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Home My WebLink About2013-03-11 PACKET 07.B.Cottage J Grove h ere Pride and prosperity Meet To: Parks, Recreation and Natural Resources Commission From: Zac Dockter, Parks and Recreation Director Date: March 1, 2013 Subject: Bike Park Introduction At the February Parks, Recreation and Natural Resources Commission meeting, the Bike Park Task Force presented its concept design and work plan. Upon review, there was unanimous support of the Commission to proceed with the proposed bike park work plan and for staff and /or the Task Force to prepare the following additional information for the March meeting : 1. Identify red flags or concerns the City Council may have at this stage of the process 2. Bike Park budget proposal 3. Emergency access 4. Additional liability review 5. Provide a public forum for residents to learn about and give feedback on the project Background Below is staff's response to the Commission's requests: Council Feedback Council was made aware of the concept design and work plan. No major points of concern or red flags were raised that would halt the process at this time. Bike Park Budget Proposal Staff has composed a budget of City funds based on discussions with the Bike Park Task Force. That budget is attached as a separate document within this report. With the exception of the prairie restoration detail, all funds would be garnered from existing budgeted funds without a negative impact to any other projects or operations of the Parks Maintenance Division. It is proposed that the prairie restoration portion of the project utilize funds from the Public Landscapes Initiative Program. West Draw Park was scheduled in the Public Landscapes Initiative as a tree planting project to beautify this public space considering its connection to the very busy and visible 70 Street corridor. For this projects purpose it would be recommended that those funds be used as a combination of tree planting and prairie restoration to not only enhance the landscape of this corridor, but to provide stabilization of the bike park soils as well. A prairie restoration and tree planting in this area would be a significant improvement to the property by beautifying the landscape and enhancing the environmental conditions. This project expense would replace in priority the Hamlet Park project originally scheduled for 2013 in the PLI program. The Hamlet Park landscaping project was to be completed as part of the expansion /renovation work that was not funded due to the lack of support in the 2012 referendum. The Hamlet project would not be removed from the program, but would be reassigned to another year. Further, it's anticipated the Bike Park Task Force will present a budget of their anticipated construction /operations expenses at the meeting. Emergency Access Staff submitted the bike park concept design to Deputy Chief PJ McMahon of the Public Safety Department in February. PJ has suggested that sufficient access exists via the paved trailway to get emergency vehicles and personnel close enough to the bike park to handle any emergencies that should arise. Liability Review Areas of liability to consider include construction, operations and volunteer services. In this report, you'll find three documents that address liability concerns: 1. Summary of phone conversation with City's loss control agent The League of MN Cities. 2. LMC's BMX Liability Guidelines 3. Cottage Grove Volunteer Insurance Coverage As the project proceeds, it will be important that the City minimize liability potential. Staff will continue to seek professional advice throughout the process. Public Meeting All residents within 500 feet of the proposed bike park have been invited to attend both the Bike Park Open Forum and the Parks Commission Meeting on March 11 to hear more about the project and voice their concerns. A press release was also submitted on March 1 publicizing the project and the opportunity for the general public to be a part of the discussion. The press release was distributed to the City's standard press release contacts. Attached you'll find both the letter to residents and the official press release. Recommendation Provide a recommendation to City Council on the proposed West Draw Bike Park Project. ID Task Name Duration Start Finish Pre( Resource Names I Qtr 1 2013 I Qtr2 2013 Qtr 3 2013 1 Qtr 4, Dec I Jan I Feb . Mar ! A r Ma Jun Jul I Au I Sep Oct i 1 Survey Park 0 days Preliminary Conceptual Design 0 days Final Conceptual Design 13 days? Complete Bell Heimets Grant 0 days CG Park Board Meeting 0 days Open Public Forum 0 days CG Park Board Meeting 0 days CG City Council Meeting 0 days MOU w/ MORC and CG 0 days Clearing and Preparation of Site - 33 days? Stockpiling of Did 12 days? Construction Phase : 55 days? Build Days 55 days? Building Complete 0 days Grand Opening 0 days Sal 1119/13 Sun 1/20113 Sun 1120/13 Wed 2/6113 Mon 2/11/13 Fri 3/1/13 Mon 3!11113 Wed 3/20113 Wed 511/13 Fri 513113 Sat 6!1/13 Mon 6/17/13 Mon 6117/13 Sun 9!1/13 Sat 9/14113 Sat 1119/13 Sun 1/20/13 Tue 2/5!13; Wed 2/6/13 Mon 2/11113, Fri 311113; Mon 3111/13 Wed 3/20113. Wed 5/1113 Sat 6115113 Sat 6/15113 Sun 911/13 Sun 9/1/13 11 Sun 911/13 13 Sat 9/14/13 MORC MORC MORC MORC /CG CG CG MORC MORC + 1/19 1/20 i J MORC ? 2/6 i ® 2/11 3/1 3/11 i _ ♦ 3/20 6/1 I CG CG ' MORC ♦ gry . 