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HomeMy WebLinkAboutAGENDA REPORT 2018 0905 CCSA REG ITEM 10SCITY OF MOORPARK, CALIFORNIA City Council Meeting of 09.05.2018 ACTION Approved staff recommendation BY M. Benson S. Consider Co-sponsoring the Rotary Club of Moorpark Noontime’s 2018 Moorpark Mammoth Run Event. Staff Recommendation: 1) Agree to co- sponsor the October 7, 2018 Mammoth Run Event; 2) Authorize the City Manager to execute a Cooperative Services Agreement to cosponsor the event, subject to final language approval by the City Manager and City Attorney; and 3) Waive fees for use of City properties and for City issued permits. Item: 10.S. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Stephanie Anderson, Recreation Services Manager DATE: 09/05/2018 Regular Meeting SUBJECT: Consider Co-sponsoring the Rotary Club of Moorpark Noontime’s 2018 Moorpark Mammoth Run Event BACKGROUND For the past four years, the City Council approved a request from the Rotary Club of Moorpark Noontime (Rotary) to co-sponsor the Moorpark Mammoth Run event (Mammoth Run). The Rotary is planning the fifth annual Mammoth Run scheduled for Sunday, October 7, 2018, and has requested co-sponsorship of the event. For the past four years, the Rotary provided volunteers to plan and work at the event, managed participant registrations and fees, and assisted with marketing the event. The City notified residents about the Run, prepared the traffic plan, and purchased event insurance. Rotary reimbursed the City for any direct costs to the City, and paid a percentage of net profit to the City to cover some of the City’s overhead and staff costs. DISCUSSION The 2018 Moorpark Mammoth Run will feature a 10K run, 5K run and family fun run. The event will be staged at Mammoth Highlands Park and will include a health and fitness fair. The proposed course will include the multi-use trails that extend north from Mammoth Highlands Park, around the Pinnacles development and portions of Spring Road. The course will also include an improved dirt trail that extends south of Mammoth Highlands Park, as well as a half mile section along the bicycle path on the south side of Elk Run Loop. The course will vary depending on the distance of the scheduled run. The course will require two controlled intersections, one at Ridgecrest Drive and Spring Road and the other at Elk Run Loop and Spring Road, as well as the closure of the bicycle lane on the east side of Spring Road from Charles Street to Walnut Canyon Road. In addition, the bicycle lane on the north side of Elk Run Loop, as well as the north and south sides of Ridgecrest Drive will be closed to bicycle traffic, Item: 10.S. 449 Honorable City Council 9/5/2018 Regular Meeting Page 2 as it will be required for event parking. Moorpark Police will direct traffic at the controlled intersections. Volunteers will monitor vehicular traffic at minor intersections, such as the entries to the several gated communities, and City staff will take appropriate measures to allow parking on Elk Run Loop and Ridgecrest Drive. As in prior years, the City will be responsible for preparation of a traffic control plan, trail preparation and grading, and the course set-up. The Rotary Club will be responsible for procurement of traffic control services, event registration, marketing and materials, certified timing for the run, course certification, event website, sponsorships, signage, volunteers, prizes, shirts, and reimbursement of City’s direct costs. To memorialize each organization’s responsibilities, staff has prepared a Cooperative Services Agreement between the Rotary and the City detailing each party’s responsibilities. FISCAL IMPACT The City will absorb overhead costs associated with use of City facilities and issuance of a “no fee” Encroachment Permit. Fees waived for rental of Mammoth Highlands Park Pavilion and Athletic Field equates to $220. The City shall receive 10% of the net profit generated from the Mammoth Run to cover full time management staff costs. The Rotary will reimburse the City for all other direct costs, such as part-time and full-time competitive services staff costs (non-management staff), and police services, and shall retain the remaining revenue to cover their direct costs and make donations to various charity organizations. In anticipation of this event, the Fiscal Year 2018/2019 Operating and Capital Improvement Projects Budget includes $1,050 for police services. The budget also includes $1,550 for direct expenses, which if used will be reimbursed by Rotary. STAFF RECOMMENDATION 1. Agree to co-sponsor the October 7, 2018 Mammoth Run Event. 2. Authorize the City Manager to execute a Cooperative Services Agreement to co- sponsor the event, subject to final language approval by the City Manager and City Attorney. 