20-0121_SAN JUAN CAPISTRANO GARDEN CLUB_E15_Agenda ReportTO
FROM
SUBMITTED BY
DATE:
SUBJECT:
1t21t2020
E15
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
fu.nj^ in Siegel, City Manager
Dori Budde, Community Services Director
January 21,2020
Memorandum of Understanding for Landscape Maintenance of the
La Sala Auditorium Entrance and Courtyard (San Juan Capistrano
Garden Club)
RECOMMEN
Approve and authorize the City Manager to execute a five-year Memorandum of
Understanding with the San Juan Capistrano Garden Club to provide landscape
maintenance for the La Sala Auditorium entrance and courtyard.
DISCUSSIO /ANALYSIS
The La Sala Auditorium and adjacent courtyard is a City operated facility located at 31495
El Camino Real which functions as a rentable venue for weddings and private parties.
The San Juan Capistrano Garden Club (Garden Club) is a 501 (cX3) non-profit volunteer
organization currently providing landscape maintenance for the La Sala facility at no cost
to the City. The Garden Club's current Memorandum of Understanding (MOU) is set to
expire in February 2020 and staff is recommending the City Council approve a new five-
year MOU with the Garden Club to continue providing landscape maintenance for the La
Sala Auditorium facility (Attachment 1).
FISCAL IMPACT:
Under the proposed MOU, the Garden Club would provide landscape maintenance at no
cost to the City.
ENVIRONME AL IMPACT
ln accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(bX3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
City Council
January 21,2020
Page 2 of 2
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 with the San Juan Capistrano
Garden Club to provide landscape maintenance for the La Sala Entrance and Courtyard
would not be an activity with potential to cause significant effect on the environment and
therefore exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
On January 15, 2019, the City Council approved and accepted a donation of
landscaping and a bench for the La Sala facility from the San Juan Capistrano
Garden Club.
On February 3, 2015, the City Council approved a five-year Memorandum of
Understanding for with the San Juan Capistrano Garden Club for Landscape
Restoration to the La Sala Courtyard and Entrance.
COMMISSION/COMM ITTEE/BOAR D REVIEW AND RECOMMENDATIONS:
On December 17,2018, the Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commission recommended that the City Council approve the
proposed landscaping and bench donation for the La Sala facility from the San
Juan Capistrano Garden Club.
a
o
a
On January 19, 2015, the Parks, Recreation and Senior Services Commission
recommended that the City Council approve a five-year Memorandum of
Understanding with the San Juan Capistrano Garden Club for Landscape
Restoration to the La Sala Courtyard and Entrance.
NOTIFICATION:
Nancy Cangiano, Chairman La Sala Beautification Committee, San Juan Capistrano
Garden Club
Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
ATTACHMENTS
Attachment 1 - Proposed Memorandum of Understanding
a
A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE GITY SAN JUAN CAPISTRANO AND
SAN JUAN CAPISTRANO GARDEN CLUB FOR THE
LANDSCAPE AND MAINTENANCE AT THE
LA SALA ENTRANCE AND GOURTYARD
This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this _
Day of January 2020, by and between the City of San Juan Capistrano, a California
municipal corporation (hereinafter referred as "City"), and San Juan Capistrano Garden
Club (hereinafter referred to as "SJCGC'). The City and SJCGC are referred to
individually as a "Party" and collectively as the "Parties."
Recrrnls
SJCGC is a garden club within San Juan Capistrano providing volunteer members
to maintain the landscape of the La Sala Courtyard and entrance, saving
community resources.
The La Sala Courtyard and entrance is an open-space, historic property which
requires sensitive care and treatment.
The City supports the community services provided by SJCGC.
La Sala Courtyard and entrance is located at 31495 El Camino Real, San Juan
Capistrano, CA92675 (hereinafter referred to as "La Sala Courtyard").
The Parties desire to enter into the MOU to establish the duties and responsibilities
of the City and SJCGC related to the La Sala Courtyard.
Tenrvls
NOW, THEREFORE, LET IT BE MUTUALLY AGREED TO BY CITY AND
SJCGC AS FOLLOWS:
1. The recitals are incorporated here as though fully set forth herein.
2. Term. This MOU shall remain in effect until January _,2025 unless terminated
earlier in accordance with this MOU.