9/14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Project: CG BP Schedule Date: Sun 1/20/13 Task Split Progress 0 Milestone ♦ Summary ^ Project Summary ^ External Tasks External Milestone Deadline Page 1 Bike Park Budget Item _ w EstlmValue ,_ tyCost -; dingSpura Dirt 3,000 cubic yards (may be donated based on availability) $3,000 $0 Donated f /other sites Water Extend water line and quick coupler off irrigation system $600 $300 Park Maintenance Picnic Table 3 picnic tables (donated wood tables on concrete slab) $500 $500 Park Maintenance Waste Receptacles Steel drums $0 $0 Park Maintenance Fencing Split rail fencing around perimeter for aesthetics (2 -rail, $9 /ft, 500ft) $4,500 $4,500 Park Maintenance -Rink Savings Site Improvements Restore 9 acres to prairie to encompass and weave natives into bike park Prep includes brushing, mowing, herbicide and burn Additional tree relocation /plantings throughout park $12,000 $12,000 Public Landscape Initiatives Landscaping Forestry Bonding Grant Signage Entry, directional and safety signage (in -house design /labor) $2,500 $2,000 Sign Shop Monument Landscaping Small monument /landscaping bed at bike park entrance $2,500 $2,000 Landscaping Design Paper layout, erosion control mgmt, etc. $5,000 $0 Donated Construction Labor Hand work and machine operation (1,000 hours) $10,000 $0 Volunteers Hand Tools Rakes, shovels, hoes, hose, spray wand $375 $0 Sponsor /grant Storage Box For volunteer tool storage $250 $0 Sponsor /grant Repair Stand Bench with tools for common bike repairs (wrench, screwdriver, etc.) $250 $0 Sponsor /grant Equipment Rental Bobcat, min - excavator, compactor, skid steer, attachments $5,000 $0 Sponsor /grant Fuel For rented machinery $300 $0 Sponsor /grant Corrugated Piping Drain tile $500 $0 Sponsor /grant Skills Area Wood /pine for building for skills area $500 Sponsor /grant TOTAL $47,775 $21,300 W est Draw Park = Mk Park Loca'don Redline Right of Way RR Right of Way -- City Boundary pA, • 1 1I '''I . - tau \i �f / P R V - l , , � 1•. e + , l �� [R�s}�l to :r r 7 " � n ;i W� IM1 t `E + t II RRR 1 E � �". 1'' 111 # t, ': il l 1 ff c � � { C f . 1 7 M } IN ywa: Yt t r t t i . �.r ��rF�� i S'��,, I mo. ��z.+! e�'�'., i r� � t°I�� #� f i�, f� � � ~ •:� - , k , � � � . h' F�` � -• � _ :t �',f� r �= � '� ''�, � � �', �� t �►�� r�, , "� l �� ( t+'� , { I Y i SCALE 1 :6,468 -� 500 0 500 1,000 1,500 FEET http: / /www.stantecportal. net /infraseek _asp /CottageG rove20l 0 /mwfs /Parks. mwf Friday, February 22, 2013 11:10 AM 00 j,EAG OF MINN ESOTA CITIES CONNECTING & INNOVATING SINCE 1913 MU �►1r_�ai►�i�►r�r►�r�1�►�i_�rrPi BICYCLE MOTORCROSS (BMX) FACILITIES INFORMATION & LOSS CONTROL GUIDELINES What is a BMX Facility? A BMX facility is a bicycle motorcross course that provides artificially developed earth structures to be used by bicycle riders. BMX became popular in the early 1970's by imitating motorcycle motorcross racing facilities. Design There are no national standards for constructing a facility. Some design recommendations are: 1. Users should be included in the design process; 2. The ideal location for a facility is in an existing or new park with access to restrooms, drinking fountains and shade trees; and 3. It should not be located in a residential area due to traffic, noise etc. Injuries and liability Injury and liability potential certainly exist for a city with a BMX facility, These potential liability exposures for cities include injuries to users, spectators and bystanders due to: • Negligent design • Negligent maintenance • Negligent supervision • Failure to warn of dangerous conditions What are the options for a municipal government? Local governments have several options for providing a BMX facility including: 1. The city can build a facility and operate it as part of its parks and recreation department, 2. The city owns the facility and an association operates it. 3. The city owns the facility and an association leases the property and operates it. 4. A nonprofit association owns and operates the facility on private property. For the last three options, participants can create a nonprofit association to build and maintain the facility. By leasing (or selling) land to the group to construct and run a facility, the city would be able to transfer liability risk to the association, The contract between the city and the association should contain proper hold harmless /indemnification language and requirements for the group to have proper insurance. This material Is provided as general Information and Is not a substitute for legal advice. Consult your attorney for advice concerning specific situations, LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1298 INSURANCE TRUST ST PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC,ORG LMCIT coverage for BMX Tracks LMCIT covers member cities for general liability when they operate BMX tracks for purely recreational use, at no additional premium. However, if the track is used for racing /competition, then the city must obtain separate insurance from the sanctioning organization such as the American Bicycle Association (ABA). The city should receive a certificate of insurance, have a hold harmless /indemnification agreement, and be named as an additional insured. Loss Control If the city has a BMX track or is considering constructing one, it should consider the following in order to reduce the risks of injuries: Maintenance The city must develop a regular system of maintenance for the facility. This includes periodic inspections. Any dangerous condition should be fixed as soon as possible or a warning device such as a barricade, cone or sign used. Facility rules The city should develop rules to govern the operation of the facility. These could include hours of operation; prohibitions of particular conduct (e.g. no smoking, no profanity, no roughhousing, etc.); types