3. Waive fees for use of City properties and for City issued permits. Attachment: Cooperative Services Agreement for the 2018 Mammoth Run Event 450 CITY of Moorpark COOPERATIVE SERVICE AGREEMENT for Moorpark Mammoth Run 2018 THIS AGREEMENT, made and entered into this __________day of ___________, 2018, between the CITY OF MOORPARK, a municipal corporation located in the County of Ventura, state of California, hereinafter referred to as “CITY” and The Rotary Club of Moorpark, a California corporation, hereinafter referred to as “ROTARY”. RECITALS: WHEREAS, ROTARY plans to produce the 2018 Moorpark Mammoth Run event (“MAMMOTH RUN”), to be held on Sunday, October 7, 2018 at Mammoth Highlands Park and surrounding streets and trails; and WHEREAS, CITY has determined that MAMMOTH RUN is a benefit to the residents of the City of Moorpark; and WHEREAS, ROTARY has requested, and CITY has agreed, to assist ROTARY and work cooperatively on MAMMOTH RUN. NOW, THEREFORE, in consideration of the mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. Term The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, through the conclusion of all activities related to the 2018 MAMMOTH RUN unless terminated earlier as described herein. 2. Obligations of ROTARY A. LEGAL RESPONSIBILITIES ROTARY shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. ROTARY shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act, Occupational Safety and Health Administration laws and regulations, Ventura County Fire Protection District regulations, and Moorpark Municipal Code sections 17.53 (Noise), 17.40 (Sign Regulations), and 8.32 (Prohibition of Smoking in Public Places). The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of ROTARY to comply with this Section. MAMMOTH RUN 2018 Page 1 of 9 451 B. FINANCIAL RESPONSIBILITIES 1. ROTARY shall be responsible for all costs associated with MAMMOTH RUN except those costs specifically included as CITY’s responsibility in Section 3.A. ROTARY agrees to reimburse the CITY for all direct costs incurred by CITY for MAMMOTH RUN, including but not limited to property damage, police services, insurance costs, equipment rental, and contracted services. CITY shall provide ROTARY with a detailed statement of CITY’s direct costs within sixty (60) days of the event. ROTARY agrees to pay the balance due to CITY within thirty (30) calendar days of issuing of the statement. 2. ROTARY agrees to pay to CITY 10% of the net profit to reimburse CITY for management staff costs related to MAMMOTH RUN within ninety (90) days of the event. 3. ROTARY agrees to provide a detailed financial statement to CITY for MAMMOTH RUN, including total income and expenditures, within ninety (90) calendar days of the event. C. PERMITS 1. ROTARY agrees to secure the following permits for MAMMOTH RUN, and pay any fees associated with said permits. a. A City of Moorpark encroachment permit. CITY shall waive fees associated with this permit. b. County of Ventura event organizer permit for food facilities at a community event, if food vendors are included at the MAMMOTH RUN. c. Ventura County Fire Protection District permits as required, including but not limited to permits for Places of Assembly and Temporary Structures. 2. ROTARY agrees to ensure that vendors and other event participants secure the following permits. a. All food vendors must have a current County of Ventura mobile food facility permit, annual permit, or temporary food facility permit. b. All vendors (except food vendors) who engage in sales must have a current Seller’s Permit from the California Department of Tax and Fee Administration (formerly Board of Equalization). All vendors must add the event as a sub-location to their Seller’s Permit. D. EVENT SITE AND LOGISTICS 1. Sanitation. a. ROTARY shall submit a solid waste management plan to the CITY no later than September 15. ROTARY shall provide adequate trash and recycle MAMMOTH RUN 2018 Page 2 of 9 452 containers for the MAMMOTH RUN site. ROTARY shall use the CITY’s franchise solid waste hauler for said containers and services. b. ROTARY must remove any debris, supplies, or equipment within three (3) hours of the conclusion of the event. Should ROTARY fail to clean the event site within the above stated times, The CITY shall clean the event site and ROTARY agrees to reimburse CITY for staff costs for said cleaning according to the current CITY Staff Billing Rates resolution. 2. Event Site. a. ROTARY shall prepare a site map and submit site map to the CITY no later than ten (10) calendar days prior to the event date. The site map must include the name and location of each vendor booth, temporary structures, and trash and recycle containers. CITY shall approve site map. b. ROTARY shall ensure that curb cuts, sidewalks, doors, windows, fire hydrants, and parking spaces for persons with disabilities are not blocked. c. ROTARY may mark locations for booth spaces and other equipment at the event site. Only chalk or other temporary means of marking may be used. e. ROTARY shall provide CITY free of charge one (1) booth space at the event. Booth space location shall be as agreed upon mutually by CITY and ROTARY. 