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HomeMy WebLinkAboutOn Ramps Covenant Church License Agmt regarding Dickey PlaygroundLICENSE AGREEMENT k REGARDING Dickey Playground V This License Agreement ('Agreement) is entered into this qday of 1a�.v..h-✓ 2011 by and behveen the CITY OF FRESNO, CALIFORNIA, a municipal corporation, through be Paris, After -School. Recreation and Community Service (FARCE) Department ('Cly'), and On Ramps Covenant Church ("On Ramps'), a California nonprof9 corporation. WRNESS WHEREAS, On Ramps operates community events and clean ups at Dickey Playground located at 50 N. Calaveras SL Fresno, Caldomia 93721-1107; and WHEREAS, the City owns and operates Dickey Playground (the'ParKl, and depicted on Exhibit W hereto; and WHEREAS. On Ramps desires to use the Park for community events and clean ups throughout the year, from July 1 to June 30 of each fiscal year of this Agreement; and WHEREAS, me CM wishes to grant On Ramps permission to use the Perk In exchange for cedaln maintenance and improvements to me Park; and NOW, THEREFORE, in consideration of The above. recitals, which facials are contractual in nature, the mutual covenants herein contained and such other and further consideration as Is hereby ackncreedged, the parties agree as follows. 1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS Chy Representative: Shaun Schaefer, Community Recreation Supervisor II Parks, After -School, Recreation and Community Services Dickey Youth Deveopment Center 1515 E. Oi midero St. Fresno, CA 93721-1115 Tel: (559) 621-2900 On Ramps Representathe- Phil Skel, Pastor On Ramps Covenant Church 073 N. Celevems St. Fresno, CA 93701 Tel: (559)930-5931 2. ROLES, CONTRIBUTIONS AND RESPONSIBILITIES A. The City will: Reserve the softball field for On Ramps once a month during the term of this Agreement, when requested and subject to availability. The City of Fresno PARCS Department will coordinate thin On Ramps with all other groups cashing 0 use the Helps, but those other groups wishing to use the field must contact the PARCS Department to ensure that there are no On Ramps functions scheduled during that time that another group wishes to use the feta. On Ramps will work will all groups wishing to use the field so that mutually available times can be scheduled for use by other groups when On Ramps is not using the field. Allow On Ramps to have the right to operate information booths and bounce houses. In accordance with CM standards and permit requirements, Provide janitorial and restroom materials, buiking keys, trash bags and fresh cans. Landscaped Maintenance will continue to mow the Dickey Playground grass areas and deal with sprinkler maintenance issues as they ansa. Thain and indoctrinate On Ramps in the City of Fresno Adopt -A -Pak Program. Monitor the park adoption of Dickey Playground by On Ramps and make sure that all outlined commitments are being met B. On Ramps will Pay the City of Fresno PARCS Deparbnent $1,00 per year, cash, by June 159°1 each year forthe annual field resermhon fse, which will con from July 1 the June W. Formally partldpate in the City of Fresco Adopt -A -Park Program. On Ramps will adopt Dickey Playground for a minimum of 12.5 hours a month (150 hours annually). Per 150 annual hours of pairs adoption represents a value of $1,500 park maintenance resources. Abide by the Adopt -A -Perk responsibilities and duties, waiver agreements and recording of volunteer information to PARCS Staff. On Ramps will provide the landscaping at Dickey Playground, Including edging, weeding, low limb pruning, graft removal, treah pickup and reporting of additional Dickey Playground maintenance Issues to PARCS Sten landsceping will be done at least on a bi-weekly basis. On Ramps will perform minor repairs to bell field back stops, dugouts and sports courts. Maintain the softball field playing area and remainder of the park in a clean and fresh free manner. On Ramps will clean, stock and maintain the restnoms as needed and dump garbage when needed on clean up days. 3. TERM AND EFFECTI ENESS This Agreement shall be effective upon its complete execution by the partiesauthorized agents and shall run for an initial term commencing on the effective data and sentineling on June 30, 2012. Therapies, this Agreement shall automatically renew each fiscal year (Jury 1 le June 30), unless either party temninates the agreement upon thirty (30) days "Hen notice to the other prior to the end of the fiscal year. This Agreement may be terminated at the election of either party at anytime upon sixty (50) days wartan notice to the other. Upon any such small all rights and obligations of each path under this Agreement shall cease as of the date of termination, except for those stain obligations that shall suri termination as set forth herein. 