at City Facilities as follows: 2.1.1.1. Twa (2) classes shall be held at the Community Gardens. 2.1 .1.2. 2.1 .1.3. Two (2) classes shall be hands-on Senior Classes . One (1) butterfly tour and activity shall be scheduled. 2.1.1.4. Seven (7) lectures along with accompanying literature shall be held at a mutually agreed upon locations of the Parties. 2 .1.2. All classes shall be open to the public for no cost, except for the Senior Classes, which UCCE Master Gardeners may request participants to pay a supply fee to the instructor. The Supply fee charged shall not exceed the costs of the supplies for the class. 2 .1.3. All classes will be presented by a Master Gardener Speaker which is trained and certified by the U.C. Cooperative Extension. 2.1.4. All classes shall be 1 hour, which typically includes 10-15 minutes of answering attendee's questions. 2 .1.5. UCCE Master Gardeners will provide class descriptions to the City for each class, and shall prepare relevant handouts for each class. 2.1.6. UCCE Master Gardeners will assist the City with publicity including listing classes on the UCCE Orange County Master Gardeners website, emai!ing information regarding the classes to interested people. 2 .1.7. Upon conclusion of each class, UCCE Master Gardeners will provide a class attendance count to the City. 2.2. City. 2.2.1 . City agrees to allow UCCE Master Gardeners to utilize the Commun ity Center, Community Gardens, La Sala, Reata Park, and Los Rios ("City Facilities") for the classes held by UCCE Master Gardeners at no cost to UCCE Master Gardeners . 2.2.2 . City will supply at City's cost the chairs and tables for the classes. City will also supply at City's cost a projector, for the classes if requested by UCCE Master Gardeners. 2 .2.3. City will advertise the UCCE Master Gardeners classes on the City website, where appropriate e-mail advertising, and if time permits on Hometown Happenings. 3 . Insurance. Both parties agree to provide and maintain, at their own expense, a program of Insurance or self-insurance covering the activities and operations of their respective officers, agents and employees for the term of this MOU. Insurance shall include, but is not limited to, comprehens ive general liability self- Insurance , and personal injury . The various policies or programs of insurance or self-Insurance shall have a minimum coverage of $1,000,000 per occurrence and $2,000,000 in the aggregate. Upon request, the parties will provide each other evidence of such coverage. 4. Indemnification. 4.1. UCCE Master Gardeners shall defend, indemnify, and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such claims, costs, injuries or damages are caused by or resulting from the negligent or intentional acts or omissions of UCCE Master Gardeners, its officers, employees, or agents. 4.2. The City shall defend, indemnify, and hold UCCE Master Gardeners, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this MOU, but only In proportion to and to the extent such claims, costs, injuries or damages are caused by or resulting from the negligent or intentional acts or omissions of the City, its officers, employees, or agents. 5. Compliance with Laws. UCCE Master Gardeners shall keep itself fully informed of all existing and future state and federal laws and all county and City ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this MOU. UCCE Master Gardeners shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of UCCE Master Gardeners. 6 . Ucenses, Permits. Fees and Assessments. UCCE Master Gardeners shall obtain at its sole cost and expense all licenses , permits, and approvals that may be Page 3 required by law for the performance of the services required by this MOU. UCCE Master Gardeners shall have the sole obligation to pay any fees, assessments. and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for UCCE Master Ga rdeners' performance of the services required by this MOU. 7 . Covenant Against Dis c riminatio n. UCCE Master Gardeners covenants for itself, its heirs, executors, assigns , and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin , or ancestry, in the performance of this MOU . UCCE Master Gardeners further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 sees .) as the same may be amended from time to time. 8 . Use of P atented Materials . UCCE Master Gardeners shall assume all costs arising from the unauthorized use by UCCE Master Gardeners of patented or copyrighted materials, including but not limited to equipment, devices , processes, and software programs, used or incorporated in the services or work performed by UCCE Master Gardeners under this MOU. 9. Termination. 9 .1 . City reserves the right to terminate this MOUat any time, with or without cause, upon written notice to UCCE Master Gardeners. Upon receipt of any notice of termi·nation from City, UCCE Master Gardeners shall immediately cease all services hereunder except such as may be specifically approved in writing by City. 9 .2. UCCE Master Gardeners may terminate this MOU at any time, with or without cause, upon written notice to City. Upon receipt of any notice of termination from UCCE Master Gardeners, City shall immediately cease all services hereunder except such as may be specifically approved in writing by UCCE Master Gardeners. However, if a class was scheduled prior to the notice of termination by UCCE Master Gardeners, and the City has advertised the class, then the termination shall become effective immediately following the class. 