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HomeMy WebLinkAbout20A - AA- EXERCISE EQUIPMENTme N ` NOW CITY COUNCIL MEETING DATE: MARCH 4, 2014 TITLE: AGREEMENT WITH AMERICA ON TRACK AND APPROPRIATION ADJUSTMENT ACCEPTING DONATION FOR EXERCISE EQUIPMENT AND SHADE STRUCTURE CITY MANAGER Ia*01!]mI1 I *LJI] =1bm% IccgI CLERK OF COUNCIL USE ONLY: /e1»¢Z60=1�] ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with America On Track, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing donation revenue in the amount of $45,000 in the PRCSA Fees and Donations revenue account (no. 02213002 57081) and appropriating funds to the PRCSA Fees and Donations expenditure account (no. 02213200 66220) for the Memorial Park Exercise Zone. DISCUSSION In October 2012, the Pacific Electric Bike Trail Exercise Zone on Maple and Occidental was opened. It has been a great success and well received by the public. This exercise outdoor gym is used every day by residents of all ages. This project was made possible by a competitive trail grant. In October 2014, we opened the Birch Park Exercise Zone. This project is also very successful with seniors, and residents of all ages using this outside gym on a daily basis. This project was completed very economically through the Adopt -A -Park method. With city staff, donated funds from city employees, and volunteers coming together this project was able to become a reality. At this time, through a federal grant, the Garfield Exercise Park is being constructed and will offer the City's third outside gym. The City is fortunate to partner with America On Track who is providing a generous donation of $45,000 that will be used to purchase high - quality outdoor fitness gym equipment and a shade structure at Memorial Park. This project will be accomplished through the Adopt -A -Park method, where city staff, donated monies, and volunteers will be used to add the City's fourth outside gym. America On Track, is an award - winning 501(c)(3) nonprofit organization with a track record of providing great mentoring, fitness and nutrition, and youth leadership development to the community. The America On Track donation is made possible by their Carol M. White Physical Education Program grant. 20A -1 Agreement with America On Track Accepting Donation for Exercise Equipment and Shade Structure March 4, 2014 Page 2 FISCAL IMPACT The appropriation adjustment will recognize donation revenue in the amount of $45,000 in the PRCSA Fees and Donations revenue account (no. 02213002 57081) and appropriate funds to the PRCSA Fees and Donations expenditure account (no. 02213200 66220) for the Memorial Park Exercise Zone Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit 1: America On Track Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez,G� Executive Director Finance and Management Services Agency 20A -2 FUNDING AGREEMENT FOR FITNESS STATIONS AT MEMORIAL PARK This Funding Agreement (the "Agreement ") made and entered into this _day of March 2014•, by and between the City of Santa Ana, a chatter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California (the "City "), and America On Track, a 501(c)(3) non- profit corporation (the "Donor"), RECITALS A. The Donor, a non - profit corporation, is generating donations for the City to improve the health and fitness of the Santa Ana community. B. City and Donor desire to develop a shade structure to house high - quality outdoor fitness gym equipment at Memorial Park (hereafter "the Project "). C. This project will be accomplished through the Adopt -A -Park method, where city staff, donated monies, and volunteers will be used to add the City's fourth outside gym, D. The America On Track donation is made possible by their Carol M. White Physical Education Program grant. NOW, THERE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: 1, Scope of Agreement The purpose of this Agreement is to provide for funding of the shade structure and nine (9) fitness stations at Memorial Park (the "Project "). The Donor will donate Forty Five Thousand Dollars ($45,000.00), which will be granted to the City for design and installation of the Project. 2. City Duties A. City shall take the lead to prepare plans and specifications for the design and installation of the Project. Said plans and specifications shall be in con£onnity with all applicable federal, state and local laws and regulations. B, City shall use the funds to purchase and install high - quality outdoor fitness equipment (9 fitness stations and 1 announcement board) as well as a sturdy canvas and shade structure. Donor's company logo will be placed on the announcement board, along with text acknowledging the donation from America On Track. Donor will review the text and layout of such announcement board before it is finalized. C. The installation of the equipment and shade structure will be taking place as an "adopt -a- park" project with resources from the city, city staff, and community volunteers. 20A -3 Donor Duties A. Donor shall provide funding for the Project upfront and will be able to provide input and comments to the City regarding the design of the Project. B. Donor shall continue to fundraise on behalf of the Project as necessary, and to transfer grants and contributions to the City during construction, as they are raised by the Donor. C. A representative selected by the Donor shall provide input pertaining to the design and installation of the project. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the City's approval of the Project, Funds must be spent no later than July 15, 2014. A ribbon cutting ceremony is scheduled to take place in October, 2014. 5. Ownershin and Maintenance The shade structure and fitness stations shall, at all times, be the property of City, and City shall have maintenance responsibilities thereof. 6. Preparation and Ownership of Docurnents It is hereby understood that any and all documents pertaining to the Project design and construction, including applicable "as- built" drawings, will be created in accordance with the highest professional quality. All development documents and drawings shall remain the property of the City. Financial Requirements The City shall account for all funds requested by and released pursuant to this Agreement and the disbursement thereof. The City shall maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the City. Such records shall be maintained by qualified personnel and may be accessed in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and City reporting requirements. 8. Indemnification City agrees to save, indemnify, defend and hold harmless, Donor, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including bat not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in comiection with the performance of this Agreement by the City and from any and all elairns and losses 20A -4 accruing or resulting to any person, firm or corporation who may be injured or damaged by the City in the perfonnance of this Agreement. Conflict of Interest The following protections against conflict of interest will be upheld: A. City and Donor certify that no member, officer, or employee of the City and /or Donor or its designees or agents, and no other public official of City and/or Donor who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for at least one (1) year thereafter. B. City and Donor certify that no one who has any financial interest in this Agreement or receives compensation for services from City or Donor, is related by blood or marriage within the third degree to the Mayor or any one or more of the members of the City Council, City Manager, or the head of the department and /or Donor's Board to which these services are to be provided pursuant to this Agreement. 10. Governing Law This Agreement shall be governed by the laws of the State of California with venue in Orange County, 11. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid US. certified or registered postage, addressed, to recipient as follows: CITY: City of Santa. Ana Clerk of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 With a copy to: Parks, Recreation and Community Services Agency 26 Civic Center Plaza (M -75) Santa Ana, CA 92701 ATTN': Executive Director DONOR: America On Track 600 W. Santa Ana Blvd., Suite 7 1. 0 Santa Ana, CA 92701 ATTN: Terry Thompson, President 20A -5 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 11 S' as and I,tea re 've Aids At commencement of development of the Project, at least one temporary sign aolmowledging Donor's assistance shall be located on or near the Project site. Project signs shall remain installed until completion of the Project. Donor and City shall cooperate in the design and placement of permanent donor recognition signage for the Project. Such sign shall read as follows: "Funds donated by America On Track are made possible by a Carol M. White Physical Education Program grant "' IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement the date and year first above written. CITY OF SANTA ANA A'T'TEST: Maria D. Huizar David Cavazos Cleric of Council City Manager APPROVED AS TO FORM: SONIA City Fyt? DONOR America On Track Terry Thompson President 20A -6