3. Scope of Collaboration.
3.1. Non-exclusive use. Parties understand and agree that this MOU is for the
non-exclusive use of La Sala Courtyard by SJCGC. Use of La Sala
Courtyard by SJCGC is subject to availability, and such availability is at the
sole and absolute discretion of the City. SJCGC shall ensure that
volunteers and any projects by SJCGC will not reduce or impact City
approved uses.
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D
E
Page 1 of10
ATTACHMENT 1
3.2 SJCGC Responsibilities. SJCGC agrees to provide the following at no cost
to the City:
3.2.1. SJCGC is to provide volunteer gardeners to maintain areas of the La
Sala Courtyard, as shown on Exhibit "A" arìd incorporated herein by
this reference, on a weekly basis to sustain plant viability and
pruning; as well as reporting water issues to Public Works on an as-
needed basis.
3.2.2. SJCGC is to provide to the Community Services Director a weekly
and/or monthly schedule of days and times the volunteers will be
planting and/or conducting maintenance to the La Sala Courtyard.
3.2.3. SJCGC is to provide and maintain updated volunteer release forms
in compliance of the City's policies. The City will not be deemed to
employ, contract with, or have any responsibility for anyone
volunteers or works for SJCGC.
SJCGC will work with the Community Services Department to set a
specific, scheduled plan of volunteer hours of and types of work for
all large projects.
SJCGC will not schedule work during any event venues authorized
by the Community Services Department
SJCGC will not schedule work during City-wide events, such as:
Swallows Day Parade, 4th of July Celebration, San Juan Summer
Nites Concert Series, and Tree Lighting Ceremony.
Hours of Ooeration. The hours of operations shall be Monday
through Friday, from 8 a.m.to 5 p.m. for gardening work and/or
maintenance, with prior approval from both the Public Works
Department and the Community Services Department.
3.2.8 Maintenance obl SJCGC shall care for and
maintain gardens as specified in section 3.2 and in compliance with
the following:
3.2.8.1. SJCGC shall comply with any and all maintenance
directions provided by City.
3.2.8.2. SJCGC shall educate all volunteers and insure compliance
with any and all maintenance directions provided by City.
3.2.8.3. SJCGC will rake, remove weeds, hand water, deadhead
plants and fertilizing plant on a regular basis, as well a light
seasonal pruning in compliance with any and all
maintenance directions provided by City. Use of ladders or
power tools for gardening is prohibited without the advance
written authorization of the City.
3.2.8.4. All garden litter shall be properly disposed of in trash bins.
3.2.4
3.2.5
3.2.6
3.2.7
Page 2 of 10
3.2.8.5. SJCGC shall report any and allwatering issues to the Public
Works Department as soon as possible.
3.2.8.6. SJCGC may replace plantings as needed, provided
plantings are of the same exact species. Any changes to the
species shall be approved in writing by the City in advance of
said replacement.
3.2.8.7. Any designs for any improvements or new plantings shall be
approved in writing by the City. The City may approve or deny
the new plantings at its sole and absolute discretion.
3.2.9. Volunteers.
3.2.9.1. When volunteering, allvolunteers shall sign in and out, wear
a name identification sticker, wear closed toe shoes and wear
proper protective gloves.
3.2.9.2. Prior to performing any work at the La Sala Courtyard,
SJCGC shall insure that all volunteers sign a City approved
liability waiver. All forms shall be turned into the Director of
Community Services within three (3) days of a volunteer
event.
3.2.10. SJCGC shall provide a report of the program statistics including
number of volunteers. The report shall contain statistics for the
previous quarter and is due to the Director of Community Services
on January 1, April 1, July 1, and October 1.
3.2.11. Any requests for staff assistance related to the SJCGC
Responsibilities contained within this MOU shall be made atleast72
hours in advance. ln cases of emergency, the 72 hour request
requirement will not be enforced, but in such cases, SJCGC will
provide City with as much notice as possible.
3.2.12. SJCGC shall not solicit any donations on City Property.
3.2.13. SJCGC shall not attempt to supervise or direct the work of any City
Contractor. Any concerns regarding the actions of a City Contractor
shall be directed to City Staff.
3.2.14. Use of the City logo is prohibited unless and until SJCGC receives
written permission for each and every use of the City Logo.