10 . logos. Where City and UCCE Master Gardeners logos are used, the logos of each party will be of equal size. 11 . A ttorneys' Fees. If any legal action or proceeding arising out of or relating to th is MOU is brought by either party to this MOU, the prevailing party shall be entitle.d to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys ' fees , costs, and expenses incurred in the action or proceeding by the prevailing party. 12 . Governing Law and Ven ue . This MOU shall be governed by the laws of the State of California. Venue shall be in Orange County. 13 . Waiver. The City's failure to insist upon strict compliance with any provision of this MOU or to exercise any right or privilege provided herein, or the City's waiver of any breach hereunder, shall not relieve UCCE Master Gardeners of any of its Page 4 obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the City's actions are intentional or unintentional. Further , the UCCE Master Gardeners agrees to waive as a defense, counterclaim, or setoff any and all defects, irregularities, or deficiencies in the authorization, execution, or performance of this MOU as well as any laws, rules, regulations, ordinances, or resolutions of the City with regard to this MOU. 14. Supplement. Modification . and Amendment. No supplement, modification, and/or amendment of this MOU shall be binding unless executed in writing and signed by both Parties. 15. Co n struction. References. and Captions. 15.1. Simple Co nst ructio n. It being agreed the Parties or their agents have participated in the preparation of this MOU, the language of this MOU shall be construed simply , according to its fair meaning, and not strictly for or against any Party. 15.2. Sectio n Headi ngs. Section headings contained in this MOU are for convenience only and shall not have an effect in the construction or interpretation of any provision. 15.3. R efe rences to the City. All references to the City shall include, but shall not be limited to, City Council, City Manager, City Attorney, City Eng ineer, or any of their authorized representatives. The City shall have the sole and absolute discretion to determine which public body, public official or public employee may act on behalf of the City for any particular purpose. 16. Re lationship Between the Parties. The Parties hereby mutually agree that neither this MOU, nor any other related entitlement, permit, or approval issued by the City for the City Facilities shall operate to create the relationship of partnership, joint venture, or agency between the City and UCCE Master Gardeners . 17 . Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested . Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this Section 18 (Notices). Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. 18 . To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Gil Leon 21. Entire Agreement and Severability. Page 5 To UCCE Master Gardeners : UCCE Orange County ATTN: Jennifer Pelham 7601 Irvine Blvd _ Irvine, CA 92618 I I 21.1. Entire Agreement. This MOU contains the entire agreement of the parties with respect to tt:le subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. 21.2. Severability. The invalidity in whole or in part of any provision of this MOU shall not void or affect the validity of any other provision of this MOU. In witness thereof, the Parties here to have executed this MOU: City of San Juan Capistrano A California municipal corporation By : BENJAMIN SIEGEL, City Manager ATTEST: By: MARIA MORRIS, City Clerk APPROVED AS TO FORM: By: JEFF BALLINGER, City Attorney Page 6 The Regents of the U niverslty of California, on behalf of its Orange County Cooperative Extension Master Gardener Program By: JAKE GUIRE, Control ' r, UC Division of Agriculture & Natural Resources MINUTES MARCH 19, 2018 REGULAR MEETING PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAIL AND EQUESTRIAN COMMISSION Chair Perrin, Jr., called the Regular Meeting of the San Juan Capistrano Parks, Recreation, Youth and Senior Services, Trail and Equestrian Commission to order at 5:30 p.m. in the Council Chamber. E. ADMINISTRATIVE ITEMS: 1. MEMORANDUM OF UNDERSTANDING FOR GARDENING CLASSES (UCCE MASTER GARDENERS) Commission Action: A motion was made by Commissioner Muir to recommend to City Council to approve the item . Motion seconded by Commissioner Mottl. Motion passed unanimously 6-0. Roll Call: AYES: Grant, Mottl, Muir, Perrin, Jr., Weaver, Zukow NOES: ABSTAINED : ABSENT: Ritchie ADJOURNMENT There being no further business before the Commission, Chairperson Perrin, Jr. adjourned the meeting at 6:25 p.m. to the Regular Parks, Recreation, Youth Services, Senior, Trails and Equestrian Commission Special Meeting scheduled for Monday, April16, 2018 at 2:00p.m. Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission Meeting Minutes -1 -3/19118 ATTACHMENT 4