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HomeMy WebLinkAboutAGENDA REPORT 2025 0521 CC REG ITEM 10BCITY OF MOORPARK, CALIFORNIA City Council Meeting of May 21, 2025 ACTION APPROVED STAFF RECOMMENDATIONS. BY A. Hurtado. B. Consider Agreement with Rotary Club of Moorpark for Use of Veterans Memorial Park. Staff Recommendation: 1) Authorize the City Manager to execute an Agreement between the City of Moorpark and Rotary Club of Moorpark for Use of Veterans Memorial Park, subject to final language approval of the City Manager; and 2) Waive all rental fees associated with the provision of services under the Agreement. (Staff: Jeremy Laurentowski, Parks & Recreation Director) Item: 10.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks & Recreation Director DATE: 05/21/2025 Regular Meeting SUBJECT: Consider Agreement with Rotary Club of Moorpark for Use of Veterans Memorial Park BACKGROUND For years, the members of the American Legion Moorpark Post No. 502 (American Legion) maintained the flags at Veterans Memorial Park (Veterans Memorial), located at the corner of Spring Road and Flinn Avenue, and coordinated ceremonial events at the Veterans Memorial on Memorial Day and Veterans Day. The events became a tradition in the City, involving the American Legion, Moorpark Boy Scout Troop 41, Moorpark Kiwanis, as well as local dignitaries and residents. Unfortunately, due to declining membership, the American Legion was unable to maintain its activities and ceased all local operations in 2024. The 2024 Memorial Day event was the final community event coordinated by the American Legion in Moorpark. DISCUSSION Given the significance of the Memorial and Veterans Day events for the community, the City engaged with local civic organizations in an effort to identify another community group to manage the events. Through these discussions, the Rotary Club of Moorpark (Rotary) has agreed to take on the responsibility for flag maintenance and memorial event services at the Veterans Memorial that were formerly conducted by the American Legion. Staff has prepared the attached Agreement between the City and Rotary for Use of Veterans Memorial Park. The Agreement details the Rotary’s responsibilities, which include replacement of the three flags flown at Veterans Memorial (United States, State of California, and Prisoner of War/Missing in Action) at least once each year. Rotary will also be responsible for planning and holding annual public memorial events in observation of both Memorial Day and Veterans Day. Item: 10.B. 2721 Honorable City Council 05/21/2025 Regular Meeting Page 2 The Agreement provides Rotary with the same City support that was provided to the American Legion, including waiver of rental fees associated with use of Veterans Memorial and complimentary use of select City equipment during memorial events. Staff is supportive of the Agreement with Rotary and is recommending its approval, recognizing that the free public memorial events to be provided are an important community tradition. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT Under the City’s current Schedule of Fees and Service Charges, Moorpark non-profit organizations like the Rotary are not subject to standard park rental fees for annual public events with attendance under 2,000 persons. Depending on the specifics of each event, fees waived for equipment rental and other variable elements (like vendor/performer fees) could equal to up to $78.50 per event in foregone revenue. COUNCIL GOAL COMPLIANCE This action does not support a current strategic objective. STAFF RECOMMENDATION 1. Authorize the City Manager to execute an Agreement between the City of Moorpark and Rotary Club of Moorpark for Use of Veterans Memorial Park, subject to final language approval of the City Manager; and 2. Waive all rental fees associated with the provision of services under the Agreement. Attachment: Agreement with Rotary Club of Moorpark for Use of Veterans Memorial Park 2722 Rotary Club of Moorpark Page 1 of 9 AGREEMENT BETWEEN THE CITY OF MOORPARK AND ROTARY CLUB OF MOORPARK FOR USE OF VETERANS MEMORIAL PARK THIS AGREEMENT, made and effective as of ______________________, is between the City of Moorpark, a municipal corporation located in the County of Ventura, state of California, hereinafter referred to as “City” and Rotary Club of Moorpark, a California non-profit corporation, hereinafter referred to as “Rotary”. WITNESSETH: WHEREAS, Rotary wishes to maintain three City-owned flags at the Veterans Memorial Park (Facility) located at the southeast corner of Spring Road and Flinn Avenue; and WHEREAS, Rotary wishes to hold two memorial events per year at the Facility and use City equipment during the events; and WHEREAS, the City is willing to make the Facility and equipment available to Rotary for flag maintenance and memorial events. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises contained herein, the parties hereto agree as follows: 1. Scope of Work: City does hereby retain Rotary in a contractual capacity to perform the services in accordance with the terms and conditions hereinafter set forth in Exhibit A; attached hereto and incorporated into Agreement. Where said Scope of Work is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Work and this Agreement, the language contained in this Agreement shall take precedence. 2. Consideration: City shall waive all Facility rental fees associated with the provision of services identified in the Scope of Work. Use of equipment described in Exhibit B shall be at no charge. 