Loading...
HomeMy WebLinkAbout09-18-2012 c4 acceptance of rotary donationcounci ll agcnOa nepont C I T Y O F S A N L U I S O B I S P O FROM : Shelly Stanwyck, Director of Parks and Recreation Prepared By :Ashley Villarreal, Administrative Analys t SUBJECT :ACCEPTANCE OF ROTARY DONATIO N RECOMMENDATION As recommended by the Parks and Recreation Commission (PRC) accept the donation of exercis e equipment for installation at Laguna Lake Nature Park donated by the San Luis Obispo Rotary Club s and authorize the Mayor to execute a Donation Agreement with Rotary . DISCUSSION Backgroun d Over the years, the City of San Luis Obispo's Parks and Recreation facilities have been the fortunat e beneficiaries of the local community's Rotary Clubs' generosity . Previous donations include the Rotary Community Gardens at Meadow Park and the Bandstand at Mitchell Park among numerous others . Thanks to Rotary the community enjoys enhanced facilities that meet the recreational needs of it s citizens . Recently, City staff was approached by Deborah Linden, President of the Rotary Club of San Lui s Obispo . She has proposed a significant donation for new exercise equipment at Laguna Lake Natur e Park that would represent collaboration amongst four local Rotary Clubs : Rotary Club of San Lui s Obispo, Rotary Club of San Luis Obispo Daybreak, Rotary Club of San Luis Obispo de Tolosa, and Sa n Luis Obispo Rotaract Club collectively referred to as "Rotary ." Existing Conditions - Many years ago, in honor of Doctor Paul Spangler - a local exercise enthusiast and advocate fo r wellness - par course equipment (adult exercise equipment) was installed at Laguna Lake Nature Park . The equipment was made predominately from wood and over time it has weathered, aged, and in man y instances deteriorated beyond repair. The pieces that remain continue to be very popular and provide a n exercise opportunity for the casual park user, as well as the economically disadvantaged park user wh o cannot afford a gym membership . The Proposed Donatio n Rotary proposes to donate and install 10 pieces of adult exercise equipment at the City of San Lui s Obispo Laguna Lake Park and Nature Preserve . The Rotarians have worked with local fitness expert , Julian Varela, as well as City staff from Public Works and Parks and Recreation, to identify the bes t location for the equipment within the Park . Attached is a proposed map with "x" marking where th e equipment would be sited (Attachment 1). A loop has been created that will take users on an experienc e starting across from the Play Equipment at the Park along the Lake, up the existing path adjacent t o Madonna Road, along the entrance to the Park and back along an existing and well utilized pathway . The equipment includes the following activities : chin-ups, balance beam, jump n'touch, push-ups, sit - ups, step-ups, leg lifts, Achilles stretch and isometric squats, and parallel bars . Meeting Date 9-18-201 2 Item Number C 4 • C4-1 Rotary Donation Page 2 •Parks and Recreation Commission Review and Findings At its meeting of August 15, 2012, the PRC reviewed this donation concept for consistency with th e Laguna Lake Park Master Plan and within the context of the City's donation policy . The City Counci l first adopted the Laguna Lake Master Plan in 1993 . Minor amendments were made in 1998 and 2005 . On Page 5 of the Plan, under Paths it states,"exercise stations shall be supplied at intervals o n designated path loops".In its review of the proposed project the PRC found that Rotary's donation i s consistent with this policy . PRC Recommendatio n Per the City's Donation Policy, all donations exceeding $5,000 in value must be accepted through a written agreement and approved by City Council (see Attachment 2 for Donation Policy). The proposed donation is consistent with City goals and objectives and will enhance the recreational experience o f residents and visitors . The proposed donation is valued at over $15,000 in equipment and donated labor . The PRC is recommending Council accept this donation . Donation Agreemen t In partnership with Rotary, staff has drafted and included a proposed donation agreement to memorializ e the terms of this donation (Attachment 3). Next Steps and Recognitio n Upon acceptance by Council, staff will coordinate with Rotary to shepherd the project through it s permits and help facilitate the installation of the equipment . Staff will coordinate the appropriate ribbo n cutting and recognition ceremony for the Rotarians as well as members of the PRC and Council . Th e community will be invited to attend and celebrate the completion of this health and wellness project i n spring 2013 . FISCAL IMPAC T The donation value of the equipment, including materials and labor, is $15,000 . There will be som e costs associated with properly signing the facility to reflect the new equipment . With this need for new signage, staff would seek to install appropriate maps of the Laguna Lake Nature Park, recognition fo r Dr. Paul Spangler, and recognition of Rotary in a park kiosk . The fiscal impact will be minimal and wil l be absorbed within the Parks and Recreation Department's operating budget . ALTERNATIV E Decline the donation .As the donation is consistent with the Laguna Lake Master Plan uses for Lagun a Lake Nature Park, and as Rotary has a tremendous local history of beneficial donations such as this , declining the donation is not recommended . ATTACHMENT S 1.Proposed Equipment Location Map 2.City's Donation Polic y 3.Proposed