HomeMy WebLinkAbout5741WSU Contract #,2 y 9% 9
MEMORANDUM OF AGREEMENT
FOR BLUEBERRY PARK DEMONSTRATION GARDEN
I. INTRODUCTION
This Memorandum of Agreement ("Agreement") is entered into between Washington State University, an
institution of higher education and agency of the state of Washington ("WSU"), by and through its Kitsap
County Extension Unit ("WSU EXTENSION';'), and the City of Bremerton ("LANDOWNER"). The above
entities are individually referred to as a "PARTY" and collectively referred to as the "PARTIES".
H. PURPOSE
This Agreement sets forth the terms for the PARTIES' operation of the Blueberry Park P -Patch and
Demonstration Garden (the "DEMONSTRATION GARDEN") on property owned by LANDOWNER, as
further described in Section V herein.
III. RIGHTS AND RESPONSIBILITIES
All PARTIES agree to the rights and responsibilities set forth herein, and in Exhibit A attached hereto and
incorporated herein, which were jointly prepared by the WSU EXTENSION and LANDOWNER.
IV. MISSION
In furtherance of WSU's educational mission, the DEMONSTRATION GARDEN is intended to:
a. Demonstrate environmentally sound 'gardening techniques based on WSU research;
b. Provide leadership experience for WSU EXTENSION Master Gardener volunteers;
c. Educate the public, including youth, in science -based horticulture and related topics; and
d. Provide a focal point for public use and'enjoyment of the LANDOWNER'S Blueberry Park facility;
and
e. Provide hands-on experience for WSU Master Gardener volunteers.
V. LOCATION
The DEMONSTRATION GARDEN, located on property owned by the LANDOWNER, is approximately
2,000 square feet in size and is located at Blueberry Park, at 737 Sylvan Way Bremerton, WA (the
"PREMISES"). The PARTIES agree that the location and identification specifications for the PREMISES
are an accurate identification of the DEMONSTRATION GARDEN.
VI. DURATION AND TERMINATION
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This Agreement shall take effect when authorized representatives of all PARTIES have signed, and it shall
remain in effect for three (3) years or until otherwise terminated by either PARTY as set forth herein. Either
PARTY may terminate this Agreement without cause upon not less than thirty (30) days prior written notice
to the other PARTY. The PARTIES agree that the DEMONSTRATION GARDEN shall continue to be
operated under the terms of this Agreement so long as the following basic criteria are met:
a. The WSU Master Gardener Program and LANDOWNER promote and enact WSU
EXTENSION educational goals on the PREMISES;
b. The WSU Master Gardeners maintain the DEMONSTRATION GARDEN so that it
presents a positive public image;
c. The LANDOWNER continues to own the land; and
d. No PARTY to this. Agreement terminates it as provided above.
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VII. AMENDMENTS
This Agreement may be amended or supplemented by mutual consent of the PARTIES. Such amendments
or supplements shall not be binding unless they are in writing and signed by personnel authorized to bind
each of the PARTIES.
VIII. PROVISION OF LAND
In further consideration for the services the WSU EXTENSION will provide to manage the
DEMONSTRATION GARDEN, the LANDOWNER shall provide WSU EXTENSION the use of the
PREMISES described in Paragraph V herein for the DEMONSTRATION GARDEN at no cost to WSU.
In consideration for the use of the PREMISES, WSU EXTENSION shall organize and promote educational
use and enjoyment of the DEMONSTRATION GARDEN in the best interests of the general public, and
consistent with the LANDOWNER's and WSU's missions.
IX. PROVISION OF UTILITIES
In further consideration for the services the WSU EXTENSION will provide to manage; the
DEMONSTRATION GARDEN, the LANDOWNER shall provide and pay the cost for a sufficient,
seasonal supply of water for the DEMONSTRATION GARDEN. The water- shall use the existing
connections to the water supplies at the PREMISES. If the connection must be modified to provide
reasonably adequate service to the DEMONSTRATION GARDEN, the cost and plan for such
modifications to water lines will be the responsibility of both PARTIES under terms to be negotiated and
attached as an amendment to this MOA. The LANDOWNER shall maintain and pay the cost of public
road access to the DEMONSTRATION GARDEN and the parking lots currently surrounding it.
X. RESTROOM FACILITIES
Provision and maintenance of restroom facilities for the volunteers. visitors and others attending or working
at Blueberry Park are currently and shall continue to be provided at the public park.
XI. STRUCTURES
Plans for all new structures and for modification of existing structures on the Premises must be presented
to representatives of LANDOWNER for approval.. All PARTIES must approve the plan before
modification or construction of the structure can commence. For the purpose of this subsection, "structures"
shall include storage shed, signage and gates. The LANDOWNER will install appropriate and clearly
visible signage as mutually agreed. Permits may be required. The final decision on any structural
improvements will be made by the PARTIES in a separately negotiated amendment to this Agreement as
needed. DEMONSTRATION GARDEN shed constructed in 2016 shall be maintained by NVSU
EXTENSION Master Gardener volunteers in a manner that makes it reasonably safe for the public, visitors,
volunteers, and employees. The PARTIES jointly shall make the final determination of whether the
DEMONSTRATION GARDEN is adequately maintained.