of equipment allowed (BMX bicycles, no scooters, no motorized vehicles, etc.); direction of traffic; no weapons; no glass containers, etc. Signage The rules should be posted in visible locations and be easily understandable. If there is a significant number of users that speak a different language, have signs in their language. Use pictographs, if feasible. There should also be warning signs for any risks the city knows about and cannot eliminate. You wouldn't put up a warning sign for something that is part of the sport but you would if there is an unusual risk that is not obvious. It is better to warn of the particular risk than to say "Use at Your Own Risk ". Supervision Will this facility be supervised or unsupervised? If unsupervised, the city should still have a plan for periodic enforcement of the rules by police or parks' employees. Employee training If it is supervised, the employees should be given basic training on the rules of the facility and what their role is in enforcement of those rules. They also should be trained on emergency procedures including first aid and incident documentation. The city's bloodborne pathogen policy would also cover this type of a facility. Personal protective gear The city should require riders to use personal protective gear at supervised facilities or strongly recommend its use at unsupervised facilities. Types of gear are: 2 • Helmets • Leather gloves • Long sleeved shirts • Long pants • Close —toed shoes • Elbow pads • Knee pads • Wrist guards Waivers If it is a supervised facility or if races are held, the city should use waivers signed by the participant and the parents if participant is under 18. Waivers may be enforced to dismiss a negligent claim or they can be used to show the assumption of the risk. Documentation Document all actions regarding the facility including maintenance, training, etc. Bicycle Equipment Riders should inspect their bicycle every time before they ride. This would include tightening any bolts or screws and checking to see the frame and forks are in good repair. Generally, a bicycle used on a BMX track should have the following: • No kickstands, chain guards, fenders, reflectors, or brackets • Handlebar grips that cover any metal • Padding on the top tube, stem, and handlebar crossbar • Seat should be fastened securely • Brakes in good working order Spectator safety If the facility will be used for spectators, the city should consider fencing and other safeguards. For More Information When planning a facility, please involve your city's LMCIT Loss Control Consultant. If you do not know how to contact your consultant, call Cheryl Brennan, LMCIT Loss Control Field Services Manager (651 - 215 -4079 or 800 - 925 - 1122). If you have any questions about LMCIT coverage of BMX facilities, please contact your city's underwriter at 651- 281 -1200 or 800 -925- 1122. The American Bicycle Association (480) 961 -1903 www.ababmx.com The National Bicycle League (614) 777 -1625 www.nbl.org Joe Ingebrand 04/09 (Mm Cottage Grove h ere Pride and Y % 05perity Meet To: Parks, Recreation and Natural Resources Commission From: Zac Dockter, Parks and Recreation Director Date: January 29, 2013 Subject: Bike Park Liability Discussion w /League of MN Cities (CG's Loss Control Agent) On February 20, 2013, 1 had a phone conversation with Chris Smith of LMC. This report serves as a summary of that conversation. The conversation began by asking what additional liability concerns the City should be considering during the development, construction or operations of a bike park in the City of Cottage Grove. Most questions were answered in the attached guidelines document. However, the document did not thoroughly discuss the concept of volunteer labor for construction and maintenance so I asked for further information. Chris stated that during the construction phase of the project the City has two options to insure liability. The first option is to claim the volunteers as "City Volunteers" at which point all workplace injuries would fall under the City's volunteer accident plan /coverage. That policy is attached for your review. The second option is to have the group operate under MORC where all injury liability would be passed onto that group with the opportunity for MORC to donate the bike park back to the City upon completion. The second area to consider is end user liability. The City would have the option to contract maintenance and operations to MORC who would then be responsible for its own insurance coverage. This assumes MORC has the ability to carry suitable insurance coverage and name the City as an insured. The second option is to consider all volunteer labor as "City Volunteers ". Under this option Parks and Recreational Immunity Law applies to most incidents and as long as all risks are foreseeable and presented visibly to the general public the City would not be held liable for accident or injury. However, if there are hidden risks that are not open or obvious, there may be a case for filing a claim. Considering these circumstances, it is recommended that the construction and maintenance of the facility be managed as a "City Volunteer" project. This is consistent with past practice of similar projects such as the WAG Farms Dog Park, Adopt -A -Park program and Eagle Scout projects. By maintaining constructing and maintaining the facility as a City owned project it helps to retain control of risks and retain recreational immunity. The key will be for staff to be intricately involved with any volunteer labor to assure that volunteer labor is managed and documented appropriately and risks are minimized. Lastly, should any racing or competition event be held at the bike park, the City should require separate event insurance (naming the City as an insured) be obtained by the sponsoring agency. League ®f Minnesota Cities Insurance Trust Group Self-Insured Accident Plan for Volunteers 145 University Avenue West St. Paul, MN 55103 -2044 (651)215 -4173 Information Page The "City" Agreement No.: VL00016612 COTTAGE GROVE, CITY OF "City" is x City 7516 80TH STREET SO .Joint Powers Entity COTTAGE GROVE MN 55016 -3161 Other (describe) The Agreement is effective from 12:01 a.m. 4/03 /2012 to 12:01 a.m. 4/03/2013 at the "City's' address. 