4. DEFAULT. TERMINATION Should On Ramps default in Me performanaa of any of Me here and con fibro s; of this Agreement and fall W commence a cure thereof within thirty (30) business days after On Ramps has been served with written notice of such default, Me City may terminate this Agreement. NOMAthsbrWing Me foregoing, if the breach by On Ramps or any of its officers, directors. employees or agents is suer that It threatens the hakill welfare, or safety of any Maker m property, then Me City may, In its discretion, require Mat such breach be cured in less Man thirty (30) business days or immediately. City shall be In default under Me Agreement If City fails to partmm or fulfill any term, covenant or condition contained in Me Agreement and City fails to commence a cure thereof within dirty (30) business days after Me City has been served! with whtaen notice of such default Nodding Luskin shall be construed as excusing either parry from diligently commencing and pursuing a cure within a lesser time if reasonably possible. Upon any such termination, all rights and obligations of each party under this Agreement shall cease as of Me date d termination, except for those specific obligations Met shall survive termination as set font herein. In addition to Me right to terminate this Agreement upon On Ramps default, the City shall have me right to terminate pan or all of the Agreement If the facilities that are Me Subject of Mrs Agreement are required for public necessity or emergency use. 5. NON-EXCLUSIVE USE On Ramps acknowledges that the softball field Is one component in Dickey Playground a public park owned and operated by Me City, The City shall have the right to use or permit Me use of any portion of the park to any person, firm or other entity regardless of bra nature of Me use of such other space, in accordance with the forms of this Agreement. On Ramps agrees to take reasonable efforts to minimize any disturbance m the operation and/or other uses of the park by the City and the public. 6. COMPLIANCE WITH GOVERNING LAW Each path shall comply with all federal, stats and local laws, rules and regulations in Its pursuit hereat. No party in ifs performance of this Agreement shall employ discriminatory practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or women of Me Vietnam era. 7. CAPACITY OF THE PARTIES Each party is acting in an Independent capacity. Nothing in this Agreement and nothing in the cuume of dealings between gee pandas hereunder shall be deemed b create any fiduciary relationship, trust, partershlp. Joint vanmre, agency or employment relationship, jointly and severally. In addition and without limitation, each parry shall be solely responsible for all matters relating to payment of Its employees, Including, but not gmited to, warownce with applicable social security withholding, workers' compensation insurance, benefits and all other regulations goveming such matters. Personnel supplied by he City will not for any purpose be considered employees or agents of On Ramps. The City assumes full responsibility for the actions of such personnel while they am performing sperms pursuant to this Agreement, and shall be solely responsible for Meir supervision, dally direction and control, payment of salary (including withholding of income taxes and social security), disability benefits and Me like, as applicable. Conaemely, personnel supplied by On Ramps will not for any purpom ba considered employees or agents of Me City On Ramps assumes full responsibility for Me actions of such personnel while May are performing services pursuant to his Agreement, and shall be wkly responsible for their supervision, daily direction and control, payment of salary, (including withholding of income tares and social security), disability benefits and the like, as applimble. The City and On Ramps agree and acknowledge that Mair miabonship is strictly and solely that of an independent conhaclorto each other. The City's employees and/or agents are net entitled to any employee benefits or Insurance, including without limitation any health core, workers compensation, unemployment or disability benefits, b be pmvlded by On Ramps. On Ramps agrees and acknowledges that its employees and/or agents am not entitled to any employee benefits or Insurance, Including wihxd limitation any health care, workers compensation, unemployment or disability benefits, to be provided by Me City. The parties fuller agree and acknowledge that each party is solely responsible for determining the method and means by which it will fulfill Its obligations hereunder. Each shall be solely responsible for payment of all sales, use, or other taxes assessed against or associated wife the performance of each parry's respective obligations or on the exercise of their rights under this Agreement, Including without limitation income, payroll or employment-related taxes and payments. Neither parry shall engage any parson or many to serve in any capacity, or incur any expense or obligation on behalf of the other without Me prior written consent of both parties. B. WAIVER OF CIAIMS On Ramps, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims or causes of action against the Ciy. Its officers, officials, employees, agents or volunteers which On Ramps may now or hereafter have for damages to goods, wares, merchentlise or other property in, about or upon Me Park or any portion of Me building In which Park is located, and for Injuries to persons in or about Me Park, from any muse or muses arising at any time. In particular, but not by way of limitation, On Ramps hereby waives any and all claims or causes of action which On Ramps may crow or hereafter have against Me City, is officers, officials, employees, agents or volunteers: (a) for loss, Injury or damage suslained by reason of any deficiency, Impairment and interruption of any servim or system seerng Park or any portion of building in which Park Is located, and (b) for any loss or damage to the property of or injury or damage to On Ramps, On Ramps oMcers, officials, employees, agents or volunteers, from any cause or muses arising at any time bemuse of On Ramps use or occupancy of the Park or any portion of building in which Park is betted. g: INDEMNIFICATION AND HOLD HARIVIXSS, To the furthest extant allowed by law, On Ramps shall Indemnify, hold harmless and defend the City and each of Its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, lonesome costs and damages (whether in contract, led or shict liability, Including but not limited to personal injury, death at any time and property damage, (including damage by fire or oMer casuely) Incurred by City, On Ramps or any other parson, and from any and all claims, demands and actions in law or equity (including attorneys fees and litigation expenses), arising or alleged to have arisen directly or Indirectly out of the performance of this License Agreement. On Ramps obligations under the pmoss ing sentence shall apply regardless of whether City of any of Its officers, officials, employees, agents or voWnteers are negligent, but shall not apply to any loss, liability fines, panalteel tantalum. costs or damages caused solely by the gross negligence, or caused by the wi fful misconduct, of the Cty or any of Its offices, officials, employees, agents or volunteers. This section shall survive termination or separation of this License Agreement. 10. INSURANCE Throughout the life of this License Agreement On Ramps shall pay for and maintain in full force and effect all policy(les) of insurance required hereunder with (an) inanimate company(m) either (1) admitted by the California Insurance Commissioner to do business In the State of California and rated not less than "A-VII' in Beal s Insurance Rating Guide, or (2) authorized by the Citys Risk Manager. The fallowing policies of insurance are required: A. COMMERCIAL GENERAL LIABILITY insurance adfich shall he at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for "bodily injury'. 'property damage- ard'personal and advertising injury, including premises and operation, products and completed operations and contactual liability with limits of liability of not less Man $3,000,000 per documents for bodily injury and property damage, $1,00,000 par oocuoence for personal and advertising Injury. $6.000,000 aggregate for products and completed operators, and $6,000,000 general aggregate. If alcoholic beverages am to he sold, seed or furnished, COMMERCIAL GENERAL LIABILITY Insurance shall be endorsed he include coverage for liquor liability with limits of liability of not less than $$000,000 par occurrence and $6,000,000 aggregate for bodily Injury and property damage, or Applicant shall pay for and maintain the most current vemion of Insurance SeMces Office (ISO) Liquor Liability Coverage Form CG 0033, which shall include which shall include insurance for'bodily injury; and 'property damage' with limits of liability of not less Man $3,000,000 per occurrence and $6,000,000 aggregate for bodily injury and property tlamage. The responsibility for Liquor Liablihy Insurance may he assigned to On Ramps dearer, concessionelre or vendor. B, COMMERCIAL AUTOMOBILE LIABILITY Insurance which shall be at most as broad as the most current version of Insurance Services OMd (ISO) forth CA 00 01 and shall Include coverage for "any auto' with limits of liability of not less Man $1.000,000 per accident for bodily and property damage. Only required g automobiles are to be operated on City Property. C. WORKERS' COMPENSATION insurance as required under the California Labor Corte. D. EMPLOYERSLIASILITY insurance with minimum limits of $1,000,000 each accident, $1,000.000 disease dch employee and $1,000,000 disease polity limit. In the event On Ramps purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance sat forth above, this insurance policy(ias) shall °follow form- and afford no less coverage than the primary insurance policy(ies). On Ramps shall be responsible for payment of any deductibles contained in any insurance policies reburied hereunder and On Ramps shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared W, and approved by, the Cl" Risk Manager or Mather designee. At the option of the City's Risk Manager or hislher designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and valunleers; or (ii) On Ramps shall provide a tropical guarantee, satiafadory to City's Risk Manager 0r hislher designee, guaranteeing payment of losses and related Investigations, balm administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or saff-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) day written notice in favor of the City, of policy cancellation, change or reduction of coverage, except ler me Workers' Compensation policy which shall provide a ten (10) day written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this License Agreement, a new certificate evidencing renewal of such policy shall ba provided not lass than Simon (15) days prior to the expiration date of the expiring pblcyges). Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction In coverage, On Ramps shall file with the City a certified copy of fine new or renewal policy and certifwtes for such policy. The Geneml Liability, Automobile Liability and Liquor Liability insurance policies shall be woman on an occurrence from and shall name the City. Is offli em. oftcials, agents, employees and volunteers as an additional insured. Such policy(iss) of insurance shall be endorsed so On Ramps insurance shall be barely and no contribution shall has aquiratl of the City. My Workers Compensation insurance pollcy shall contain a waiver of subrogation as to the City and each of its officers, officials, employees, agents and volunteers. On Ramps shell furnish Cre City with the certificates) and applicable endorsements ler ALL required Insurance poll to the Citys execution of this License Agreement. If at any time during the lie of this Agreement or any extension, On Ramps fails to maintain any required insuranw in full force and effect, all of On Ramps activities under this Agreement shall lbs discontinued Immediately, until notice is radial by City dust the required Insurance has been restored to full force and effect and that the premiums therefore have been paid for a period sa0sfactory to City. Any failure to maintain the required insurance shall be suffident cause for City to terminate this Agreement. No action taken by City pursuant to this section shall In any way relieve On Ramps Coryoratlan of its responsibilities under this Agreement Upon request of City, On Ramps shall immediately mouth City with a compare copy of any insurance policy required under this License Agreement, Including all en ionermard, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiation or termination of this License Agreement The fact that insurance is obtained by On Ramps shall not be deemed to relear s or diminish line liability of On Ramps, including, without limitation, lability under the indemnification provisions of this Coolant. The duty to indemnify City and he officals, oRcers, employees, agents and volunmem shall apply to all daims and liability regardless of whether any insurance policies are applicable. The pollcy limits do not act as a timitation upon the amount of indemnification to be provided by On Ramps. Approval at purchase of any insurance contracts to policies shall in no way repave from liability nor limit me liability of On Ramps or any of Its officers, board members, employees, agents, volunteers, invitees, caters, concessionaires, suppliers, vendors. consultants, contractors or subcontranam. 11. ATTORNEY'S FEES If a party is required to commence any proceeding or legal action to enforce or interpret any tens, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party itsflheir reasonable aftomey's fees and target expenses. 12. PRECEDENCE OF DOCUMENT In Me event of any conflict belween the body of this Agreement and any exhlbdtardachment hereto, the terms and conditions of the body of this Agreement shall c ntml and take precedence over terms and conditions expressed wilbin the exhintiattachment. Furthermore, any terms or conditions contained whin any exhiblVaftachmemt hereto which purport to modify the allocation of responsibility or liability between me parties, provided for within the body of this Agreement, shall be null and void. 13. NOTICES Any notice required or intended to be given to a party under the terms of this Agreement shall be m writing and shall be deemed fo be duly delivered Me soldier of (a) actual receipt by personal delivery to the representative (as defined herein), as the cards may be, or in No of such personal servos, by way of Federal Express or other similar courier addressed to such pang at Me appropriate address set forth herein, (b) the data of receipt by facsimile to Me City Representative or the On Ramps Representative, at (c) three (3) business days after Me date of mailing (postage pre -pard return receipt requested). Either party may change its sources for Me purpose of she Paragraph by giving written notice of such change to the other. 14. BINDING Once this Agreement is signed by all the parties, it shall he binding upon, and shall more to the benefit of the parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 15. ASSIGNMENT There shall this no assignment by any party of its rights or obligations under this Agreement without the prior written approval of the other party. My attempted assignment by a party. Its successors or assigns, shall be null and veto unless approved in writing by the other party. 16. WAIVER The waiter by any parry of a breach by Me other of any provision of this Agreement shall not coni a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and appmved by and signed by all parties ad This Agreement Waiver of any one provision herein shall not be doomed to be a waiver of any other provision herein. The payment of any fee or compensation. or performance of any obligation hereunder by either party shall not constitute a walver of any breach by the other party or of any of the rights and reme Iles which either party may have as a result of such breach. No waiver by either parry of breach of the Agreement shall be implied from any failure by the other party to take action on account of such breach if such breach persists or Is repeated. Waivers by either party of any covenant, term or condition contained herein shall not be constmed as a well of any subsequent breach of the same covenant term or condition. 1T GOVERNING IAW AND VENUE This Agreement shall be govemed by, and construed and enforced in accordance with, the laws of the Stale of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any nghts and codes hereunder shall be Finland. California. iC':IyID]CRF. The section headings in this Agreement are for convenience and reference only and shall not be construed or held In any way to explain, madly or add to the Interpretation or meaning of the provisions of Mus Agreement 10, SEVERABILITY The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision In this Agreement shall not affect the other provisions. 20. INTERPRETATION The parties acknowledge that Iris Agreement in Its final farm is the result of the combined efforts of the parties and that, should any privol of this Agreement be found to be ambiguous In any way, such ambiguity shall not be resolved by construing this Agreement in favor or against any paM, but rather by continuing the terms In accordance with their generally accepted meaning. 21. REPRESENTATIONS AND WARRANTIES On Ramps represents and warrants that it Is a duly authorized and existing California nonpront corporation In good standing. Each party hereby represents and warrants to the other party, and agrees that It has the full power and authority to enter Into this Agreement and perform each of Its obligations hereundeq and it is legally authorized and nos admired all necessary regulatory approvals for ore execution, delivery, and performance of this Agreement. 22. ENTIRE AGREEMENT It Is mutually understood and agreed that the foregoing along with the allached Exhibits constituted the entire Agreement balwaen the babies. Any madRcamns or amendments to this Agreement must be In wddng signed by an authorized agent of each party. IN W"ESS THEREOF, the parties have caused their authorized agents to execute this MOD: On Ramps Covenant Chu" a California nonprolX corporation Dated: 0-7-11 By:l �X Phil Skei, Paatm Dated CITY OF FRESNO, a municlpal corporation ,. �` Re 6A! Aars Dated: I' S /IY By: i�+F-- Dire c BMW A. Rud, Assistant City Manager ATTEST REBECCA E. KLISCH City Clerk BY: pJ Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE KaT14n'ne Doerr, Senior Deputy City Attorney Exhibit A: Depiction of Park CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Carrnnum County of nl...mmn... ma.m.nhoffs. I i preonally appeared!_ �ti i.�l<,. who proved tome on thebass of satisfactory evidence to be the personla) whose namda'1 is'are subscribed to Fire within instrument and acknowledged ,o me that lc/sddp. May enecmai Me same io his/ndr/Meir eethadmd capacity(je$), and Mat by hisVr/their mgnmre(N) on Me instrument Me person(s). or Me en,hy upon behalfof which We ponconsf aelal, exNRled the instrument 1 certify ander PENALTY OF PERJURY underthe laws of Me State of Cirrhosis that the foregoing paragraph is wa and camect. erne aNmt WITNESS my hired and official seal, ? orrmt•teee wo.riis r.ma �°� k ADDITIONAL OPTIONAL INFORMATION 1NSFROCTIONS FOR COMPLILTMG IHLS FORM HESCRUI'TON OF ME AT FACHW WCLiNFENT Air w ,Ik emmr iwrpkw m [wy w Poc...im v..emrr •+mar.. ro..l.vmve. w ..e mn..xm�n/[aril ..mm ..n,wv,, «t vle.nv,, Inm n.E.mq....lmmim Niwnm4 v�°m nmG� drama, m wa w d. c4ow"n�a.m✓varM, di'm"hm m. anm.N..ymn fth. uv pl •• tPnkmdgnnempnnaia,�m...ni....w, i.oimmrAs.Iryk.um�m.m.ne.weMrwmmunoJ �Omwm�n N.mber.rPages Moamar Nam ..nr wwRa lnma k, ,v tell, krivaa.knewt mc ff MmArvalm MW _ pt �v..,12, review wr, W+mi.amem. mmMmm. prt,Mi.mm.. ,,r mm silk nµmon kiwmri.aW 'vm .r a..� o wm omnmlrnA w . u um..f a�a m... �bwo<I•a wfiling, �l ..1P..via. ofamxm: lid mdaww�mb mmm.lma®tam.. ,wapot ran m m...w . AdbUwwvwil� '1 mew�m"a.a 0 I'di 'm lowly keu Or.1 o`. rx.ls irw! .' r,.. cto uN,nma mrm..0 CAPACOY CLAIIvt ET) BY THE SIGNFR ❑ mea11,141m Isl empermeorrrvr RSI ❑ Emotions) ❑ An.me -un -Rey ❑ S Traw() o Oder ..nr wwRa lnma k, ,v tell, krivaa.knewt mc ff MmArvalm MW _ pt �v..,12, review wr, W+mi.amem. mmMmm. prt,Mi.mm.. ,,r mm silk nµmon kiwmri.aW 'vm .r a..� o wm omnmlrnA w . u um..f a�a m... �bwo<I•a wfiling, �l ..1P..via. ofamxm: lid mdaww�mb mmm.lma®tam.. ,wapot ran m m...w . AdbUwwvwil� '1 mew�m"a.a 0 I'di 'm lowly keu Or.1 o`. rx.ls irw! .' r,.. cto Interim Leadership Team Meeting MinuM On Ramps Covenant Church Bate: Thursday. December 1. 2011 Time: 5:30 pm Location: InterVaniy's FIFUL 1719 L Street a Fresno. CA 93721 Call to Order: Phil Skei Interim Leadership Team Members Present Phil Skei. Rici Skei, Marsha Jones. Kendra MCCmwmt, Came Minium. Timothy Steele, Jon Murrey Absent: San Kenney, Breanna Lou Vision Statement Scripture: Ezekiel 47:1-I2 "Form follows structure" What Ezekiel is showing is the river Bowing out of the temple. It's not about measuring haw man people come in .... hN about inviting others to be about of the now or the river and giving it away Rich Shared story of how Angie had an opportunity to help a homeless woman who lives behind her to find resources instead of Rici doing it all for her. Reports & Updates Bible Study: Nothing set in stone yet. Will convene for the next two Tuesdays in home of Phil & Rici Side Worship Gathering: Planning Team had a very good meeting 12/17/11 Lowell Elementary School Spm set up. 4pm Prayer, 5pm Service Dinner & Despot afterwards LLT will discuss the frequency of the Corporate Worship Gatherings at the next meeting. How can we help with Worship Gatherings??? Always be aware of what the Spirit is saying, how He's moving, etc. Be intentional about warring to know evern arse's story, shout paying attention to others needs. Anticipate the needs crackers, be genuine. No Shalom project at this Gathering Small Croups: Currently groups are actively going: Rici s"BLISS" Marsha's "Games n God' Sarah. Bri. Phil, and Timothy have yet to begin their groups Ea EXHIBIT A l I mFR REPORT TO THE CITYCOUNCIL r nw f December 15, 2011 �T AGENDA ITEM NO. I M COUNCIL MEETING 12115/11 asmoa CITY MJVNAW FROM: BRUCE A. RUDD, Assistant Oily Managerllntedm PARCS Director City Managers Office BY: SHAUN SCHAEFER, Community Recreation Supervisor 11 PAUL A. MELIKIAN, Administrative 6 Finance Manager Parks. After School, Recreation and Community Services Department SUBJECT: APPROVE A ONE-YEAR AGREEMENT WITH ON RAMPS COVENANT CHURCH FOR THE ADOPTION OF DICKEY PARK Staff recommends that the City Council approve me attached one-year agreement with On Ramps Covenant Church (ORCC), allowing priority access to the youth smball field at Dickey Park for community-based activities in exchange for maintenance services to the Dickey Park Softball Field and the remainder of the park, EXECUTIVE SUMMARY ORCC agrees to provide cleanup, landscaping, and limited repair services for the Dickey Park softball field and surrounding park space in exchange for priority access to the softball field at the par. The Agreement is for one year. On Ramps Covenant Church will: • Participate in he City of Fresno Adopt -a -Park Program for one year beginning December 15, 2012, through June 30, 2012, for a total of 90 hours — average of 125 hours per mora. The 90 hours represent an economic value of $900 00 Provide edging, weeding, low -limb pruning, graffiti removal, mash pickup, reporting of volunteer Information and park maintenance issues • Provide monthly repair and replacement for watering hoses, field rakes, infield din draggers, and field chalkers The City will have the Dickey Park Softball Field reserved for use by ORCC on a priority basis and will coordinate through ORCC will all other groups wishing to use the fiend. BACKGROUND The On Ramps Covenant Church has been in existence since the summer of 2011, and has been a vital contributor to the Lowell community in regards to neighborhood building, cleanup and events. ORCC has utilized the Dickey Park Softball Fields that were oporated through the City of Fresno PARCS Department. They provide monthly community cleanup and special event activities at Dickey Park. The clean upsrspecial events are held on Saturdays, once a month, throughout the year. Due to organizational downsizing over the last two years, the PARCS Department has had to reduce services in the areas of field and landscape maintenance. The ORCC will clean up the park, restrooms and seflball field once a month. When the Adopt -a -Park Program was announced to the community, the ORCC made overtures to assist In the maintenance of Dickey Park (including the school field) in exchange for a reduced field cost. Report to dte CRY Council On Ramps Church License Agreement December 15,2011 Page 2 An agreement was reached which covered the maintenance of the park and fields in exchange for Pretty i access to the softball field at Dickey Park. The ORCC agreement is similar to other non-prold sports las agreements, such as Quigley Park Senior Softball and Cary Park Little League. This Agreement was reviewed and approved by the Coy Attorney and Risk Management Offices. FISCAL IMPACT There is no adverse impact to the General Fund as a result of approving this Agreement, since ORCC perform over 90 volunteer park cleanup and maintenance hours for one year, as a pad of the Adoal program. The value of the volunteer clean up hours, at $900, is equivalent to the standard field obervation of $076.00 for the five hours per month, seven months out of the year the tied will be used by ORCC. License Agreement