2006 New York Code - Adopt-a-park Program.



 
    §  18-133    Adopt-A-Park Program. a. Definitions. For the purposes of
  this section, "sponsor" shall mean the person(s) or group(s)  that  have
  entered  into  an  agreement  with  the  department  with respect to the
  maintenance, renovation and agreement requirements provided for  in  the
  Adopt-A-Park program.
    b. The commissioner is authorized to enter into agreements with one or
  more  individuals,  corporations,  partnerships or other entities, other
  than political candidates and their campaign organizations,  to  sponsor
  any  park,  playground, beach, pool, recreation center, ballfield, green
  space, greenstreet, vehicle,  equipment,  structure  or  other  property
  under  the  jurisdiction  of  the  department,  except  as  provided  in
  subdivision g of this section. Such sponsor may elect to  be  recognized
  by a sign at or on the area sponsored which shall not be larger than the
  standard  sign used by the department. The commissioner shall erect such
  signs in a manner that best  preserves  the  aesthetic  quality  of  the
  sponsored  area.  Where  the  erection  of  such  a  sign is impossible,
  requires  approval  by  another  governmental  entity  or  is  otherwise
  prohibited  by  law, the department and the sponsor may agree to another
  form of recognition.
    c. Sponsorship agreements may be entered into for a period of  one  to
  eight  years  from  the  date  of  the  agreement.  Nothing herein shall
  prohibit more than one sponsor at a particular site, and a  sponsor  may
  enter into agreements with the department to sponsor more than one site.
    d.  The  department  and the sponsor may renew an agreement for a term
  which shall be at the discretion of the  commissioner,  but  is  not  to
  exceed  the  limits  designated  in  subdivision  c of this section. The
  existing sponsor may apply for renewal of the  agreement  no  less  than
  thirty days before the expiration of the agreement.
    e.  Nothing  herein  shall  be  construed to mean that the property or
  structure sponsored has been  renamed  for  the  sponsor  or  gives  the
  sponsor  or  an agent or member thereof any authority to sell or display
  merchandise or use the sponsored area in any  manner  inconsistent  with
  the  New  York  city charter or any statute, law, rule or regulation. No
  sponsorship shall impede or impair in any way any  concession  or  lease
  agreement between the department and any other individual or entity.
    f.  (1)  Sponsors shall make a sponsorship payment to be determined by
  the commissioner, which  shall  reflect  the  size  and  nature  of  the
  sponsored  area  and the maintenance, level of use, security and program
  costs or any portion thereof to be undertaken or  provided  for  by  the
  sponsor.    Such  sponsorship  payments  shall  be  treated  as  private
  categorical grants and shall be used solely by the  department  for  the
  sponsored   area  for  park  maintenance,  capital  projects,  security,
  recreation,  art  and  educational  programs  and  the  acquisition  and
  development  of parkland and related structures or facilities. Any grant
  in the amount of five thousand  dollars  or  more  shall  be  separately
  identified.
    (2)   Notwithstanding   the   provisions  of  paragraph  one  of  this
  subdivision, the commissioner may enter into a sponsorship agreement  at
  a reduced sponsorship payment or no sponsorship payment with one or more
  organizations or individuals who undertake the responsibility to perform
  uncompensated  volunteer  assistance  of  beautification and/or clean-up
  work consistent with departmental standards.
    (3) Any sponsorship  agreement  shall  hold  the  city  harmless  from
  liability  for  any  damage  or injury arising from such sponsorship and
  shall provide for indemnification of the city  by  the  sponsor  in  the
  event  that  any  judgment or other financial obligation is imposed upon
  the city with respect to such sponsorship.

g. (1) The provisions of this section shall not apply to any park or facility under the jurisdiction of the department that has a trust, conservancy, or partnership with the department whose annual contributions exceed five hundred thousand dollars to the park or facility. (2) The commissioner may only enter into sponsorships with those individuals or groups in a manner consistent with the integrity of the park, playground, facility or property. h. The comptroller shall have the power to audit and investigate all matters relating to the finances and the financial operations of the program.

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