2. Coverage A: Accidental Death Benefit: Principal Sum: $100,000. 3. Coverage B: Permanent Impairment Benefit: Scheduled Benefit -- Maximum Amount: $100,000. 4. Coverage C: Weekly Disability Benefit: $400.00, Waiting Period: 3 .Calendar Days, Maximum Period: . 26-Weeks. 5. Coverage D: Medical Benefit: Maximum Amount $1,000.00 (This coverage is provided only if a "Maximum Amount" is entered). 6. Total Limit of Liability: We will not pay more than $500,000 per accident. If, but for this provision, we would pay more than this amount, then the benefits we will pay to each covered person will -be reduced in the same proportion, so that the total amount we will pay is the maximum amount shown above. 7. The premium for this Agreement will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. 8, This Agreement includes these amendments and schedules: LM5710(01 /10) LM5720(01 /10) Population 34,589 Basic Premium $ 1,000.00 Additional Premium for Optional Medical Benefit $ 450.00 Agent: 06576 Total Premium $ 1,450.00 410741700 WELLS FARGO INSURANCE INC THIS IS NOT A BILL 4300 MARKET POINTE DRIVE SUITE 600 BLOOMINGTON MN 55439 -5455 7j09/2012 LM5710 (08J99)(Rev.1J10 League of Minnesota Cities Insurance Trust Group Self - insured Accident Plan for Volunteers 145 University Avenue West St. Paul, MN 55103 -2044 (651) 215 -4170 Report of Injury to City Volunteer (Do not use a workers' compensation first report of injury form to report injuries to volunteers. Use this form only. Do not use this form to report injuries to employees.) REPORT BY TELEPHONE all cases involvinq bodily iniury necessitating hospitalization? STATE LOCATION OF ACCIDENT (STREET, CITY & STA DESCRIPTION & CAUSE OF DOING? I ON WHAT DATES WAS WORK /ACTIVITY WAS ACCIDENT CAUSED BY YOUR EMPLOYEE? IF "YES ", GIVE EMPLOYEE'S NAME ❑ YES ❑ NO WAS ACCIDENT CAUSED BY ANOTHER PERSON? IF "YES ", GIVE PERSON'S NAME [] YES ❑ NO T NAME OF THAT PERSON'S EMPLOYER ADDRESS: STREET, CITY & STATE OCCURRED? DO ANY LEASES OR CONTRACT YOUR USE OF THESE PREMISES? x y NAMES: ADDRESSES: STREET, CITY &STATE ❑ SING 3S ADDRESS: STREET CITY STATE ZIP CODE PHONENUMBER - �'ZTyyrrc" tea. NATURE & EXTENT OF INJURIES - = "' =' L ..._ Z . NAME OF INJURED VOLUNTEER AGE SS# ❑ MARRIED ❑ SING 3S ADDRESS: STREET CITY STATE ZIP CODE PHONENUMBER - �'ZTyyrrc" tea. NATURE & EXTENT OF INJURIES ` NAME OF DOCTOR OR HOSPITAL ADDRESS: STREET, CITY & STATE BY WHOM IS INJURED VOLUNTEER EMPLOYED? DID INJURED VOLUNTEER I-IAS INJURED LOSE TIME FROM WORK AS RETURNED TO A RESULT OF THIS INJURY? WORK? []YES ❑ NO IMFORI'ANT - READ I) DO NOT DISCUSS CLAIM WITH ANYONE EXCEPT OUR REPRESENTATIVE, 2) REFER ALL PAPERS AND CORRESPONDENCE TO US AT ONCE. 3) REPORT MUST BE SIGNED BY AUTHORIZED REPRESENTA'T`IVE OF CITY. DATE OF THIS REPORT SIGNED TITLE LM 5740 (3/99) League of Minnesota Cities Insurance Trust Group Self- Insured Accident Plan for Volunteers 145 University Avenue Vilest St. Paul, MN 55103 -2044 (651 215 -4170 Report of Injury to city Volunteer (Do not use a workers' compensation first report of injury forth to report injuries to volunteers. Use this form only.. Do not use this form to report injuries to employees.) REPORT BY TELEPHONE all cases involving bodily iniury necessitating hos CITY STATE ZIP (STREET, CITY & t� NAMES: ADDRESSES: STREET, CITY & STATE I E] SINGLE ADDRESS: STREET CITY STATE ZTP CODE PHONE NUMBER }fir 4 NATURE & EXTENT OF INJURIES k r IMPORTANT -READ I) DO NOT DISCUSS CLAIM WITH ANYONE EXCEPT OUR REPRESENTATIVE. 2) REFER ALL PAPERS AND CORRESPONDENCE TO US AT ONCE. 3) REPORT MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OF CITY, DATE OF THIS REPORT SIGNED TITLE LM 5740 (3/99) NAME OF INJURED VOLUNTEER AGE SSA E] MARRIED I E] SINGLE ADDRESS: STREET CITY STATE ZTP CODE PHONE NUMBER }fir 4 NATURE & EXTENT OF INJURIES h P N NAME OF DOCTOR OR HOSPITAL ADDRESS: STREET, CITY & STATE M; = WHOM IS INJURED VOLUNTEER EMPLOYED? DID . INJURED VOLUNTEER HAS INJURED LOSE TIME FROM WORK AS RETURNED TO ' A RESULT OF THIS INJURY? WORK? 1 []YES ❑ NO IMPORTANT -READ I) DO NOT DISCUSS CLAIM WITH ANYONE EXCEPT OUR REPRESENTATIVE. 2) REFER ALL PAPERS AND CORRESPONDENCE TO US AT ONCE. 3) REPORT MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OF CITY, DATE OF THIS REPORT SIGNED TITLE LM 5740 (3/99) League of Minnesota Cities Insurance `Crust Group Self- Insured Accident Plan for Volunteers 145 University Avenue West St. Paul, MN 55103 -2044 (651) 215 -4170 Report of Injury to City Volunteer (Do not use a workers' compensation first report of injury form to report injuries to volunteers. Use this form only. Do not use this form to report injuries to employees.) REPORT BY TELEPHONE all cases DATE OF ACCIDENT A.M. P.M. STATE) `.- NAMES: ADDRESSES: STREET, CITY & STATE NAME OF INJURED VOLUNTEER AGE SSA ❑ MARRIED 5 I E] SINGLE `- ADDRESS: STREET CITY STATE ZIP CODE PHONE NUMBER � r NATURE & EXTENT OF INJURIES IMPORTANT -READ 1) DO NOT DISCUSS CLAIM WITH ANYONE EXCEPT OUR REPRESENTATIVE. 2) REFER ALL PAPERS AND CORRESPONDENCE TO US AT ONCE, 3) REPORT MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OF CITY. DATE OF THIS REPORT SIGNED AGREEMENT NUMBER ZIP CODE I PHONE NUMBER TITLE LM 5740 (3/99) NAME OF INJURED VOLUNTEER AGE SSA ❑ MARRIED 5 I E] SINGLE `- ADDRESS: STREET CITY STATE ZIP CODE PHONE NUMBER � r NATURE & EXTENT OF INJURIES f Fl. NAME OF DOCTOR OR HOSPITAL ADDRESS: STREET CITY & STATE BY WHOM IS INJURED VOLUNTEER EMPLOYED? DID INJURED VOLUNTEER HAS INJURED L LOSE TIME FROM WORK AS RETURNED TO A RESULT OF THIS INJURY? WORK? []YES ❑ NO IMPORTANT -READ 1) DO NOT DISCUSS CLAIM WITH ANYONE EXCEPT OUR REPRESENTATIVE. 2) REFER ALL PAPERS AND CORRESPONDENCE TO US AT ONCE, 3) REPORT MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OF CITY. DATE OF THIS REPORT SIGNED AGREEMENT NUMBER ZIP CODE I PHONE NUMBER TITLE LM 5740 (3/99) o� LEAGUE or. [MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 Group Self- Insurance Accident Plan for Volunteers IMPORTANT Report all volunteer injuries to the office of. The League of Minnesota cities If a volunteer is injured. (1) Assist in obtaining medical attention if necessary. (2) Notify the office listed above. IMPORTANT Please Dead Your ,Agreement! LM 5720 (03/99) (Rev. 1110) LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE, WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1298 LV I SURANCE TRUST ST. PAUL. MN 55103 -2044 TOLL FREE: (800) 925 -1122 WED: WWW.LMC.ORG .onsideration of the deposit of the premium with the League of Minnesota Cities Insurance Trust (herein LMCIT) and in reliance upon .re statement in the Information Page, and subject to all the terms of this agreement and the LMCIT Trust document, LMCIT, acting on behalf of its members, pursuant to their obligations, all acting through the Administrator named in the Information Page made a part hereof, agrees with you, the City named-in the Information Page as follows: General Section A. The Agreement This agreement includes at its effective date the Information Page and all amendments and schedules listed there, It is an agreement of participation between you, the City named in Item #1 of the Information Page, and us, LMCIT, The only agreements relating to this Plan are stated in this agreement and the LMCIT Trust document. The terms of this agreement may not be changed or waived except by amendment issued by us to be part of this agreement, B. Scope of coverage In exchange for the payment of premiums as set in the Information Page, we agree to pay benefits to all covered persons: 1. who suffer injury to the body in any type of accident arising directly from the covered person's participation in a volunteer activity covered by this agreement; and 2. who, as a direct result of the injuries, and from no other cause, suffers a covered loss as described and included in the "Description of Coverage." C. Covered Persons Any city volunteer is covered by this agreement while performing volunteer services for the City named on the Information Page, "City volunteer" includes any person who: a. performs volunteer service for the City as part of an activity or program sponsored and controlled by the City; and b, receives no compensation for those services; and c, acts under supervision and direction of a city officer or employee; and d. is not excluded under Clause 2, below. 2. "City volunteer" does not include any person who is defined by statute to be an employee of the City for purposes of workers' compensation. Unless specifically named on the Information Page, "city volunteer" does not include any person who: a, is acting within the scope of his/her duties as an officer of the City, which includes elected officials and appointed positions with some level of independent decision making ability, or b, performs service from which a personal benefit is derived on premises owned, leased or controlled by that person. Termination of a covered person's volunteer status will not affect a claim for a loss which occurred while that person was covered by this agreement. D. Hazards Covered We will pay the benefits described in this agreement for any accident which occurs while a covered person is participating in service as a volunteer under circumstances meeting the definition of a covered person contained in this agreement, All such service must have been authorized by the City or its authorized agents, Travel to and from the site of the service is not covered by this agreement, This coverage does not include personal deviations by the covered person, "Personal deviation," as used here, means an activity that is not reasonably related to the volunteer service being performed by the covered person or not incidental to that service, A covered person will be presumed to have died, for purposes of this coverage, if the person was in a vehicle which disappeared, sank or was stranded or wrecked in the course of a trip which would be covered by this agreement and the person's body is not found within one year of the accident. E, Accident Defined "Accident" means a specific occurrence, neither expected nor intended from the standpoint of the covered person(s), which causes actual physical injury to the body and arises under circumstances as defined in D "Hazards Covered." Injury to more than one covered person arising out of the same occurrence shall be considered one accident. "Accident" does not include a self - inflicted injury. F. Claim procedures The Administrator will contact the covered person and involved medical providers for information necessary to properly administer the claim and make timely