HomeMy WebLinkAboutAGENDA REPORT 2018 1205 CCSA REG ITEM 10HCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 12/5/2018
ACTION Approved staff
recommendation
BY M. Benson
H. Consider Supporting Ruben Castro Charities’ 5K Run Fundraiser and Approve a
Letter of Agreement with Ruben Castro Charities for the Event . Staff
Recommendation: Support Ruben Castro Charities’ 5K Run fundraiser and
approve a Letter of Agreement with Ruben Castro Charities, as outlined in the
staff report, subject to final language approval by the City Manager.
Item: 10.H.
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 Ruben Castro Charities’ 5K Run
Fundraiser and Approve a Letter of Agreement with Ruben
Castro Charities for the Event
BACKGROUND AND DISCUSSION
Ruben Castro Charities (RCC), a Moorpark-based 501(c)(3) nonprofit organization, is
planning to launch a 5K Run fundraiser (Run) for their organization. Antonio Castro of
RCC contacted the City’s Recreation Division requesting use of the Arroyo Vista
Community Park (AVCP) recreational trail (Trail) for this Run.
The proposed Run date is Saturday, March 16, 2019. The run would begin at 8:00 a.m.
and would conclude by 10:00 a.m. Set up would begin at 6:00 a.m. and clean up would
conclude by 11:00 a.m. RCC anticipates approximately 200 participants. They also plan
on including 15 vendors, which would be set up on an athletic field near the Trail. RCC
would provide no less than 20 volunteers to staff the Run.
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.
It is anticipated that the Run will include approximately 200 participants, and a
registration fee will be charged to participate in the run. Therefore, both of the above
described conditions would apply to use of City park facilities for this Run. However,
there is currently no rental fee established for trails, and for practical reasons, rental
permits for trails have not been issued. It should be noted that use of the athletic field
would fall under normal provisions of park rentals.
Item: 10.H.
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Honorable City Council
12/05/2018 Regular Meeting
Page 2
Although the Trail cannot be rented for the Run 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.
Currently, the City works cooperatively with the Rotary Club of Moorpark Noontime on
the Mammoth Run, and with the Moorpark Unified School District on the Groundhog
Day Run. In the same vein, staff recommends supporting RCC’s Run by entering into a
park use agreement with them for use of the AVCP Trail. Allowing use of the Trail for
the Run is an excellent opportunity to work cooperatively with a local community
organization, promote health and fitness activities in the community, and highlight the
Trail at AVCP.
In order to use the Trail, RCC 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 Run. Staff has prepared a
draft Letter of Agreement between RCC and the City outlining the terms of the
agreement.
FISCAL IMPACT
Staff does not anticipate that there will be any direct costs associated with the use of the
recreational trail for the Run. However, the Letter of Agreement requires RCC to
reimburse the City for all direct costs, if any.
STAFF RECOMMENDATION
Support Ruben Castro Charities’ 5K Run fundraiser and approve a Letter of Agreement
with Ruben Castro Charities, as outlined in the staff report, subject to final language
approval by the City Manager.
Attachment: Letter of Agreement
285
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
Antonio Castro
Ruben Castro Charities
409 McFadden Avenue
Moorpark, CA 93021
Subject: Letter of Agreement for Ruben Castro Charities’ 5K Run on March 16, 2019
Dear Mr. Castro,
This letter is to confirm the City of Moorpark’s (hereinafter “City”) support of Ruben Castro
Charities (hereinafter “RCC”) 5K Run Fundraiser (hereinafter “Run”) to be held on Saturday,
March 16, 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 6:00 a.m. and 11:00
a.m. on Saturday, March 16, 2019 for the Run.
RCC 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. Provide the City with a site diagram 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) calendar days prior to
the event date. Site diagram must be approved in writing by the City’s Parks and
Recreation Director.
3. Provide a minimum of three (3) crossing guards to assist pedestrians at the following
areas:
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, Ruben Castro Charities 5K Run
2
a. The intersection of the recreational trail and the two parking lot entrances at
parking lot B.
b. 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.
4. Provide no less than twenty (20) staff or volunteers to set up, clean up, and monitor
use of the AVCP recreational trail for the entire duration of the Run.
5. Procure, and thereafter maintain in full force and effect at RCC'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 Ruben Castro Charities as the insured and the City of Moorpark as an
additional insured. RCC shall furnish City evidence of all insurance policies
required by this Agreement in the form of a Certificate of Insurance and
additional insured endorsement.
6. Pay to City a five hundred dollar ($500) refundable security deposit. Deposit shall be
paid to City no less than thirty (30) calendar days prior to the Run. Deposit shall be
refunded to RCC within thirty (30) calendar days after the Run, less any direct costs,
including but not limited to non-management staff costs, incurred by City. Should
direct costs exceed deposit, RCC agrees to reimburse City for said costs within
ninety (90) days of the Run.
Indemnification and Hold Harmless:
Ruben Castro Charities (RCC) 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 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 RCC arising in whole or in part from RCC’s
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2018 Letter of Agreement, Ruben Castro Charities 5K Run
3
officials, volunteers, contractors, agents, and run participants participation in the
5K Run event.
RCC 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 RCC in the performance of this Agreement.
In the event RCC fails to obtain such indemnity obligations from others as
required here, RCC 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 RCC 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 RCC 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 below 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.
SIGNED:
__________________________________________ _______________
Antonio Castro, President Date
Ruben Castro Charities
__________________________________________ _______________
Troy Brown, City Manager Date
City of Moorpark
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