3. Equipment Use: City shall allow Rotary to use equipment as specified in Exhibit B only for purposes specified in this Agreement; attached hereto and incorporated into this Agreement. Rotary shall use City equipment only as recommended and in accordance with manufacturers’ instructions. ATTACHMENT 2723 Rotary Club of Moorpark Page 2 of 9 4. Termination: This Agreement may be terminated by City for any reason, with or without cause, at any time. Rotary may terminate this Agreement by providing City with written notice no less than thirty (30) days in advance of such termination. 5. General Conditions: A. City shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any person employed by Rotary providing services hereunder for the City. B. Rotary is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, servants, or agents shall have control over the conduct of Rotary or any of the Rotary’s officers, employees, or agents, except as herein set forth. Rotary shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of City. C. Any videotaping, digital images, still photography, or audio recordings of said Presentations will be made for the non-commercial use of the City only and shall become the sole property of the City. The City shall have the right to cable cast or display such tapings at its sole discretion. D. Rotary agrees to comply with all federal, state, and local laws in the performance of this Agreement, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. Rotary agrees to comply with Moorpark Municipal Code, including but not limited to: Section 8.32.020, Prohibition of Smoking in Public Places; Chapter 9.08, Offenses against Public Decency; Section 12.16.060, Alcoholic Beverages Prohibited; and Section 12.16.080, Public Conduct. E. 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 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. 2724 Rotary Club of Moorpark Page 3 of 9 Rotary agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every 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. Rotary agrees to indemnify, defend with counsel approved by the City, and hold harmless the City and its officers, employees, and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries, or judgments of every nature, arising out of, or resulting in any way from, Rotary use of City-owned equipment for Rotary events. The 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. F. Rotary shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and made a part of the Agreement. G. Rotary shall not assign this Agreement, or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Rotary is uniquely qualified to perform the services provided for in this Agreement. H. Nothing contained in this Agreement shall be deemed, construed, or represented by City or Rotary or by any third person to create the relationship of principal or agent or of a partnership, or of a joint venture, or of any other association of any kind or nature between City and Rotary. I. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purported to be such an amendment, signed and acknowledged by both parties hereto. J. 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 2725 Rotary Club of Moorpark Page 4 of 9 shall not be interpreted against either party on the ground that a party prepared the Agreement or caused it to be prepared. K. 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. L. In the event of any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. M. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court 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. N. 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. O. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. P. Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered, shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom such notice is intended as follows: To: City Manager City of Moorpark 323 Science Drive Moorpark, CA 93021 To: President Rotary Club of Moorpark P.O. Box 172 Moorpark, CA 93020 Either party may, by written notice to the other, designate a different address, which shall be substituted for the one above specified. Notices, payments, and other 2726 Rotary Club of Moorpark Page 5 of 9 documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. Q. The person or persons executing this Agreement on behalf of Rotary warrants and represents that he/she has the authority to execute this Agreement on behalf of Rotary and has the authority to bind Rotary to the performance of obligations hereunder. 6. Responsible Individual: The individual directly responsible for Rotary’s overall performance of the Agreement provisions herein, above set forth and to serve as principal liaison between City and Rotary, shall be ____________________. Upon mutual written agreement of the parties, another individual may be substituted in the above capacity. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Rotary and City, shall be the Parks and Recreation Director or Parks and Recreation Director’s designee. IN WITNESS HEREOF: CITY OF MOORPARK ROTARY CLUB OF MOORPARK __________________________________ __________________________________ Troy Brown, City Manager Bruce Thomas, President Attest: __________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: Scope of Work Exhibit B: Use of City-Owned Equipment Exhibit C: Insurance Requirements 2727 Rotary Club of Moorpark Page 6 of 9 Exhibit A Scope of Work Between the City of Moorpark and Rotary Club of Moorpark 1. Scope of Work a. Flag Maintenance i. Rotary shall replace the United States flag, State of California flag, and MIA/POW flag at least once every year, at Rotary’s sole cost. Flags shall be 5’ x 8’ in size and constructed of minimum 200 denier nylon weave with nyl- glo color guard or equal. ii. Rotary may lower the flags to half-staff for certain ceremonial purposes identified in Sections 2 and 3 below, or other purposes allowed under the City’s Flag Policy with written approval by the City Manager or the City Manager’s designee. Rotary shall provide at least three working days advance notification to the City’s Parks and Recreation Director. iii. Rotary shall be assigned three flag pole keys and one flag pole crank with which to perform flag maintenance services. Rotary shall not duplicate the key for any reason. If a key or flag pole crank is lost or misplaced, Rotary shall notify the City immediately. Rotary shall pay the City the cost to replace the flag pole crank or rekey/replace the flag pole key as determined by the City. b. Memorial Events i. Rotary will plan, arrange and hold two annual events at the Facility, one on the observation of Memorial Day and one on the observation of Veterans Day. City shall loan equipment identified in Exhibit B for each event planned, arranged, and held by Rotary. 