payment of benefits due. The covered person must cooperate by providing requested information promptly. G. Recovery from Others The LMCIT will have the rights of the City and the covered person to recover any payment made under this agreement from anyone liable for an injury covered by this agreement, The City and the covered person must do everything necessary to protect those rights and help the LMCIT to enforce them. the LMCIT will not exercise these rights against any individual or entity who may have liability coverage under an LMCIT plan of self - insurance. A. ]Double Recovery prohibited Benefits paid to a covered person under this coverage will be subtracted from any tort judgment or settlement awarded to that covered person for the same injury. I. Physical Examinations and Autopsy At our expense, we may have a person claiming benefits examined as often as reasonably necessary while a claim is pending. We may also make an autopsy in case of death where it is not forbidden by law. Description of Coverage A. Coverage A: Accidental Death Benefit We will pay this benefit if; I. A covered person is injured while performing one of the voluntary activities described in the Schedule on the Information Page for the City, while covered by this Agreement; and 2. The covered person dies, as a direct result of the injury or injuries, and from no other cause within a year of the accident. The amount of the benefit is the Principal Sum as shown on the Information Page. Benefits under this Coverage will be paid; 1. to the covered person's spouse, if living; or 2. if not, in equal shares to the covered person's living children; or 3. if there are none, to the covered person's estate. The Principal Sum shall only be paid once, regardless of the number of injuries or accidents suffered by the covered person. This benefit shall be paid to the covered person in a lump sum. The right to receive this payment shall accrue only if the covered person survives at least 30 days beyond the day of injury and on the date the Impairment is formally rated and reported by a physician, If the death of a covered person, from any cause, occurs more than 30 days beyond the day of injury, after the impairment was formally rated and reported, but prior to actual payment, any benefit payable under this Coverage shall be paid in the same manner as benefits are payable under Coverage A. C. Coverage C: 'Weekly Disability Benefit We will pay this benefit if: I. A covered person is injured while performing one of the voluntary activities described in the Schedule for the City, while covered by this Agreement; and 2. The person becomes totally disabled as a direct result of the injuries and from no other cause, within 30 days of the accident. B. Coverage B: Permanent Impairment Benefit We will pay this benefit if; I. A covered person is injured while performing one of the voluntary activities described in the Schedule for the City, while covered by this Agreement; and 2. The covered person, as a direct result of the injury or injuries, and from no other cause, incurs a permanent loss of function or use of a bodily member or function. The amount of the benefit shall be equal to the proportion that the loss of function or use of the disabled part bears to the whole body multiplied by the amount aligned with that percentage in the following schedule and limited to the Maximum Amount shown on the Information Page. Percent of Disability Amount 0 -25 $75,000 26 -30 $80,000 31 -35 $85,000 36 -40 $90,000 41 -45 $95,000 46 -100 $100,000 Loss of function or use shall be rated using the Rules promulgated for use in conjunction with the Workers' Compensation Law of the State of Minnesota and generally referred to as Chapter 5223. The version of those Rules in effect on the date of injury will apply to that injury. The amount of this benefit shall be the Weekly Benefit as shown on the Information Page and shall be paid directly to the covered persons. This benefit will begin on the first day after the end of the Waiting Period as shown on the Information Page. At the option of the LMCIT or the Administrator, this benefit may be paid in two - week increments. We will pay the benefit until; I . The covered person is no longer totally disabled; or 2. We have paid this benefit for the Maximum Period -shown on the Information Page; or 3. The covered person dies. A covered person will be deemed "totally disabled" if the covered person cannot do at all the substantial and material duties of that person's primary employment. D. Coverage D: Medical Expense Benefit We will pay this benefit if. I. This optional coverage has been selected by the City and its inclusion under this agreement is indicated by a "Maximum Amount" being entered relative to this coverage on the Information Page; and 2. A covered person is injured while performing one of the voluntary activities described in the Schedule for the City, while covered by this Agreement. We will pay this benefit for the services listed below, which the covered person needs as a direct result of the injury, and from no other cause, within one year of the accident; Inpatient care in a hospital; Medical or surgical treatment by a licensed medical practitioner; The services of licensed or graduate nurses; X -ray examinations; Professional ambulance service from the scene of the accident to the nearest hospital, The treatment must begin not more than 60 days after the accident. _ The amount of this benefit will be the usual and customary cost of these services and payment will be made directly to the medical provider. This benefit will be reduced