Permission by the City for use for one event or specific use shall not
constitute permission for any other event or specific use.
3.2.15. SJCGC shall not pursue any certifications for La Sala Courtyard
without prior written approval by the City. No certifications shall be
accepted that will reduce or impact City approved uses.
Citv Responsibilities.
3.3.1. City will provide SJCGC with directions on how to properly maintain
La Sala Courtyard.
3.3
Page 3 of 10
3.3.2. City will insure there are trash bins to allow for the disposal of the
garden litter.
3.3.3. City shall attempt to comply with any requests for staff assistance
related to the SJCGC Responsibilities contained within this MOU.
The granting of such request is dependent upon City resources and
shall be at the sole and absolute discretion of the City.
3.3.4. City shall be responsible for repair of any water systems within the
La Sala Courtyard.
4. lndemnitv.
To the fullest extent permitted by law, SJCGC shall defend (with counsel
reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands,
causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims') in any manner
arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of SJCGC, its officials, officers, employees, subcontractors, SJCGC's or
agents in connection with the performance of the SJCGC's services, this MOU, including
without limitation the payment of all consequential damages, expert witness fees and
attorneys'fees and other related costs and expenses. SJCGC's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers.
5. lnsurance.
Time for Compliance. SJCGC shall provide evidence satisfactory to the
City that it has secured all insurance required under this Section.
SJCGC shall take out and maintain, during term of this Agreement, in
amounts not less than specified herein, Commercial General Liability
lnsurance, in a form and with insurance companies acceptable to the City.
Coverage for Commercial General Liability insurance shall be at least as
broad as lnsurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent and shall include the
following coverage:
5.3.1. Bodily lnjury and Property Damage
5.3.2. Personal lnjury/Advertising lnjury
5.3.3. Premises/Operations Liability
5.3.4. Products/Completed Operations Liability
5.3.5. Aggregate Limits that Apply per Project
5.3.6. Contractual Liability with respect to this Agreement
5.3.7. Broad Form Property Damage
5.3.8. lndependent Licensees Coverage
5.1
5.2
5.3
Page 4 of 10
5.4. The policy shall contain no endorsements or provisions limiting coverage
for (1) contractual liability; (2) cross liability exclusion for claims or suits by
one insured against another; (3) products/completed operations liability; or
(4) contain any other exclusion contrary to the Agreement.
5.5. The policy shall give City, its officials, officers, employees, agents and City
designated volunteers additional insured status using ISO endorsement
forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the
exact same coverage.
5.6. The additional insured coverage under the policy shall be "primary and non-
contributory" and will not seek contribution from the City's insurance or self-
insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
5.7. The general liability program may utilize either deductibles or provide
coverage excess of a self-insured retention, subject to written approval by
the City, and provided that such deductibles shall not apply to the City as
an additional insured.
5.8. Minimum Policy Limits Required. SJCGC shall maintain Commercial
General Liability with a limit of $1,000,000 per occurrence/$2,000,000
aggregate for bodily injury, personal injury, and property damage.
5.9. Policv Provisions Required
5.9.1. SJCGC shall provide the City at least thirty (30) days priorwritten
notice of cancellation of any policy required by this Agreement,
except that the SJCGC shall provide at least ten (10) days prior
written notice of cancellation of any such policy due to non-payment
of premium. lf any of the required coverage is cancelled or expires
during the term of this Agreement, the SJCGC shall deliver renewal
certificate(s) including the General Liability Additional lnsured
Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
5.9.2. The Commercial General Liability Policy shall contain a provision
stating that SJCGC's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City
or any named insureds shall not be called upon to contribute to any
loss.
5.9.3. The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. SJCGC shall maintain such
coverage continuously for a period of at least three years after the
termination of this Agreement. SJCGC shall purchase a one (1) year
extended reporting period A) if the retroactive date is advanced past
the effective date of this Agreement; B) if the policy is cancelled or
not renewed; or C) if the policy is replaced by another claims-made
policy with a retroactive date subsequent to the effective date of this
Agreement.
Page 5 of 10
5.10
5.9.4. All required insurance coverages, shall contain or be endorsed to
waiver of subrogation in favor of the City, its officials, officers,
employees, agents, and volunteers or shall specifically allow SJCGC
or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. SJCGC
hereby waives its own right of recovery against City.
