15-0203_SAN JUAN CAPISTRANO GARDEN CLUB_Memorandum of UnderstandingThis MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this Td
day of February 2015, by and between the City of San Juan Capistrano, a California
municipal corporation (thereinafter referred as "City"), and San Juan Capistrano
Garden Club (thereinafter referred to as "Agent").
RECITALS:
WHEREAS, Agent is a San Juan Capistrano garden club providing volunteer
members to develop a design pian and to enhance and maintain the landscape of the
La Sala Courtyard and entrance, saving community resources; and
WHEREAS, this Memorandum of Understanding establishes the duties and
responsibilities of the City and Agent as it relates to the landscape of the La Sala
Courtyard and entrance. The City has recognized the Agent as administrator
enhancing the landscape of the City -owned property known as the La Sala Courtyard
and entrance. The La Sala Courtyard and entrance 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
landscape and maintenance at the La Sala Courtyard and entrance,
NOW, THEREFORE, LET IT BE MUTUALLY RESOVED BETWEEN CITY AND
AGENT AS FOLLOWS:
PROJECT SITE
La Sala Courtyard and entrance, 31495 El Camino Real, San Juan
Capistrano, CA 92675.
ll. SERVICES TO BE RENDERED
a. Agent is to provide volunteer gardeners to design the landscape, and
provide plant palettes and artist rendered photos/drawings for design
approval to the Community Services Department and Public Works
Department.
b. Agent is to provide volunteer gardeners to maintain areas of the
restoration project on a weekly basis to sustain plant viability and pruning;
as well as reporting water issues to Public Works on an as -needed basis.
c. Agent is to provide a project coordinator to oversee all design, landscape
enhancements and maintenance to the La Sala Courtyard and entrance.
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d. Agent will coordinate information with City staff on landscape
enhancement design for the La Sala Courtyard and entrance.
e. Agent 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 and entrance.
f. Agent 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 who prepares such
garden design and implementation provided by Agent to the public for
the Beautification program and activities.
g. Agent will manage all donations for the restoration of the La Sala
Courtyard and entrance project.
h. Agent is to provide quarterly reports to the Community Services Director
regarding the status of the landscape and maintenance of the La Sala
Courtyard and entrance.
i. Agent 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.
J. Agent will not schedule work during any event venues authorized by the
Community Services Department.
k. Agent 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.
Ill. PROJECT EXPENSES
a. Agent will pay all costs associated with any "events" sponsored solely by
San Juan Capistrano Garden Club, including Facility Use Fees.
IV. CONDITIONS OF OPERATION
a. 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.
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 of hazardous matters
associated with La Sala Courtyard, entrance and surrounding areas.
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V. CONDITIONS OF THE USE
a. The City shall accept responsibility for all landscape/maintenance of the
La Sala Courtyard and entrance.
VI. TERM AND TERMINATION
a. The term of this Agreement shall commence on the date first above
written and shall remain in effect until February 3, 2020, 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.
VII. 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: San Juan Capistrano Garden Club
Attn.: Roz Morrissey, President
27204 Paseo Lomita
San Juan Capistrano, CA 92675
[SIGNATURE PAGE TO FOLLOW]
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The terms and conditions described above are agreed to:
SAN JUAN CAPISTRANO GARDEN CLUB
Roz rissey, resident
Derek Reeve, Mayor
Hans Van Ligt n it ttorney
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