3. Equipment and Temporary Structures. a. ROTARY must supply all equipment and materials necessary for the event, except for run course signage as described in Section 3. b. Generators must meet Ventura County Air Pollution Control District and California Air Resources Board requirement. c. Any portable mechanical or electrical equipment used shall be maintained with an approved spark arrester and muffler. d. Prior to commencement of the event ROTARY shall install approved fire extinguishers according to Ventura County Fire Protection District regulations. e. ROTARY shall ensure that all canopies, tents, and temporary structures are properly weighted or secured to the ground. E. EVENT PLANNING AND OPERATION 1. ROTARY shall coordinate and manage all components of the MAMMOTH RUN event, except those components specifically assigned to CITY as described in Section 3. ROTARY’s responsibilities include, but are not limited to: securing certified timing and course certification; securing sponsors; securing vendors; securing a master of ceremonies; securing on-site medical services; preparing and MAMMOTH RUN 2018 Page 3 of 9 453 distributing vendor and sponsor applications, confirmations, site maps, and other documents; processing run registrations; purchasing participant awards; arranging for traffic control services and equipment; coordinating with CITY and other agencies on event plans; notifying nearby residents via mail regarding the street closure and event; and marketing and promoting the event. For all run registrations, ROTARY shall require all participants (or parent or guardian of a child under eighteen) to sign a Waiver of Liability, which form shall include a hold harmless indemnification releasing the CITY and ROTARY from any and all acts of negligence and all claims and demands whatsoever. ROTARY shall obtain CITY written approval of the Waiver of Liability form, including indemnification language. 2. ROTARY shall provide the appropriate number of staff and/or volunteers necessary to carry out the planning and operation of the event. F. INSURANCE ROTARY shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “A” attached hereto and made a part of the Agreement. ROTARY shall provide original certificate or certificates of insurance to Pardee Homes and/or Moorpark Highlands home owners associations, as required by the Licensee Agreement for use of trails. ROTARY shall require all vendors and contractors to secure and maintain a general liability insurance policy written with a company acceptable to CITY and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000) for bodily injury or death of any person or persons in any one occurrence, and One Million Dollars ($1,000,000) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability. Policies for food vendors shall include product liability. The policy or policies shall be written on an occurrence basis. The policy shall name Contractor as the insured and the City of Moorpark and Rotary as additional insureds. Contractor shall furnish evidence of all insurance policies required in the form of a Certificate of Insurance and additional insured endorsement. 3. Obligations of CITY A. FINANCIAL RESPONSIBILITIES AND CITY FEES 1. CITY shall waive permit fees for all CITY issued permits. 2. CITY shall waive rental fees for use of CITY properties, except for a security deposit for use of Mammoth Highlands Park. 3. CITY shall waive fees for CITY staff costs associated with MAMMOTH RUN, except those costs specified in Section 2 of this Agreement. MAMMOTH RUN 2018 Page 4 of 9 454 C. EVENT SITE AND LOGISTICS 1. CITY shall prepare a traffic control plan. 2. CITY shall arrange for police services for traffic control. Police costs shall be paid by ROTARY. 3. CITY shall provide appropriate measures to allow parking on Ridgecrest Drive and Elk Run Loop and post bicycle lane and trail closure signs. 4. CITY shall grade and prepare trail(s). 5. CITY shall enter into a License Agreement with Pardee Homes and/or Moorpark Highlands home owners associations to obtain a temporary nonexclusive license to City and its officers, employees, agents and volunteers and the running contestants authorized by Licensee to enter upon that portion of the real property in Moorpark, California, which lies south of Ridgecrest Drive and generally east of Simmons Way and Crimora Avenue and west of College Heights Drive (the “License Area”) as a running route for the Run, and an additional License Period for entry and operation of a skip-loader upon the License Area as City reasonably determines is necessary for preparation of the running course for the MAMMOTH RUN and as approved by Pardee Homes and/or Moorpark Highlands home owners associations. 6. CITY shall set up the run course and provide course signage. D. EVENT PLANNING AND OPERATION 1. CITY shall provide a representative to attend MAMMOTH RUN committee meetings when feasible. 2. CITY shall place a one-half page advertisement for MAMMOTH RUN in the fall edition of the recreation guide. Advertisement shall be at no cost to ROTARY. As feasible, CITY shall promote MAMMOTH RUN on CITY social media and website. 3. CITY shall provide ROTARY with an address list for notifying nearby businesses and residents about the event. 4. Use of CITY Facilities The run shall take place at Mammoth Highlands Park located at 7000 Elk Run Loop, on surrounding streets including Ridgecrest Drive, Spring Road, Elk Run Loop, and adjacent trails (“Property”). Use of CITY property is subject to the following terms. ROTARY shall pay to CITY a security deposit of $100 for use of Mammoth Highlands Park. A. ROTARY shall not make any alterations, additions, or improvements upon the Property without the prior written consent of CITY. MAMMOTH RUN 2018 Page 5 of 9 455 B. ROTARY accepts Property in its existing condition. Immediately preceding occupancy of the Property, ROTARY shall conduct a reasonable examination of the Property. ROTARY shall, upon knowledge or discovery thereof, immediately report problems with the Property to the CITY at (805) 517-6200. C. At the conclusion of MAMMOTH RUN, ROTARY shall ensure the Property is left in the same condition as received by ROTARY. 