Donation Agreement • atlon (Stanwyck-UllarrealaRotary Par Course Donation Car.Docx C4-2 ev .6 ,r..a~c rarx - uoogle Map s Got.St?jcv ige1of 1 To see all the detaas that are visible on the screen, use he Print link next to the map . • Laguna Lake Par k Public 0 veer sCreated on Jut 11. i sy Utntawd •1 limos use Laguna Lake Par k https ://maps . google .com/maps?hl =en 7 /1 1 /ln) Attachment 2 Section 76 0 DONATION POLICY RESOLUTION NO .8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O ADOPTING A CITY DONATION ACCEPTANCE POLIC Y WHEREAS, individuals, community groups, and businesses may wish to mak e donations to the City in either cash or in-kind contributions that enhance projects, facilities, an d programs ; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability t o fund all such needed projects;and WHEREAS,it is an acceptable and appropriate practice to accept donations, in order t o enhance City programs and/or facilities to provide a higher level of service to the public . NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations : 1_ The donation must have a purpose consistent with City goals and objectives 2, The City may decline any donation without comment or cause . 3.The donation will not be in conflict with any provision of the law . 4.The donation will be aesthetically acceptable to the City . 5.The donation will not add to the City's workload unless it provides a net benefit to th e City . 6.The donation will not bring hidden costs such as starting a program the City would b e unwilling to find when the donation was exhausted . 7.The donation places no restriction on the City, unless agreed to by the City Council. 8.The donation shall become property of the City . 9.All donations will receive recognition appropriate to the level and nature of the donatio n as determined by the City . For those of a capital nature, that may be in the form o f signage, marking, or naming . Any naming of Parks and Recreation facilities shall b e consistent with City policy on the naming of such facilities as set forth in Resolutio n 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community . The appearance o f traditional commercial advertising shall be avoided . 10.Donations exceeding $5,000 shall be accepted through a written agreement consisten t with these guidelines and approved by the City Council . In-kind capital donations will b e subject to normal City review, permitting, inspection, and insurance requirements . Upon motion of Council Member Marx seconded by Council Member Ewan, and on the • • 745-1 C4-4 Donation Polic y • Resolution No . 8965 (1999 Series ) Page 2 following roll call vote : AYES : Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayo r Settle NOES : None ABSENT :None The foregoing resolution was adopted this 7th day of September, 1999 . Mayor Allen Settl e • APPROVED AS TO FORM : Attachment 3 city of san Luis osispo DONATION AGREEMEN T THIS AGREEMENT, is made and effective on this day of SEPTEMBER, 2012, by and between the City of Sa n Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the City) and th e following Rotary Clubs of San Luis Obispo : Rotary Clubs : Rotary Club of San Luis Obispo, Rotary Club of San Luis Obisp o Daybreak, Rotary Club of San Luis Obispo de Tolosa, and San Luis Obispo Rotaract Club , WITNESSETH WHEREAS, The City desires to improve upon the outdated exercise equipment used by adults at Laguna Lake Natur e Park. WHEREAS Donor desires to provide a community wide park improvement to benefit the health and welfare of all Sa n Luis Obispo residents at Laguna Lake Nature Park . WHEREAS, Donor has worked in a collective fashion amongst five different local Rotary clubs to raise the $15,00 0 necessary to replace and improve the existing adult exercise equipment at Laguna Lake Nature Park . WHEREAS, Donor will provide all labor and materials necessary to complete this donation . WHEREAS, Acceptance of this donation is consistent with City policy regarding donations as set forth in Resolution No . 8965 (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants herein, the parties hereby agree as follows : 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered into unti l acceptance of completion of the donation project by the City. 2.DONOR'S OBLIGATIONS .The Donor shall perform as follows : a.Submit the necessary plans and specifications to the City's building division and receive the required approval s and permits for the installation of this donation . b.Provide and furnish all of the labor, materials, necessary tools, equipment, proof of insurance and volunteer waivers, and all utility and transportation services required to complete all the work of construction of the ROTARY LAGUNA LAKE NATURE PARK FITNESS TRAIL . c.Agree that the labor, materials, tools, equipment, and services shall be furnished and said work performed an d completed under the direction and supervision and subject to the approval of the Owner or its authorize d representatives . d.That if the Donor fails to complete the work, the Owner may complete the work and bill the Donor for the direc t costs . e.That should any dispute arise respecting the true value of any work omitted, or of any extra work which the Dono r may be required to do, during the performance of this work, said dispute shall be decided by the Owner and it s decision shall be final, and conclusive . • • C4-6 Attachment 3 3 . CITY'S OBLIGATIONS The City shall perform as follows : • a . Coordinate and provide oversight to the project to ensure that the project conforms to the approved plans an d specifications . b.Assist donor in shepherding the project through the City review and approval process . c.Assist in equipment siting . d.Inspect the completed work for compliance with City standards . e.Maintain the facility once the work has been completed . f.Serve as the permit holder for the facility . 