to the extent that benefits are payable for the medical services under any government program or any law, including any workers' compensation law. We will not pay more than the Maximum Amount as shown on the Information Page for all medical treatment needed as the result of any one accident. E. Total Limit of Liability The Plan's liability under Coverages A through D for any one accident shall not exceed the Total Limit of Liability stated on the Information Page, Premiums A. Premiums The premium shown on the Information Page is an estimate. Final premium will be determined when the agreement ends by using the actual, not the estimated premium basis and the proper classifications and rates that apply. if the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. B. Records You will keep records of information needed to compute premium. You will provide us with copies of these records when we ask for them. C. Audit You will let us examine and audit all your records that relate to this agreement. These records include any and all records relating to volunteer activities. Records may include rosters of volunteer workers, descriptions of their work activities or projects, ledgers, journals, registers, vouchers, contracts, disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the period of this agreement and within three years after this agreement ends. Information developed by audit will be used to determine final premium. Exclusions We will not pay benefits for loss caused by or resulting from: 1. suicide, attempted suicide, or whenever a covered person injures himself/herself on purpose, while sane or insane. 2. war or acts of war, whether or not declared. 3, injury while a covered person is on full -time active duty in any aimed forces. 4. taking part in a felony. 5, travel or. flight in any spacecraft or flight in any aircraft. 6. any bacterial or viral infection that was not caused by an accidental cut, wound, or food poisoning. T any activities that fall within the course of employment of the covered person and for which workers' compensation benefits are payable by any employer. 8. intoxication, whether by -alcohol or other mood altering unprescribed drugs. For purposes of this exclusion, the intoxication need not be the sole or proximate cause. This exclusion will apply if the intoxication can be shown to have contributed to the accident or injury. This is an accident only Agreement. We will not pay benefits for loss caused by or resulting from illness, disease or bodily infirmity. Conditions A. Conformity with State Law If any part of this agreement conflicts with the law of the state of delivery on the date that the agreement goes into effect, then this agreement is amended to meet the minimum requirements of such law. 13. Not in Lieu of Workers' Compensation This agreement is not in lieu of and does not affect requirements for coverage under any Workers' Compensation law. C. Cancellation I. You may cancel this agreement. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this agreement. We must mail or deliver to you not less than 10 days advance written notice stating when cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item #I of the Information Page will be sufficient to prove notice, 3. The period of this agreement will end on the day and hour stated in the cancellation notice. 4. Any of these provisions that conflicts with a law that controls the cancellation of the coverage in this agreement is changed by this statement to comply with that law, 5. If we cancel, final premium will be calculated pro rata based on the time this agreement was in force. 6. If you cancel, final premium will be more than pro rata, It will be based on the time this agreement was in force, and increased by our short rate cancellation table and procedure. D. Notice of Claim If a covered loss occurs, the covered person or that person's representative must provide oral or written notice to the City within 30 days, The City must, in turn, immediately report the loss to the Administrator named on the Information Page, E. Arbitration In the event of any dispute arising under this agreement as between the LMCIT and the City or the covered person claiming benefits under the agreement, such dispute shall be submitted to binding Arbitration. The Arbitration panel shall consist of three members. One shall be appointed by each party to the dispute and the third shall be appointed by those appointees. The parties to the Arbitration proceeding shall each bear such costs as they incur individually and shall share 50150 in common costs unless the panel subsequently orders otherwise, Any Arbitration proceeding under this provision shall be governed generally by Chapter 572 of Minnesota Statutes. F. Accessibility All "cities" who participate in this program are jointly and severally liable for all claims and expenses of the program. The amount of any liabilities in excess of assets may be assessed to the participants when a deficiency is identified. G. Sole Representative The City first named in Item #I of the Information Page will act on behalf of all covered entities to change this agreement, receive return premium, and give or receive notice of cancellation. IN WITNESS WHEREOF, The City agrees to look solely to the League of Minnesota Cities Insurance Trust for reimbursement of all losses, costs and expenses arising under this agreement; and further agrees that in no event shall claim be made or asserted against the revenues or property, real or personal, of the League of Minnesota Cities, Acceptance of this agreement by the City constitutes acceptance of all terms hereof. League of Minnesota Cities Insurance Trust Icy: .