XII. MAINTENANCE OF GARDEN
WSU EXTENSION will coordinate the maintenance of the DEMONSTRATION GARDEN by Master
Gardener volunteers in a manner acceptable to WSU and the LANDOWNER. The LANDOWNER shall
provide and pay for all routine maintenance of the PREMISES, such as mowing the turf in and around': the
DEMONSTRATION GARDEN in accordance with the LANDOWNER's ordinary and usual mowing
schedule. The PARTIES agree that if expansion of the demonstration sites by any educational group is
desired, all parties shall review and approve the proposals on a case-by-case basis. The
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DEMONSTRATION GARDEN shall at all times be maintained in a manner that makes it reasonably safe
for the public, visitors, volunteers, and employees. The PARTIES jointly shall make the final determination
of whether the DEMONSTRATION GARDEN is adequately maintained. WSU EXTENSION Master
Gardener volunteers shall not utilize or operate any LANDOWNER equipment to care and/ or maintain the
DEMONSTRATION GARDEN. '
XIII. INDEPENDENT CAPACITY,
The employees or agents of each PARTY who are engaged in the performance of this Agreement shall
continue to be the employees or agents of that PARTY and shall not be considered for any purpose to be
employees oi• agents of the other PARTY.
XIV. LIABILITY
WSU is covered by the State of Washington Self -Insurance Liability Program and the Tort Claims Act
(RCW 4.92.060 et seq.), and claims against Washington State University and its employees, officers,
agents, and registered volunteers in the good faith performance of their duties under the terms of this
Agreement will be paid from the tort claims ,liability account as provided in RCW 4.92.130. Such claims
must be filed with the Division of Risk Management for processing according to statute. The Self -Insurance
Liability Program provides coverage up to $5 million per occurrence and Statutory Workers Compensation
and Employers Liability coverage is provided by the Washington State Industrial Insurance Trust Fund.
Said policies of self-insurance shall name the City of Bremerton and their officers and,employees as an
additional insured. A certificate of insurance of said policy shall be delivered to the City of Bremerton Parks
& Recreation Director or his designee as soon as practical after the execution of this Agreement, If the
coverage runs out, or is cancelled, this Agreement is therewith cancelled.
XV. HOLD HARMLESS
Each PARTY to this Agreement shall. -be responsible for its own negligent acts and/or omissions and those
of its officers, employees, agents, grid registered volunteers in the good faith performance of this
Agreement. No PARTY to this Agreement shall be responsible for the acts and omissions of those entities
or individuals not a pafty'to this Agreement.
XVI. INDEMNIFICATION
WSU shall indemnify and hold harmless the LANDOWNER, its officers, officials, employees and
volunteers from and against any,and all claims, suits, actions, or liabilities for injury or death of any person,
or for loss or damage to property but onlyIwwit h respect to damage caused by or resulting from the negligence
of WSU, arising out of the use of the PREMISES, except injury or damage resulting from the negligence
of the City.
XVII. DISPUTE RESOLUTION
In the event that a dispute arises under this Agreement that the parties cannot resolve, they shall
allow the dispute to be decided by a Dispute Panel in the following manner: each PARTY to this
Agreement shall appoint one member to the Dispute Panel, and the members so appointed shall
jointly appoint a third member to the Dispute Panel. The Dispute Panel shall review the facts,
contract terms and applicable statutes and rules and make a determination of the dispute. The
determination of the Dispute Panel shall be final and binding on the parties hereto. The parties
shall equally share the costs, if any, for the services of the Dispute Panel.
XVII. RECORDS MAINTENANCE
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The PARTIES to this Agreement shall each maintain books, records, documents, and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by any PARTY in the performance
of the services described herein. These records shall be subject to inspection, review, or audit by personnel
of all PARTIES, other personnel duly authorized by any of the PARTIES, the Office of the State Auditor,
and federal officials so authorized by law. All records relevant to this Agreement shall be retained for six
(6) years after expiration and all PARTIES mentioned above shall have full access and the right to examine
any of these materials during this period.
XVIII. COMPLIANCE WITH LAWS
All PARTIES shall comply with all federal, state and local laws, rules, and regulations in carrying out this
Agreement. All PARTIES agree that there will be no discrimination in the performance of this Agreement
on the basis of race, religion, creed, color, national origin, families with children, sex, marital status, sexual
orientation (including gender identity), age, genetic history, honorably discharged veteran or military status,
the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service
animal by a person with a disability.
XIX. AGREEMENT APPROVAL
Each PARTY represents and warrants that all necessary approvals for this Agreement have been obtained
and the persons whose signatures appear below have the authority necessary to execute this Agreement on
behalf of the PARTIES indicated.
WASHINGTON STATE UNIVERSITY LANDOWNER
RECOMMENDED BY:
Dean, College of Agricu-&ral, Human,
and Natural Resource Sciences
Mer ana harless
Date: Z
Director, WSU Krtsap Extension
APPROVED BY:
/Zr/77'� ---"
man we
Date: 3 -/(. -/ �-
Contracts Manager, Finance & Admin.
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02A.--e?,0- A., /
Patty Lent
Date: a A zj _. / 7
Mayor, City of Bremerton
ATT T:
Shannon�jorin
Date: �o'xc� • �7
City Clerk
APPROVED AS TO FORM:
Roger Lubo rc
Date: S - 2 --; 1 -7 -
City Attorney
EXHIBIT A
1. Responsibilities of WSU EXTENSION:
➢ Manage and coordinate gardening activities at the Blueberry Park Demonstration Garden:
• Meet regularly with City staff representatives;
• Provide annual year-end reports on demonstration garden activities;
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• Provide programs for community groups and the public on gardening;
• Provide program/class schedule information for the Parks & Recreation brochure,
Information Kiosks and park shelter reservations;
• Manage the Blueberry Park kiosk, keeping information updated as needed.
• Use and assist with maintenance of compost bins located inside p patch;
• Use and assist with maintenance of pollinator garden located inside p patch;
• Provide tools and supplies to maintain the demonstration garden and to offer classes for
the general public.
2. Responsibilities/Services of City of Bremerton:
• Facilitate yard waste recycling through Waste Management;
• Include demonstration garden information provided in the Parks & Recreation brochure;
• Provide access to and reservations for park shelter for program/classes at no
charge when available.
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