2. Rotary may request approval from City to hold additional events related to the honoring of members of the United States armed forces. Rotary shall submit a written request to the Parks and Recreation Director no less than 30-days prior to event and shall obtain written approval from the City Manager or the City Manager’s designee prior to planning, arranging or holding event. City shall allow Rotary to use equipment identified in Exhibit B for each event. 2728 Rotary Club of Moorpark Page 7 of 9 Exhibit B Use of City-Owned Equipment For each event, Rotary may request of City certain City-owned equipment to use at the Facility and City shall provide equipment for Rotary use as long as equipment is available. 1. Borrowed equipment consists of the following if available: a. Public Address (PA) system and equipment necessary to operate the PA system b. Podium c. Chairs (up to 150) d. Rectangular tables (approximately 2) e. 10’ x 15’ Canopy (1) if available f. 10’ x 10’ Canopy (2) if available g. Barricades (3) City does not guarantee the condition of any City-owned equipment or that any equipment will be available for events listed in this Agreement. Any damage to City- owned equipment shall be repaired or replaced at Rotary’s sole cost, as determined by the City. City shall not provide any technical support for City-owned equipment. 2. Rotary shall make arrangements to pick up City-owned equipment from the Arroyo Vista Recreation Center, or such other location identified by the City. The equipment may be picked up by Rotary no more than one (1) day before the event, unless the event is on a Sunday, in which case the City-owned equipment shall be returned no more than one (1) day after the event, unless the event is on a Saturday. If the event is on a Sunday, the equipment may be picked up by Rotary on the Friday before the event and, if the event is on a Saturday, the equipment may be returned on the Monday after the event. Other arrangements may be made with prior written approval by City Manager or designee. 3. Rotary shall be responsible for removing all borrowed City-owned equipment after the event and may either return the City-owned equipment directly to the City or store the City-owned equipment until the time of return. All City-owned equipment shall be returned in the same condition as when it was borrowed. Rotary may be invoiced for replacement or repair costs if any City-owned equipment is returned in any condition other than the condition of the City-owned equipment as when it was borrowed. 2729 Rotary Club of Moorpark Page 8 of 9 Exhibit C 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. Commercial General Liability insurance policy written with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 in general aggregate, for bodily injury, personal injury, and property damage. The policy shall also cover contractual liability, including product liability if food or beverages are dispensed on the premises. The policy shall name Rotary Club of Moorpark as the insured and the City of Moorpark, its officials, employees, and agents as an additional insured. The policy shall provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment, cancellation, or expiration thereof. Rotary Club of Moorpark shall provide the City with evidence of all required insurance policies, including a certificate of insurance and additional insured endorsement. All insurance coverage must include a waiver of subrogation endorsement in favor of the City, its officers, officials, agents, employees, and volunteers. Rotary Club of Moorpark shall require similar written express waivers and insurance clauses from each of its subcontractors. 2. Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Rotary arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles. Limits shall not be less than State statutory combined single limit for each accident. If Rotary will not be using a personal vehicle to travel to and from event location, this requirement will be waived. 3. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. A Workers’ Compensation Insurance Certificate shall be filed with City before beginning work, unless Rotary signs the following written certification that no one other than Rotary, or a legal subcontractor, will perform any services under this Agreement. Rotary Club of Moorpark shall submit to City a waiver of subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 2730 Rotary Club of Moorpark Page 9 of 9 Workers’ Compensation Exemption Certification: I certify that in the performance of this Agreement, I shall not employ any person in any manner so as to become subject to the Workers’ Compensation laws of the California Labor Code, and agree that if I should become subject to the Workers’ Compensation provisions of the California Labor Code, I shall forthwith comply with those provisions. ROTARY CLUB OF MOORPARK: _______________________________ (Print Name) _______________________________ (Signature) 2731