HomeMy WebLinkAboutAGENDA REPORT 2015 0902 CCSA REG ITEM 10P ITEM 10.P.
CITY OF MOORPARK,CALIFORN!A.
City Council Meeting
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MOORPARK CITY COUNCIL ACTION: sfy.ty - S
AGENDA REPORT
BY: ‘177 )( -.--
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Directors"'
PREPARED BY: Valerie Franklin, Recreation Services Manager
DATE: July 27, 2015 (CC Meeting of 09/02/15)
SUBJECT: Consider the Rotary Club of Moorpark Noontime as Co-
sponsor of the 2015 Moorpark Mammoth Run Event
BACKGROUND & DISCUSSION
On September 17, 2014, the City Council approved a request from the Rotary Club of
Moorpark Noontime (Rotary) to co-sponsor the 2014 Moorpark Mammoth Run
(Mammoth Run). Due to the success of the 2014 event, the second annual Mammoth
Run is scheduled for Sunday, October 4, 2015, and the Rotary has again requested co-
sponsorship of the event.
In 2014, the Rotary assisted the City by providing volunteers, minimizing the direct costs
associated with part time or full time City staff. In addition, the Rotary has experience
organizing and promoting running events, an ability to keep direct costs to a minimum
through business sponsorships, and paid the City the direct costs associated with police
services, traffic control and the costs associated with a CatTrans permit that is required
to close Spring Road at the Walnut Canyon Road intersection. The Rotary will provide
the same level of involvement for the 2015 event.
The 2015 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, food vendors, and music. The proposed course will include approximately
four miles along the multi-use trails that extend north from Mammoth Highlands Park,
around the Toll Brothers development and down and back along Spring Road. The
course will include an improved dirt trail that extends south of Mammoth 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 mileage of the scheduled run. The run will require a
road closure on Spring Road, between Ridgecrest Drive and Walnut Canyon Road, and
two controlled intersections: one at Spring Road and Elk Run Loop and the other at
Spring Road and Charles Street. In addition, the bicycle lane on the north and west
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Honorable City Council
August 19, 2015
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side of Elk Run Loop, as well as the north and south side of Ridgecrest Drive, will be
closed to bicycle traffic, 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 cover no parking signs on Elk Run Loop and Ridgecrest Drive as necessary for
parking.
The City will be responsible for notification of the residents, preparation of a traffic
control plan, trail preparation and grading, application for an encroachment permit from
Cal-Frans, medical response, special event insurance, and will share responsibilities for
the course set-up. The Rotary 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 Letter of
Agreement between the Rotary and the City of Moorpark outlining the co-sponsorship
responsibilities and costs.
FISCAL IMPACT
The City will absorb overhead costs associated with use of City facilities and issuance
of a "no fee" Encroachment Permit. The City will 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), police services, medical
response, and special event insurance, and shall retain the remaining revenue to cover
their direct costs, as well as donations to various charity organizations. Staff estimates
that the City's direct costs to be reimbursed by the Rotary for the event will be
approximately $5,995. This includes $425 in advertising costs associated with
publication in the Moorpark Recreation Guide, $2,020 in competitive service staff costs,
$650 for special event insurance, $700 for medical response services and $2,200 for
police services.
STAFF RECOMMENDATION
Approve the co-sponsorship for the Moorpark Mammoth Run by the Rotary Club of
Moorpark Noontime as outlined in the staff report, subject to final language approval to
the Letter of Agreement, Indemnification, and Hold Harmless by the City Manager.
Attachment:
Letter of Agreement
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CITY OF MOORPARK
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V ��: PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021
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September_, 2015
Ms. Carolyn Schrimpf
Rotary Club of Moorpark Noontime
P.O. Box 172
Moorpark, CA 93020
Subject: Agreement for co-sponsorship of the Moorpark Mammoth Run event on
October 4, 2015
Dear Carolyn,
This letter is to confirm the Rotary Club of Moorpark Noontime's (hereinafter "Rotary")
agreement to partner with the City of Moorpark's (hereinafter "City") Moorpark Mammoth Run
(hereinafter "Run") event to be held at Mammoth Highlands Park, located at 7000 Elk Run
Loop, and surrounding trails and streets, in Moorpark, CA.
