HomeMy WebLinkAbout2015-02-09 15-088 ORDERCOUNCIL ACTION
Item No. 15-088
Date: 2-2-15
Item/Subject: Authorizing the City Manager to Execute a Memorandum of
Understanding for the Bangor Community Garden Project — Essex
Street.
Responsible Department: Parks and Recreation
Commentary: This Order will authorize the City Manager to Execute a Memorandum of
Understanding for the Community Garden on Essex Street. The Parks and Recreation
Department has been working with organizations and a group of individuals who have been
managing the Bangor Community Garden. Among those individuals are representatives from
National Able as well as the University of Maine Cooperative Extension. The Community Garden
is located on the former Naval Reserve property on Essex Street. This will allow the Parks and
Recreation Department to continue to work with the groups as described in a Memorandum of
Understanding as well as continue to assess and accept rental fees. This has been reviewed and
recommended for approval by the Government Operations Committee at their meeting on
February 4, 2015.
Manager's Comments:
Associated Information: Order, MOU, Background Memo
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Tracy Willette
Department Head
out (-),, (ML
City Manager
Page _ of _
Finance Director
Assigned to Councilor Civiello
CITY OF BANGOR
15-088
FEBRUARY 9, 2015
(TITLE.) ORDER, Authorizing the City Manager to Execute a Memorandum of Understanding for the
Bangor Community Garden Project — Essex Street
BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE IT ORDERED, THAT:
1. The City Manager is authorized to execute a Memorandum of Understanding in conjunction
with the National ABLE Network and University of Maine Cooperative Extension to allow the
Partes and Recreation Department to continue with the Bangor Community Garden Project
on Essex Street; and
2. If necessary, fundraising efforts to assist with the costs of the garden are hereby
authorized, and the Finance Director is hereby authorized to accept such donations; and
3. The Parks and Recreation Director or his designee is authorized to work with those
volunteers/individuals involved with the management of the garden including incidental use
of Department funds, materials, supplies, and City equipment; and
4. The Finance Director shall establish such procedures as she deems necessary to insure that
any donated funds, goods, or services that are eligible for a tax deduction are
appropriately received and accounted for and are used specifically for the purpose
intended by the donors.
IN CITY COUNCIL
FEBRUARY 9, 2015
PASSED
CITY C
1.5-088
FEBRUARY 9; 2015
MEMORANDUM OF UNDERSTANDING
BANGOR COMMUNITY GARDEN PROJECT
ARTICLE I PARTIES TO THE MEMORANDUM
1. National ABLE Network, Maine Office, Bangor, Maine (hereinafter referred to as ABLE)
2. City of Bangor, Maine (hereinafter referred to as the "City")
3. University of Maine Cooperative Extension, Bangor, Maine (hereinafter referred to as
Cooperative Extension)
Any references to "Parties" contained herein refer to these parties collectively.
ARTICLE II Reasons for the Memorandum
This memorandum clarifies the purpose of a community garden to be assembled and located
at a site known as the "Former Naval Reserve Property" located on Essex Street in Bangor,
Maine and sets forth the respective roles and responsibilities of the collaborating parties.
ARTICLE III Location of the Community Garden
The community garden will be located on a parcel of City owned property identified on City Tax
maps as lot 63 on sheet 46. It is more commonly referred to as the "Former Naval Reserve
Property" on Essex Street. It is understood by all parties to this memorandum that this parcel
has been identified as a potential site for future development and may be sold by the City for
such purposes. In the event the City enters into a purchase and sale agreement for the above
parcel, all parties to this memorandum will work cooperatively to attempt to identify an
alternate location for the community garden.
ARTICLE IV Purpose of the Community Garden
The parties agree that the community garden is for use by the Citizens of Bangor for the
following purposes:
Provide educational programs regarding effective gardening techniques; sustainable
gardening, and other educational purposes as the Parties may identify. The Parties
agree that the area indentified (Exhibit or site plan) is designated for educational and
workforce development purposes. So long as National ABLE and/or UCME are parties
to this MOU, they shall have priority in using this area to further educational training and
workforce development needs over any other potential uses for the designated area.
2. Provide gardening opportunities for local citizens.
3. Provide a gardening opportunity as described through a set of criteria and guidelines set
forth by a committee established by the Parties to this memorandum and further
described in this memorandum.
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ARTICLE V Bangor Community Garden Committee
The Bangor Community Garden ("BCG") project shall constitute an Organizing Committee
formed to provide the design, planning, development, fundraising, and to oversee new
construction and maintenance of the area. BCG shall also have an Executive Committee
which will have the ability to make routine or time -sensitive decisions on behalf of BCG. All
decisions of either committee are subject to a majority vote at any meeting attended by a
quorum of Committee members although the EC retains veto power.
1. Organizing Committee (OC) shall consist of any individuals attending BCG meetings
which are open to the community at large. Anyone with interest in the BCG may attend
meetings and vote on questions brought to the meeting.
a. Leadership within the OC shall consist of members of the OC interested and
willing to take on the responsibilities of the following positions: Garden
Coordinator, Grounds Manager, Fundraising Coordinator/Community Outreach
Officer, and City Liaison. Duties of these positions are described in Appendix 1.
2. Executive Committee (EC): The City, ABLE, UMCE, and the Organizing Committee
shall each appoint a representative to serve on the EC. Each nominating party may
replace its own appointed committee members at any time at its own discretion.