5. Termination ROTARY may terminate this Agreement with or without cause at any time prior to the expiration date by giving fifteen (15) calendar days advance written notice thereof to the CITY. This agreement may be terminated with or without cause by CITY by giving no less than fifteen (15) calendar days written notice of termination. In the event of an emergency, as determined at sole discretion of CITY, this agreement may be suspended by CITY at any time with no advance notice. The CITY and Moorpark Police Department retain the right to terminate MAMMOTH RUN in the event there is a violation of a rule, condition, or law by ROTARY, or in the event that MAMMOTH RUN become unsafe due to inclement weather, unruly patrons, or other conditions. 6. Hold Harmless and Indemnification ROTARY shall indemnify, defend and hold harmless CITY, and any and all of its officers, employees, and agents (“CITY Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the ROTARY’s performance of its obligations under this Agreement or out of the operations conducted by ROTARY, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from ROTARY’s performance of this Agreement, ROTARY shall provide a defense to the CITY Indemnitees or at the CITY’s option reimburse the CITY Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. ROTARY agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every official, volunteer, vendor, run participant, performer, contractor, or subcontractor, or any other person or entity involved by, for, with, or on behalf of ROTARY in the performance of this Agreement. In the event ROTARY fails to obtain such indemnity obligations from others as required here, ROTARY agrees to be fully responsible according to the terms of this Section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of ROTARY and shall survive the termination of this Agreement or this Section. MAMMOTH RUN 2018 Page 6 of 9 456 CITY does not and shall not waive any rights that it may have against ROTARY by reason of this Section, because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 7. General Conditions A. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way, except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. B. Neither party shall assign this Agreement, or any of the rights, duties or obligations hereunder. C. All written notices required by, or related to this Agreement shall be sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows: TO: City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Attn: City Manager TO: Rotary Club of Moorpark P.O. Box 172 Moorpark, CA 93020 Attn: Carolyn Schrimpf, Board Member D. Should interpretation of this Agreement or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. E. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. F. Cases involving a dispute between parties may be decided by an arbitrator, if both sides agree in writing, with costs proportional to the judgment of the arbitrator. MAMMOTH RUN 2018 Page 7 of 9 457 G. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants, referred to herein, shall be filed in the applicable court in Ventura County, California. H. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. I. The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written: CITY OF MOORPARK THE ROTARY CLUB OF MOORPARK BY _________________________ BY _________________________ Troy Brown, City Manager Carolyn Schrimpf, Board Member ATTEST: BY _________________________ Maureen Benson, CITY Clerk MAMMOTH RUN 2018 Page 8 of 9 458 Attachment A Insurance Requirements As a condition precedent of the effectiveness of this Agreement, ROTARY shall procure, and thereafter maintain in full force and effect at ROTARY’s sole cost and expense, the following types and amounts of insurance: 1. A general liability insurance policy written with a company acceptable to CITY and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000) for bodily injury or death of any person or persons in any one occurrence, and One Million Dollars ($1,000,000) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability, including Product Liability coverage if food and beverages are dispensed on premises. The policy or policies shall be written on an occurrence basis. The policy shall name ROTARY as the insured and the CITY of Moorpark, its officials, employees, and agents as an additional insured. The policy shall also provide that the CITY shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. ROTARY shall furnish CITY evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance and additional insured endorsement. 2. If ROTARY’s employees, volunteers, and contractors will use personal autos in any way during the performance of this Agreement, ROTARY shall ensure the employees, volunteers, and contractors maintain automobile insurance that meets, at minimum, current statutory requirements and provide proof of this insurance to the City, if requested. 3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than One Million Dollars ($1,000,000) per accident or disease. A Workers Compensation Insurance Certificate shall be filed with CITY before beginning work. MAMMOTH RUN 2018 Page 9 of 9 459