The terms of this partnership shall be in accordance with Moorpark City Council's action on
September 2, 2015.
City agrees to:
• Provide a half-page advertisement in the Fall, 2015 Recreation Guide.
• Advertise the Run event on the City's website, with a link to the Run's website.
• Notify neighborhood residents about the Run.
• Prepare a traffic control plan and obtain an Encroachment Permit from Caltrans.
• Arrange police services.
• Secure on-site medical services.
• Secure special event insurance.
• Provide Rotary with a park map indicating acceptable areas for Rotary's vendor
set up, and vendor access points.
• Bag 'no parking' signs and post bicycle lane and trail closure signs.
• Prepare and grade trail.
• Enter into a License Agreement with Pardee Homes 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 which Pardee Homes owns (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
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmen}r
2015 Letter of Agreement, Rotary Club of Moorpark Noontime
2
preparation of the running course for the Mammoth Run and as approved by
Pardee Homes.
• Provide original certificate or certificates of insurance to Pardee Homes as
required by the Licensee Agreement.
Rotary agrees to:
• Process run registrations and collect entry fees.
• Apply for Encroachment Permit from City of Moorpark Public Works/City
Engineer Department. Permit to be "no fee" to Rotary.
• Secure event sponsors.
• Secure and coordinate food vendors, and obtain required permits from Ventura
County Environmental Health.
• Secure and coordinate vendors for the Health and Fitness Fair.
• Secure a master of ceremonies and public address system.
• Prepare a site map for vendors and mark vendor spaces, as approved by City.
• Market the event, including establishing an event website.
• Secure certified timing for the run.
• Secure course certification.
• Provide event and course signage.
• Contract and pay for traffic control services and supplies.
• Provide awards, t-shirts, bottled water, and goody bags for run participants.
• Provide volunteer staff to oversee the run course and monitor the event.
• Procure, and thereafter maintain in full force and effect at Rotary's sole cost and
expense, the following types and amounts of insurance: 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 Rotary as the insured and the City of
Moorpark as an additional insured. Contractor shall furnish City evidence of all
insurance policies required by this Agreement in the form of a Certificate of
Insurance and additional insured endorsement.
• Obtain executed indemnity agreements from each and every Rotary official,
volunteer, vendor, contractor, or subcontractor, or any other person or entity
involved by, for, with, or on behalf of Rotary in the performance of this
Agreement. Indemnity agreement must include the following language: "{Entity or
Individual) shall indemnify, defend (with counsel reasonably acceptable to City)
and hold harmless the City of Moorpark, and any and all of its employees,
officers, 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
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2015 Letter of Agreement, Rotary Club of Moorpark Noontime
3
costs, and expert witness fees) arising in whole or in part from participation in the
Moorpark Mammoth Run event." In the event Rotary fails to obtain such
indemnity obligations from others as required, Rotary agrees to be fully
responsible according to the terms of this paragraph. 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.
• Require all Run 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.
• 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. 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.
• Reimburse City for all direct costs, including but not limited to staff costs (non-
management staff), police services, special event insurance costs, contracted
services (including medical services).
• Relinquish to the City 10% of the net profit to cover full time management staff
costs, within 90-days of the date of the event.
• Provide a detailed Financial Statement, including total revenue and expenditures,
within 90-days of the event.
• Provide a list of vendors, one week prior to the event. No vendors shall be
allowed to participate in the event if not approved by City seven days prior to the
event.
City and Rotary jointly agree to:
• Set up the run course and provide course signage.
Rotary Indemnification and Hold Harmless:
The Rotary 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
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2015 Letter of Agreement, Rotary Club of Moorpark Noontime
4
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 Rotary arising in whole or in part from Rotary's officials, volunteers, contractors, and agents
participation in the Moorpark Mammoth Run event.
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.
Please sign where indicated below and return one original signed copy of this letter to the City
to acknowledge your acceptance of this agreement. We appreciate the Rotary's desire to
serve the community and promote health and wellness in Moorpark.
Sincerely,
Steven Kueny
City Manager
SIGNED:
Carolyn Schrimpf, Board Member Date
Rotary Club of Moorpark Noontime
Steven Kueny, City Manager Date
City of Moorpark
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