ARTICLE VI Future construction and implementation.
The Bangor Community Garden Committee shall oversee the future construction phases with
individual duties being determined within the committee through a process administered as
described in Article V. Individual roles over and above that process are as follows:
1 ABLE shall:
a. Be a co -applicant with the City and Cooperative Extension in state, federal or
other applications for grant opportunities.
b. Provide staffing as needed and as available through their activities and programs
at the Community Garden for the purpose of "day to day" management of the
garden and assist with programming. ABLE may seek funding opportunities with
respect to that area of the BCG reserved for educational purposes or workforce
development efforts which it shall coordinate through the EC. ABLE may also
support efforts by the BCG to seek other funding opportunities.
c. For all components in which the City of Bangor and UMCE are involved,
acknowledge the City of Bangor and UMCE (with prior approval) in printed, web,
and audio/visual materials, publicity, evaluation and reporting.
2 The City shall:
a. Authorize the construction of the Community Garden on its land, subject to the
conditions described in Article III.
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FEBRUARY 9, 2015
b. Be a co -applicant with ABLE and Cooperative Extension in state, federal, or
other applications for grant opportunities.
c. Be the fiscal agent for the community garden until such time that the Bangor
Community Garden committee has determined that an alternate agent can be
established, pursuant to all applicable state and federal guidelines for the
establishment of a non-profit entity.
d. Provide other assistance as needed and available that supports this effort.
e. Provide insurance certificates for the other Parties to this MOU.
Indemnify, defend, and hold harmless ABLE and UMCE, their governing boards,
officers, and employees, agents, volunteers and contractors, and each and all
thereof, of and from any and all manner of actions, suits, fines, damages,
attorney fees, and claims of whatsoever kind or nature, arising out of or in
connection with the ownership, operation, use or condition of the "Former Naval
Reserve Property, " including but not limited to, actions, suits, fines, damages,
attorney fees, and claims related to conditions or substances on, in or under the
soil at that location.
g. Make a available ( for a reasonable fee) the following resources: irrigation water,
electricity, the McGruff shed,�and bathroom facilities as requested by the EC.
The Committee shall decide how the fees will be paid if they are not paid directly
through dues.
h. Provide ongoing repair or maintenance on gate, mowing of public areas at the
site, and trim unsafe or overcrowding limbs on trees.
i. For all components in which UMCE and ABLE are involved, acknowledge UMCE
and ABLE in printed, web, and audio/visual materials, publicity, evaluation and
reporting. Extension must have prior approval authority over the publicity
materials using the University's name.
3 Cooperative Extension shall:
a. Provide assistance and guidance as needed.
b. Host at least one free educational program at the garden per year.
c. Assist others in developing educational programs at the garden.
d. Share program impact assessment with the City and ABLE.
e. Advertise programming and announcements in UMCE newsletters and other
outlets.
f. For all components in which the City of Bangor and ABLE are involved,
acknowledge the City of Bangor and ABLE in printed, web, and audio/visual
materials, publicity, evaluation and reporting.
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FEBRUARY 9, 2015
g. Be a co -applicant with the City and ABLE in state, federal and other applications
for grant opportunities.
ARTICLE VII Modifications of the memorandum
This memorandum may be modified by the unanimous consent of the parties.
ARTICLE VIII Endorsement
On behalf of the parties to this Memorandum of Understanding, we the undersigned indicate
our agreement with the provisions of the memorandum.
ARTICLE IX Termination
Any party to this Memorandum of Understanding may withdraw from this Memorandum and
terminate its responsibilities hereunder at any time upon providing 90 days written notice to the
other parties. In addition, the following shall constitute terminating events.
1. That any party hereto violates this Agreement and fails to cure said breach within
thirty (30) days; or
2. Upon notification by the City of Bangor that the parcel will cease to be available for
gardening and no alternative location is identified.
ARTICLE x General Provisions
Nondiscrimination: The parties shall not discriminate on the grounds of race, color, religion,
sex, sexual orientation, including transgender status and gender expression, national origin,
citizenship status, age, disability, genetic information or veterans status. The City shall ensure
that the community garden site and facilities are physically accessible to individuals with
disabilities.
Agreement Validity: In the event one or more clauses of this agreement are declared invalid,
void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this
agreement.
Independent Entities: The three Parties to this agreement are independent entities, not
partners, agents or joint venturers, of each other and not party shall hold itself out contrary to
these terms by advertising or otherwise, nor shall any party be bound by any representation,
act or omission whatsoever of any other party.
Entire Agreement: This MOU sets forth the entire agreement between the parties on the
subject matter hereof and replaces and supersedes all prior agreements between the parties
on the subject, whether oral or written, express or implied.
Waiver: The failure of a party to exercise any of its rights under this agreement for a breach
thereof shall not be deemed to be a waiver of such rights, and no waiver by a party, whether
written or oral, express or implied, of any rights under or arising from this agreement shall be
binding or any subsequent occasion; and no concession by a party shall be treated as an
implied modification of the agreement unless specifically agreed in writing.
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Binding Effect: This MOU shall be a binding agreement upon, and shall extend to the benefit
of, the parties hereto and their permitted successors and assigns.
City of Bangor
Catherine Conlow, City Manager
Date:
University of Maine
Printed Name:
Date:
National ABLE
Daniel Muth, Director
Date: