HomeMy WebLinkAboutAGENDA REPORT 2018 1205 CCSA REG ITEM 10GCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 12/5/2018
ACTION Approved staff
recommendation
BY M. Benson
G. Consider Supporting the 2019 Groundhog Day Run and Approve L etter of
Agreement with the Moorpark Unified School District for the Event . Staff
Recommendation: Support the 2019 Groundhog Day Run event and approve a
Letter of Agreement with Moorpark Unified School District, as outlined in the staff
report, subject to final language approval by the City Manager.
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
PREPARED BY: Stephanie Anderson, Recreation Services Manager
DATE: 12/05/2018 Regular Meeting
SUBJECT: Consider Supporting the 2019 Groundhog Day Run and
Approve Letter of Agreement with the Moorpark Unified
School District for the Event
BACKGROUND AND DISCUSSION
In 2013, the Groundhog Day Run (Run) was initiated to benefit Moorpark High School’s
cross country and track programs. The Run initially included two components; a 5K chip
timed run starting and finishing at the Moorpark High School (MHS) stadium, and a
“Catch the Groundhog” one mile fun run for children ages 11 and under held on the
MHS track with medals for all participants. Each year well over 300 runners have
participated in the event.
Last year, a 10K chip timed run was added to the event. A portion of the 10K run utilized
the Arroyo Vista Community Park (AVCP) recreational trail (Trail). Moorpark Municipal
Code (MMC) 12.16.160 (Requirement and enforcement of park rental permits) states
that rental permit requirements will be established by City Council resolution. City
Council resolution 2016-3528 (Rules and Regulations Governing City Park Rentals),
Section 4.1 (Park Rental Permits Required), states that a park rental permit is required
for groups of 25 or more at AVCP, as well as for any fee-based activities.
Since the 10K included more than 25 participants, and a registration fee was charged to
participate, both of the above described conditions applied to use of City park facilities
for the 10K portion of the run. Additionally, there is currently no rental fee established for
trails, and for practical reasons, rental permits for trails have not been issued. Although
the Moorpark Unified School District (MUSD) could not rent the Trail for the 10K through
the normal rental permit process, MMC 12.16.170 (Park use agreements) gives the City
Council the authority to enter into a written agreement so long as such agreements are
consistent with the provisions of Chapter 12.16 (Parks and Open Space) of the MMC,
which allows the City to provide local community groups with park use opportunities
Item: 10.G.
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Honorable City Council
12/05/2018 Regular Meeting
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such as this, without amending the MMC. On 12/6/2017, the Council approved such an
agreement with MUSD for the 2018 Ground Hog Day Run. The run was successful and
the event ran smoothly.
DISCUSSION
The next Groundhog Day run is scheduled on Saturday, February 2, 2019. MUSD
intends to offer the 10K chip-timed run again in 2019. The 10K runners will use the
AVCP Trail between approximately 8:30 a.m. to 10:00 a.m. Staff recommends allowing
MUSD to use the Trail between 8:00 a.m. and 10:30 a.m. in order to allow sufficient
time for volunteers to report to their assigned locations, to set-up signs and traffic
control devices prior to the runners arriving at AVCP, and to remove any signs and
traffic control devices at the conclusion of the run.
In order to use the AVCP Trail, MUSD will need to meet certain conditions, including
providing proof of insurance, providing crossing guards and traffic control staff for the
park areas affected by the run, and providing directional signage for the event. Staff has
prepared a draft Letter of Agreement between MUSD and the City outlining the terms of
the agreement.
It should be noted that MUSD is already required to secure an encroachment permit
from the City for the portions of the run on City property other than AVCP, including
public streets.
FISCAL IMPACT
Staff does not anticipate that there will be any direct costs associated with the use of the
park for the event. No direct costs were incurred for the 2018 event. However, the Letter
of Agreement requires MUSD to reimburse the City for all direct costs, if any.
STAFF RECOMMENDATION
Support the 2019 Groundhog Day Run event and approve a Letter of Agreement with
Moorpark Unified School District, as outlined in the staff report, subject to final language
approval by the City Manager.
Attachment:
Letter of Agreement
279
CITY OF MOORPARK
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
November 14, 2018
Dr. Kelli Hays, Superintendent
Moorpark Unified School District
5297 Maureen Lane
Moorpark, CA 93021
Subject: Letter of Agreement for the Groundhog Day Run on February 2, 2019
Dear Dr. Hays,
This letter is to confirm the City of Moorpark’s (hereinafter “City”) support of Moorpark Unified
School District’s (hereinafter “MUSD”) Groundhog Day Run (hereinafter “Run”) event to be
held on Saturday, February 2, 2019, and to grant use of the Arroyo Vista Community Park
(hereinafter “AVCP”) recreational trail.
The terms of the park use shall be in accordance with Moorpark City Council’s action on
December 5, 2018.
City agrees to:
1. Grant use of the AVCP recreational trail between the hours of 8:00 a.m. and 10:30
a.m. on Saturday, February 2, 2019 for a portion of the Run.
2. Notify the public through the City website and recreation software e-blasts regarding
the Groundhog Day Run use of the AVCP trail.
MUSD agrees to:
1. Abide by all City rules and regulations pertaining to City parks, including but not
limited to those included in Moorpark Municipal Code 12.16 (Parks and Open
Space) and City Council Resolution 2016-3528 (Rules and Regulations Governing
City Park Rentals).
2. Apply for and receive an Encroachment Permit from the City of Moorpark Public
Works/City Engineer Department.
JANICE S. PARVIN
Mayor
ROSEANN MIKOS, Ph.D.
Councilmember
KEN SIMONS
Councilmember
DAVID POLLOCK
Councilmember
MARK VAN DAM
Councilmember
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2018 Letter of Agreement, Moorpark Unified School District Groundhog Day Run
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3. Provide the City with a site diagram of AVCP recreational trail portion of the Run,
including any proposed signage, water stations, solid waste and recycling collection
locations, traffic control measures, and equipment locations, no less than thirty (30)
days prior to the event date. Site diagram must be approved in writing by the City
Parks and Recreation Director.
4. Provide a minimum of four (4) crossing guards to assist pedestrians at the following
areas:
a. The intersection of the park access road and parking lot A.
b. The intersection of the trail and the two parking lot entrances at parking lot B.
c. The intersection of the park access road and the recreational trail near
parking lot C.
Crossing guards must be at least eighteen (18) years of age and equipped with a
reflective vest and stop sign.
5. Provide no less than three (3) staff or volunteers to monitor use of the AVCP
recreational trail from 8:00 a.m. until the last runner has exited AVCP.
6. Post “NO RUN PARKING” signs at the entrance to AVCP, exact locations to be
determined by City Parks and Recreation Director.
7. Procure, and thereafter maintain in full force and effect at MUSD's sole cost and
expense, the following types and amounts of insurance:
a. 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. The
policy or policies shall be written on an occurrence basis. The policy shall
name the Moorpark Unified School District as the insured and the City of
Moorpark as an additional insured. MUSD shall furnish City evidence of all
insurance policies required by this Agreement in the form of a Certificate of
Insurance and additional insured endorsement.
8. Reimburse City for all direct costs, including but not limited to non-management staff
costs within sixty (60) days of the event.
Indemnification and Hold Harmless:
The Moorpark Unified School District (MUSD) hereby agrees to indemnify,
defend (with counsel reasonably acceptable to City) and hold harmless the City,
and any and all of its employees, officials, volunteers, and agents from and
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2018 Letter of Agreement, Moorpark Unified School District Groundhog Day Run
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against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys’ fees and costs, court costs, interest, defense costs, and expert witness
fees), to the extent same are caused in whole or in part by any gross negligence
or wrongful act, willful misconduct, error or omission of MUSD arising in whole or
in part from MUSD’s officials, volunteers, contractors, agents, and run
participants participation in the Groundhog Day Run event.
MUSD 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 MUSD in the performance of this
Agreement. In the event MUSD fails to obtain such indemnity obligations from
others as required here, MUSD 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 MUSD and shall
survive the termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against MUSD 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.
Please sign where indicated and return both original signed copies of this letter to the City to
acknowledge your acceptance of this agreement. A fully executed copy will be returned to you.
We appreciate your desire to serve the community and promote health and wellness in
Moorpark.
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2018 Letter of Agreement, Moorpark Unified School District Groundhog Day Run
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SIGNED:
__________________________________________ _______________
Dr. Kelli Hays, Superintendent Date
Moorpark Unified School District
__________________________________________ _______________
Troy Brown, City Manager Date
City of Moorpark
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