� f � Peter Tritz, Its Authorized Representative League of Minnesota Cities Insurance Trust Group Self- Insured Accident Plan for Volunteers 145 University Avenue West St. Paul, MN 55103 -2044 PiG E a Qtr: u 4r g � `J F`�� "" t ACCIDENT PLAN FOR CITY VOLUNTEERS RENEWAL QUOTE The "City" P e Agreement No.: VL00016612 COTTAGE C,rROVE, CITY OF Agreement Period Prom: 4/0312012 7516 80TH STREET SO To: 4/03/2013 COTTAGE GROVE MN 55016 -3161 JUN 21 N12 This is the renewal quotation for the Group Self- Insured Accident Plan for City Volunteers. The renewal quote is based on your expiring coverage; please note that the current accident plan is expanded to include coverage for members of advisory boards and committees. If you desire to continue coverage; please sign and date and return to LMCIT. Accident Plan For City Volunteers (includes coverage for members of advisory boards and committees) X Basic Coverage (No Medical) Premium $ 11 000.00 X Optional Medical Premium $ 450.00 Total $ 1,450.00 Accident Plan For.All Members of Advisory Boards and Committees Only (no coverage for other city volunteers) Basic Coverage (No Medical) Premium $ Optional Medical Premium $ Total $ -If you have any questions, please review the Risk Management Memo on the LMCIT website entitled Accident Coverage for City Volunteers or contact Barb Meyer at 651 -215 -4173 or Liam Biever at 651- 281 -1212. If you need to make a change, see the List of Coverage Options for Accident Coverage for City Volunteers located on the next page. Signature Date WFUS FA"q' f) d J 11041'Nci S(=oirE; , C;c) viP°3� -e QAL ail i'T. Agent: 06576 - 410741700 WELLS FARGO INSURANCE INC 4300 MARKET POINTE DRIVE SUITE 600 . BLOOMINGTON MN 55439 LM5760 (06/00) (Rev. I / 1', FOR IMMEDIATE RELEASE Feb. 26, 2013 City of Cottage Grove For More Information Please Contact: Zac Dockter, Parks and Recreation Director, zdockter @cottage - grove.org, 651- 458 -2808 Your thoughts, please Provide input on bike park proposal Cottage Grove is looking for community input on a proposal to build a bike park within West Draw Park. Residents are invited to learn about the bike park at the Parks, Recreation and Natural Resources Commission meeting on Monday, March 11, at City Hall, 12800 12800 Ravine Parkway S., Cottage Grove. At 6 p.m. there will be a short presentation by the Bike Park Task Force. An opportunity for one - on -one conversations with the Task Force, Commissioners and City staff will follow. At 7 p.m., the Commission will formally review the bike park work plan and make a recommendation to the City Council. Residents may speak at either forum. A successful bike park in Cottage Grove would get more kids and families outdoors and active; be family friendly, safe, clean and well maintained; offer levels of progression; enhance, not detract from, the West Draw Park experience; and provide a social gathering place for bicycling enthusiasts Bike parks are a system of off -road dirt paths with built -in "natural' features that allow for a more dynamic bicycling experience by being able to jump, pump or slalom through the track. They are smaller than mountain bike paths and are built for recreational users of all ages, sizes and bicycling abilities. —30— February 26, 2013 Dear Resident, The Cottage Grove Parks, Recreation and Natural Resources Commission is considering a proposal to build a bike park within West Draw Park. Attached with this letter is a map of the impacted area. Bike parks are a system of off -road dirt paths with built -in "natural' features that allow for a more dynamic bicycling experience by being able to jump, pump or slalom through the track. However, they differ from mountain bike paths in that they are condensed in size. Bike parks are built in a manner that will draw recreational users of all ages, sizes and bicycling abilities. To familiarize you with the concept of a bike park, below are a couple weblink videos (please be advised that most of the bike parks shown are much larger in size than what is being proposed): http: / /vimeo.com /44254238 http: / /youtu.be /82gCzwKiAkE A successful bike park in Cottage Grove should be able to meet the following goals: 1. Get more kids and families outdoors and active 2. Be family friendly, safe, clean and well maintained 3. Offer levels of progression 4. Enhance, not detract from, the West Draw Park experience 5. Provide a social gathering place for bicycling enthusiasts As part of the planning process, the Commission is inviting all neighboring residents to attend the Monday, March 11 Parks, Recreation and Natural Resources Meeting at City Hall. Beginning at 6pm, the Bike Park Task Force will perform a short presentation and then answer questions with the public. This session will allow for more one -on -one conversation with the Task Force, Commissioners and staff. During the regular Commission meeting at 7pm, the Parks Commission will formally review the bike park work plan and make a recommendation to the City Council. Residents may speak at either of these forums. The Commission encourages constructive comments that might guide them in making their final determination. Comments in support of or in opposition to the project are certainly welcome as are points of concern /consideration. If you are unable to attend either meeting, you may also send your comments to me for forwarding to the Commission. Please call if you have any questions or concerns prior to the meeting. Sincerely, Zac Dockter Parks & Recreation Director zdockter @cottage- grove.org 651- 458 -2808