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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. 15-488 FEBRUARY 9, 2015 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. 15-088 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. 15-088 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. 15-088 FEBRUARY 9, 2415 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: