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7.06.001_Adopt-a-Park Program PolicyCITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: ADOPT-A-PARK PROGRAM POLICY 7.06.001 ☒ RESO NO:_2024-086 ☐ MINUTE ORDER SEPTEMBER 24, 2024 Page 1 of 2 1. PURPOSE The purpose of the Adopt-A-Park Program is to encourage civic participation by engaging the community in the upkeep of civic and public facilities within the City of Rohnert Park. Participation in the program is open to any person or organization, subject to the following requirements. 2. SCOPE The adopting individual or organization is limited to the following tasks in the adopted park and may select as many as is desired: Graffiti Removal: Remove or paint over graffiti on walls, signs, and other surfaces (Paint provided by Public Works Department) Cleaning Benches and Tables: Wipe down and clean park benches, picnic tables, and other seating areas. Court blowing: Blowing off sports courts Leaf Raking: Rake and collect fallen leaves, especially during the autumn season. Weeding: Remove weeds from flower beds, pathways, and around trees. Litter Pickup: Collect trash and recyclables throughout the park. Event Assistance: Help organize and run park events, such as clean-up days, festivals, or educational programs Park Stewardship: Assisting park users (Selected will be provided a key to restroom solely for their use to assist parkgoers if restrooms are locked but functional) 3. POLICY 1. Civic groups and individuals may apply to adopt a park in the City of Rohnert Park. A minimum of one-year commitment is required and two years is the maximum per each application. When a contract expires, if acceptable to both parties, the adopting organization or individual may renew the commitment for an additional year. 2. Requests to adopt specific parks are processed on a first-come, first-served basis. If more than one organization simultaneously requests the same park, a lottery will be held to select which organization will adopt that park. 3. All work performed under the Adopt-a-Park Program must be performed by volunteers without compensation for work performed. Volunteers participating in the program may only receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards from a sponsoring organization, and those must not be a substitute form of compensation for work performed. The City will not provide any meals, transportation, or reimbursement of any CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: ADOPT-A-PARK PROGRAM POLICY 7.06.001 ☒RESO NO:_2024-086 ☐MINUTE ORDER SEPTEMBER 24, 2024 Page 2 of 2 expenses associated with the program. Pursuant to the California Labor Code, an individual shall be considered a volunteer only when their services are offered freely and without pressure and coercion, direct or implied, from an employer. Accordingly, businesses cannot be a sponsoring organization under this Program. 4.If persons will be paid to oversee the performance of work by volunteers, the organization serving as a volunteer coordinator and sponsor must be qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, in accordance with Labor Code Section 1720.4. 5.Participation in the Adopt-A-Park Program is terminable by the City at any time, in accordance with the terms of the program agreement 6.A representative from the adopting organization must contact the General Service Manager at 707-588-3312 (Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.) at least one week prior to the cleanup, so arrangements can be made to pick up any debris. 7.Each volunteer is required to sign an Adopt-a-Park Volunteer Agreement before participating in the program. A parent or guardian’s signature is required for children under the age of eighteen (18). When children under the age of sixteen (16) participate, the Participant must have emergency contact information accessible at the site. 8. PROVISIONS At the time an organization adopts a park, the City of Rohnert Park will provide any necessary safety information and a sign identifying the adopting organization or individual. APPENDIX Adopt-a-Park Program Application Adopt-a-Park Volunteer Agreement REVISION HISTORY: ADOPTED: OCTOBER 12, 2024 (RESOLUTION 2004-262) REVISED: SEPTEMBER 24, 2024 (RESOLUTION 2024-086) OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK Department of Community Services Department of Public Works ADOPT-A-PARK PROGRAM OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK ADOPT-A-PARK PROGRAM APPLICATION ORGANIZATION (as it will appear on sign) ____________________________________________________ ___________________________________________________ (up to 20 characters per line – one or two lines) GROUP CONTACT PERSON ___________________________________________________ TITLE OR POSITION _________________________________________________________ PHONE NUMBER (day) _____________________ (evening) _________________________ MAILING ADDRESS _________________________________________________________ E-MAIL ADDRESS ____________________________________________________________ ESTIMATED NUMBER OF PARTICIPANTS _______________________________________ PREFERRED LOCATION (name of park) __________________________________________ PROPOSED STARTING DATE _________________________________________________ PROPOSED ENDING DATE (2 years maximum) ___________________________________ ANNUAL NUMBER OF WORK DAYS (four days minimum) _________________________ ANTICIPATED WORK DAY(S) (day(s) of week)____________________________________ REQUESTED SCOPE OF WORK (check all that apply): Graffiti Removal: Remove or paint over graffiti on walls, signs, and other surfaces (Paint provided by Public Works Department) Cleaning Benches and Tables: Wipe down and clean park benches, picnic tables, and other seating areas. Court blowing: Blowing off sports courts Leaf Raking: Rake and collect fallen leaves, especially during the autumn season. Weeding: Remove weeds from flower beds, pathways, and around trees. Litter Pickup: Collect trash and recyclables throughout the park. Event Assistance: Help organize and run park events, such as clean-up days, festivals, or educational programs Park Stewardship: Assisting park users (Selected will be provided a key to restroom solely for their use to assist parkgoers if restrooms are locked but functional) OAK #4855-4622-3830 v1 STATEMENT OF AGREEMENT As representative of this organization, I have read and agree to abide by the policies, regulations and safety recommendations as put forth by the City of Rohnert Park for the Adopt-a-Park Program. I understand that this is an application for the Adopt-a-Park Program and that a City representative will contact me to finalize an agreement. In addition, I understand that the Public Works Director and/or his or her designee will make the final determination as to whether a group can participate in the program and will determine the final park assignment (See Scope of Work. SIGNATURE _______________________________________________ DATE___________ FOR OFFICE USE ONLY Assigned Park:________________________________________________________________ Dates of Adoption: From _____________________________ To ______________________ Organization: (as it will appear on sign) Line One ______________________________________ Line Two ____________________________________ New Signs: Date Ordered _________________ Date Installed ________________________ OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK ADOPT-A-PARK PROGRAM ADOPT-A-PARK AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this [DATE OF AGREEMENT] by and between THE CITY OF ROHNERT PARK, a municipal corporation (“City”) and [NAME OF ORGANIZATION] (“Participant”). RECITIALS WHEREAS, the City recognizes the need for and the benefits of clean, litter-free parks; and WHEREAS, the City has established an Adopt-a-Park Program (the “Program”) to enable individuals, civic groups and businesses to help keep our community clean and litter-free; and WHEREAS, Participant desires to adopt a park by agreeing to provide volunteer services as described in this Agreement; and WHEREAS, Participant is aware that the nature of the work to be performed is potentially hazardous, particularly due to the presence of traffic on adopted roadways, and the potential for encountering snakes, insects, and other animals, noxious weeds, hazardous debris, and unexpected holes and ditches. NOW, THEREFORE, the parties agree to the following: GENERAL TERMS 1. Term: The City authorizes Participant to participate in the City Adopt-a-Park Program for [NAME OF PARK] Park (the “Park”) for a period commencing on [DATE AGREEMENT BEGINS], and ending on [DATE AGREEMENT ENDS], Participant shall provide the services set forth in the Scope of Work, set forth in Exhibit A, and incorporated herein. 2. If the Participant(s) has also volunteered to provide support for maintenance activities within the Park, the Participant will notify the City contact person (listed below) at least one (1) week prior to the scheduled cleanup so that appropriate steps can be taken to organize the project(s) and make arrangements for debris pick up. The contact person for the City is the Public Works Operations Manager - General Services, 707-588-3312, Monday – Friday, 8:00 a.m. to 5:00 p.m. 4. The Participant(s) has read the City’s Adopt-A-Park Program Policy (Policy Number 7.06.001), this Agreement, the Volunteer Agreement, which includes a release of liability, and the Volunteer Handbook, and agrees to provide these documents to each volunteer prior to participation in the program. The Participant and its volunteers agree to abide by these policies, regulations, and safety recommendations. OAK #4855-4622-3830 v1 5. The Participant agrees that it will be responsible for any of its volunteers or members performing the work and will defend, indemnify, and hold the City harmless from and against any and all liability, claims, and demands on account of any injury or loss that a volunteer might incur when engaged in the work or in any other way related to the work performed under the Program. The Participant will obtain the signature of each volunteer on the City’s Volunteer Agreement Form prior to the individual’s participation in the Program. A parent or guardian’s signature is required for children under the age of eighteen (18). 6. When children under the age of sixteen (“Under 16 Child”) participate in the program, a Volunteer Agreement Form must be signed by a parent or guardian of the Under 16 Child. Participant must also provide at least one adult supervisor for every five (5) Under 16 Children. When Under 16 Children participate, the Participant will have emergency contact information for each Under 16 Child, accessible at the site. 7. The City recognizes [NAME OF ORGANIZATION] as the Participant and will install signage identifying the organization/person specified above. Participant’s name will appear on the sign as follows: (Up to 20 characters per line – one or two lines) [SIGN LINE 1] [SIGN LINE 2] 8. If either party fails to perform its duties in accordance with the terms hereof, the sole remedy for the non-defaulting party is the termination of this contract. The non- defaulting party will have no other remedy or cause of action against the defaulting party, whether for damages, specific performance or quantum merit. The indemnification provisions set forth in paragraph 5 above will survive the termination of this agreement. 9. This agreement is not subject to assignment. 10. No work that would constitute a “public work” as defined in Labor Code Section 1720, shall be done under this agreement, except for work performed by volunteers, as defined in Labor Code Section 1720.4. 11. If Participant pays a person(s) to oversee the performance of work by volunteers, the Participant must be qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, in accordance with Labor Code Section 1720.4(a)(3)(B). OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK 130 Avram Ave Rohnert Park, CA 94928 Signature: ____________________________ Title: [TITLE OR POSITION] PARTICIPANT: Organization: [NAME OF ORGANIZATION] Address: [ORGANIZATION’S ADDRESS] Representative: ___________________________ (please print) Signature: ____________________________ Title: [TITLE OR POSITION] OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK ADOPT-A-PARK PROGRAM Exhibit A – Scope of Work (List specific activities approved as part of this agreement based on request in application) Page 1 of 3 City of Rohnert Park Volunteer Agreement OAK #4855-4622-3830 v1 CITY OF ROHNERT PARK ADOPT-A-PARK PROGRAM VOLUNTEER AGREEMENT I/We <insert individual name or organization name>, agree to volunteer my/our services to the CITY OF ROHNERT PARK (“City”) and to comply with the City’s Volunteer Handbook. I/We acknowledge that there is no salary or other compensation, or prizes of any kind to be provided by the City for my services as a volunteer. Rewards or prizes for volunteer service to the City may be offered by other persons; however, the City is not responsible for the payment of any such reward or prize to me. Name/Organization Representative Name:____________________________________________________________________ Address: ______________________________ City: ______________ State: _____ Zip: _________ Phone: _______________ Email Address: _________________________________________________________________________________________ _____ Yes, I would like to receive emails concerning this and other volunteer opportunities with the City of Rohnert Park. Emergency Contact/Relationship/Phone: ___________________________________________________ Each volunteer must review the below statement and complete the following signature page prior to participating in the Adopt-a-Park volunteer program. Any individuals under the age of 18 must have parent signature. I understand that the City of Rohnert Park may photograph or videotape the volunteer events or activity in which I am (or my child is) participating. I give my permission for the City to use photographs or videotape of me (or my child) for the purpose of promoting the City of Rohnert Park and its services/programs. I also acknowledge and agree that my (or my child’s) services are provided for the convenience of the City and may be terminated for any reason or for no reason and at any time by the City without prior notice or hearing. Page 2 of 3 City of Rohnert Park Volunteer Agreement OAK #4855-4622-3830 v1 I acknowledge and am aware that participation in this program has inherent risks and hazards. I understand that it is my responsibility to be aware of my physical condition and will refrain from doing any physical activities beyond my capabilities. I agree to defend, indemnify and hold the City harmless, and its officers and its employees, and hereby release the same, from and against any and all liability, claims, demands and expenses, including court costs and reasonable attorney fees, on account of any property damage, bodily injury, sickness, damage, or other loss of any kind whatsoever, which arise out of or are in any manner connected with the work to be performed under the Adopt-a-Park Program, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, or other fault of myself or of any other volunteer participating in the Adopt-a-Park Program. I, the undersigned, certify that the information stated on this agreement and release is true, complete and correct to the best of my knowledge and belief and is made in good faith. Any false statements made by me may be used as a basis of rejection for this application or termination of volunteer services. This agreement shall remain in effect until terminated in writing by either party. Additional information may be provided on the attachments. Name Address Phone Number Email Address Signature Parent Signature Page 3 of 3 City of Rohnert Park Volunteer Agreement OAK #4855-4622-3830 v1 Name Address Phone Number Email Address Signature Parent Signature