4 . ACKNOWLEDGEMENT : The Donor shall be recognized in the following manner : An approved plaque, incorporated into standard matching signage to the proposed fitness trail equipment, placed on the facilit y by the Donor, with language and at a location approved by the City . 5 . COMPLETE AGREEMENT . This written Agreement, including all writings specifically incorporated herein by reference shall constitute the complete agreement between the parties hereto . No oral agreement, understanding, o r representation not reduced to writing and specifically incorporated herein by reference shall be of any force or effect nor shal l any such oral agreement, understanding, or representation be binding up on the parties hereto . • 6. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager . 7.NOTICE . All written notices to the parties hereto shall be sent by United States mail, postage prepaid addressed a s follows : CITY Parks and Recreation Directo r City of San Luis Obisp o 1341 Nipomo Stree t San Luis Obispo, CA 9340 1 DONOR Rotary President Rotary Club of San Luis Obisp o P .O. Box 83 3 San Luis Obispo, CA 9340 6 8.AUTHORITY TO EXECUTE . Both City and Donor do covenant that each individual executing this agreement o n behalf of each party is a person duly authorized and empowered to execute Agreements for such party . \\\ \\ • IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above Attachment 3 written . CITY OF SAN LUIS OBISPO , A Municipal Corporation Jan Howell Marx, Mayo r APPROVED AS TO FORM :DONOR : Christine Dietrick Deborah Linden, Presiden t City Attorney Rotary Club of San Luis Obisp o Annie Shanks, Presiden t Rotary Club of San Luis Obispo Daybrea k Carl Dudley, President Rotary Club of San Luis Obispo de Tolos a Erik Wright, Presiden t San Luis Obispo Rotaract Club • • C4-8 • • • Attachment 3 INSURANCE REQUIREMENTS : CONSTRUCTIO N The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons o r damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor , its agents, representatives, employees, or sub-contractor . Minimum Scope of Insurance . Coverage shall be at least as broad as : 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, code 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance . Minimum Limits of Insurance . Contractor shall maintain limits no less than : 1.General Liability : $1,000,000 per occurrence for bodily injury, personal injury and property damage . If Commercia l General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall appl y separately to this project/location or the general aggregate limit shall be twice the required occurrence limit . 2.Automobile Liability : $1,000,000 per accident for bodily injury and property damage . 3.Employer's Liability : $1,000,000 per accident for bodily injury or disease . Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City . At the option of the City, either : the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials , employees and volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses . Other Insurance Provisions . The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions : 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects : liability arising out of activities performed by or on behalf of the Contractor ; products and completed operations of th e Contractor; premises owned, occupied or used by the Contractor ; or automobiles owned, leased, hired or borrowed b y the Contractor . The coverage shall contain no special limitations on the scope of protection afforded to the City, it s officers, officials, employees, agents or volunteers . 2.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects th e City, its officers, officials, employees, agents and volunteers . Any insurance or self-insurance maintained by the City, it s officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribut e with it. 3.Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers . 4.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, excep t with respect to the limits of the insurer's liability . 5.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided , canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certifie d mail, return receipt requested, has been given to the City . 6.Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any cas e where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of th e Civil Code. Acceptability of Insurers . Insurance is to be placed with insurers with a current A .M . Best's rating of no less than A : VII . Verification of Coverage . Contractor shall furnish the City with a certificate of insurance showing required insurance coverage . Original endorsement s effecting general liability and automobile liability coverage required by this clause must also be provided . The endorsement s are to be signed by a person authorized by that insurer to bind coverage on its behalf . All endorsements are to be receive d and approved by the City before work commences . Subcontractors . Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsement s for each subcontractor . All coverages for subcontractors shall be subject to all of the requirements stated herein . Page intentionally left 0 blank .