HomeMy WebLinkAboutAGENDA REPORT 2016 0907 CCSA REG ITEM 10L ITEM 10.L.
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AGENDA REPORT Ac,"in ';
BY:
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
PREPARED BY: Jennifer Mellon, Recreation/Community Services Manager
DATE: August 11, 2016 (CC Meeting of 09/07/16)
SUBJECT: Consider City Co-sponsorship of the Rotary Club of Moorpark
Noontime 2016 Moorpark Mammoth Run Event
BACKGROUND & DISCUSSION
On September 2, 2015, the City Council approved a request from the Rotary Club of
Moorpark Noontime (Rotary) to co-sponsor the 2015 Moorpark Mammoth Run
(Mammoth Run). The Rotary is planning the third annual Mammoth Run scheduled for
Sunday, October 9, 2016, and has requested co-sponsorship of the event.
In 2015, the Rotary assisted the City by providing volunteers and 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 and traffic control. The Rotary will provide the same level of
involvement for the 2016 event.
The 2016 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 the multi-use
trails that extend north from Mammoth Highlands Park, around the Toll Brothers
development and portions of 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. Staff has changed the course slightly this year so that a road
closure will not be required at the Walnut Canyon Road and Spring Road intersection,
or at the intersection of High Street and Spring Road. Staff recommends keeping the
course on the east side of Spring Road, which will eliminate the course from crossing
Spring Road at the Walnut Canyon Road or Elk Run Loop intersections. The course will
require two controlled intersections, one at Ridgecrest Drive and Spring Road and the
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Honorable City Council
September 7, 2016
Page 2
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, 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, 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. 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), 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 and Police service direct costs to be reimbursed by the Rotary for the event
will be approximately $4,220. This includes $2,020 in competitive service staff costs;
$500 for special event insurance; $700 for medical response services; and $1,000 for
police services.
STAFF RECOMMENDATION
Approve City co-sponsorship of the Rotary Club of Moorpark Noontime 2016 Moorpark
Mammoth Run as outlined in the staff report, subject to final language approval of the
Letter of Agreement, Indemnification, and Hold Harmless by the City Manager.
Attachment:
Letter of Agreement
255
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2016 Letter of Agreement, Rotary Club of Moorpark Noontime
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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.
• 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 •
257
2016 Letter of Agreement, Rotary Club of Moorpark Noontime
3
threatened, including attorneys' fees and costs, court costs, interest, defense
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
258
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2016 Letter of Agreement, Rotary Club of Moorpark Noontime
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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 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.
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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:
Don McAlister, President Date
Rotary Club of Moorpark Noontime
Steven Kueny, City Manager Date
City of Moorpark
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