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14-0916 MOU Goin Native - Docent Program Reata ParkMEMORANDUM OF UNDERSTANDING FOR THE DOCENT PROGRAM AT THE REATA PARK AND EVENT CENTER GARDENS This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 16th day of September 2014, by and between the City of San Juan Capistrano, a California municipal corporation (thereinafter referred as "City"), and Goin Native Therapeutic Gardens (thereinafter referred to as "Agent"). RECITALS: WHEREAS, Agent is a nonprofit organization providing horticultural education, emotional & physical rehabilitation, and practical life skills to people of all ages, abilities and backgrounds, while promoting environmental sustainability and saving community resources; and WHEREAS, this Memorandum of Understanding establishes the duties and responsibilities of the City and Agent as it relates to the Reata Park and Event Center docent program. The City has recognized the Agent as thy, docent program administrator of the City -owned property known as the Reata Park and Event Center. The Reata Park and Event Center is an open -space, historic property which requires sensitive care and treatment; and WHEREAS, the City has accepted the Agent's offer to provide and administer a docent program at Reata Park and Event Center; NOW, THEREFORE, LET IT BE MUTUALLY RESOVED BETWEEN CITY AND AGENT AS FOLLOWS: PROJECT SITE Reata Park and Event Center, 28632 Ortega Highway, San Juan Capistrano, CA 92675. II. SERVICES TO BE RENDERED a. Agent is to provide participants to volunteer as docents. b. Agent is to provide all educational information and training to Reata Park and Event Center gardens' docents in the following areas: i Educational information of the California Native landscape. ii Historical background of the open space, plants and wildlife activities. iii Informational walking tours. 1 c. Agent is to provide free horticultural classes on a monthly schedule and/or weekly schedule as docents are available for the programs. The schedule of days and time will be determined with the Community Services Director. d. Agent is to provide support and raise public awareness about Reata Park and Event Center site through walking tours. e. Agent is to provide a flyer to be made available to visitors conveying historic information about the Reata Park and Event Center. f. Agent is to provide and maintain 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 who prepares such programs and events provided by Agent to the public for the educational programs and activities. g. Agent is to provide quarterly reports to the Community Services Director regarding the numbers of visitors that participate in walking tours and horticultural demonstration activities. h. Agent is to provide the Community Services Director notification, in writing, of scheduled activities such as walking tours, historical tours, horticultural class demonstrations, and any other special events taking place within the exterior and interior on the grounds of the site. i. Agent will work with the Community Services Department to set a specific schedule planned of activity hours of the Interpretative Garden walking tours. j. Agent will create a sign to be posted at the Interpretive Garden indicating the days and hours of docent on duty. k. The docent program will not be scheduled during City-wide events, such as: Swallows Day Parade, 4th of July Celebration, San Juan Summer Nites Concert Series, and Tree Lighting Ceremony. III. PROJECT EXPENSES a. Agent will pay all costs associated with any "events" sponsored solely by Goin Native Therapeutic Gardens, including Facility Use Fees and any other required permits. b. City shall provide the Agent no -cost rental fees for offering the following free programs: docent training, educational and horticultural classes, walking tours, historical tours, any class demonstrations, and any projects done on site in reference to the docent program. E IV. CONDITIONS OF OPERATION a. The hours of operations shall be from dawn to dusk. This is a non -lighted park site and the park closes at dusk (civil twilight). No night time use shall be permitted. b. Agent shall coordinate with the City staff and will comply with regulations and procedures established by the City for conducting projects. Agent shall keep City advised of maintenance and/or hazardous matters associated with Reata Park and Event Center gardens and surrounding areas. c. Agent shall not be compensated by the City for signature events that are fee-based. V. CONDITIONS OF THE USE a. Agent shall provide these services to the community to use during park hours. VI. INSURANCE REQUIREMENTS a. Comprehensive General Liability: Throughout the term of this agreement, Agent shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $1,000,000 property damage; ii $1,000,000 injury to one person/any one occurrence/not limited to contractual period; iii $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. iv This insurance is primary and non-contributing with any other insurance or self-insurance available to the additional insured. b. Proof of Insurance Requirements/Endorsement: Agent shall submit a certificate of liability insurance, naming the City of San Juan Capistrano as additional insured, and an additional insured endorsement to the City of San Juan Capistrano for certification that the insurance requirements of the agreement have been satisfied. c. Notice of Cancellation/Termination of Insurance: The above policy/policies shall not terminate, nor shall they be canceled, nor the coverage reduced, during the term of this agreement. Agent shall also provide the City 30 days advance written notice regarding changes to this coverage. d. Indemnity: Agent shall indemnify, defend, and hold harmless the City of San Juan Capistrano and its officers and employees against all liabilities 3 or claims of liability or loss (including reasonable attorneys' fees, related costs, and expenses) because of death, personal injury or property damage arising or resulting from the fault of negligence of Agent in its operations under this Memorandum of Understanding. e. Agent shall submit all required insurance documents to City of San Juan Capistrano in conjunction with the project that are part of this agreement. VII. MAINTENANCE a. The City shall accept responsibility for all maintenance of the Reata Park and Event Center. VIII. TERM AND TERMINATION a. The term of this Agreement shall commence on the date first above written and shall remain in effect until September 16, 2019, unless terminated earlier in writing by both City and Agent. b. This Agreement may be terminated without cause by either party with ninety (90) days prior written notice to other party. IX. NOTICES a. Written notification regarding this Memorandum of Understanding will be given as follows: To City: City of San Juan Capistrano Attn.: Cynthia Alexander, Community Services Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Agent: Goin Native Therapeutic Gardens Attn.: Karen Crocker, President P.O. Box 1326 San Juan Capistrano, CA 92693 [SIGNATURE PAGE TO FOLLOW] 4 The terms and conditions described above are agreed to: GOIN NATIVE THERAPEUTIC GARDENS UAA Lc6,_ Karen Crocker, President CITY OF SAN JUAN CAPISTRANO APPROV AT TO FORM: Hans Van Ligten, City Attorney