5.9.5. The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with
respect to the limits of liability. Further the limits set forth herein shall
not be construed to relieve the SJCGC from liability in excess of such
coverage, nor shall it limit the SJCGC's indemnification obligations
to the City and shall not preclude the City from taking such other
actions available to the City under other provisions of the Agreement
or law.
Qualifyinq lnsurers
5.10.1. All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following
minimum requirements:
5.10.2. Each such policy shall be from a company or companies with a
current A.M. Best's rating of no less than A:Vll and admitted to
transact in the business of insurance in the State of California, or
othenruise allowed to place insurance through surplus line brokers
under applicable provisions of the California lnsurance Code or any
federal law.
5.11 Additional lnsu nce Provisions
5.11.1. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by SJCGC, and any approval of said
insurance by the City, is not intended to and shall not in any manner
limit or qualify the liabilities and obligations otherwise assumed by
the SJCGC pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
5.11.2.lf at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, City has the right but
not the duty to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by SJCGC or City
will withhold amounts sufficient to pay premium from SJCGC
payments. ln the alternative, City may cancel this Agreement.
5.11.3. The City may require the SJCGC to provide complete copies of all
insurance policies in effect for the duration of the Agreement.
5.11.4. Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising
under or by virtue of this Agreement
Page 6 of 10
6 Licenses. Permits. F and Assessments. SJCGC shall obtain at its sole cost
and expense all licenses, permits, and approvals that may be required by law for
the performance of the services required by this MOU. SJCGC 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
SJCGC's performance of the services required by this MOU.
7. Laws and Requlations. SJCGC shall kee p itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the services required by this MOU. SJCGC shall be liable for
all violations of such laws and regulations in connection with performance of the
services required by this MOU.
8. Use of Patented Materials. SJCGC shall assume all costs arising from the use 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 SJCGC under this MOU.
9. Termination. City and SJCGC reserve the right to terminate this MOU at any time,
with or without cause, upon ninety (90) days written notice to the other party.
10. Attornevs' Fees. lf any legal action or proceeding arising out of or relating to this
MOU is brought by either party to this MOU, the prevailing party shall be entitled
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.
11. Governinq Law and Venue. This MOU shall be governed by the laws of the State
of California. Venue shall be in Orange County.
12. 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 SJCGC of any of its 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 SJCGC 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.
13 Suoolement. Mod on and Amendment. No su pplement, modification, and/or
amendment of this MOU shall be binding unless executed in writing and signed by
both Parties.
14. Construction,ces. and Caotions
14.1. Simple Construction. lt bein g 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.
Page 7 of 10
14.2. Section Headinqs. Section headings contained in this MOU are for
convenience only and shall not have an effect in the construction or
interpretation of any provision.
14.3. References to the Citv. All references to the City shall include, but shall not
be limited to, City Council, City Manager, City Attorney, City Engineer, 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.
15. Relationship 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 SJCGC.
16. Notíces. 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 15 (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.
To Gity:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Benjamin Siegel, City Manager
16. Entire Aqreement and Severability.
SJGGG :
San Juan Capistrano Garden Club
27204 Paseo Lomita
San Juan Capistrano, CA 92675
Attn: Mozelle Sukut, President
16.1 Entire Agreement. This MOU contains the entire agreement of the parties
with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements, either written or oral, express
or implied.
16.2 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.
(Signatures on following page)
Page 8 of 10
SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY SAN JUAN CAPISTRANO AND SAN JUAN
CAPISTRANO GARDEN CLUB FOR THE LANDSCAPE AND MAINTENANCE
AT THE LA SALA ENTRANCE AND COURTYARD
ln witness thereof, the Parties here to have executed this MOU:
Gity of San Juan Gapistrano san Juan capistrano Garden crub.
A California municipal corporation
By:tBy '{
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BENJAMIN SIEGEL,
City Manager
Arresr:
Mozelle Sukut,
President
By
MARIA MORRIS,
City Clerk
Appnoveo AS To Fonvl
By:
JEFF BALLINGER,
City Attorney
Page 9 of 10
I
Exhibit A
Areas for SJCGC Care and Maintenance of
La Sala Courtyard
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(.-ity ôf 5.ìn Jr',rr¡-l
Maintained By SJC Gardgn
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Page 10 of 10
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