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Home My WebLink About2013-06-05 PACKET 04.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/5/13 . . PREPARED BY Parks and Recreation Zac Dockter ORIGINATING DEPARTMENT DEPARTMENT HEAD ****�**�***************��*�***�*�*************** COUNCIL ACTION REQUEST Consider authorizing Memorandum of Understanding with Minnesota Off Road Cyclists for volunteer services in constructing and maintaining the West Draw Bike Park. STAFF RECOMMENDATION Authorize Memorandum of Understanding with Minnesota Off Road Cyclists for volunteer services in constructing and maintaining the West Draw Bike Park. BUDGET IMPLICATION: $0 BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ DATE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS $0 ACTUAL AMOUNT APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � � �� -? Date *********************�************************** H:\Bike ParklAction Form-MOU with MORC.doc MEMORANDUM OF UNDERSTANDING BETWEEN THE Cottage Grove, MN AND THE MINNES�TA OFF-ROAD CYCLISTS Coitage Grove 6ike Park - City of Cottage Grove, MN INTRODUCTION AND PURPOSE The City of Cottage Grove, MN and the Minnesoia OEf-Road Cyclists (MORG} are interested in promoting off-road cycli�g as an oufdoor recreation and fitness aclfvity. MORC and the City of Gottage Grove will partner in developing and maintaining quality trails and bike parks for off-road cyciisls of al{ abilliy tevels at West Draw Park. This memorandum identiffes specific proJects, including the desi9n and construetion of bike park features, bike park mainienance, and mountain bike patrol acUvities, which MORC volunteers have agreed to provide as service to the City of Cottage �rove, establishes the responslbilifies and condiUons under whiah ihai volunteer servfce will be provfded, and delineates the responsibilities of the Clty of Cottage Grove. SCOPE aF THE AGREEMENT Ownership of Improvements All improvements, construcfed on City of Cottage Grove park property, shall be, and remaln the properly of the City of Cottage Grove. All materials, Including records, data, and oYher 1nFormation acquired, devetoped or documented under ihis MOU shall be the property of the originating paRy, unless othenxise mutualiy agreed upon by boih pariies. • The MORC agrees to maintain all data received from the Ciry in the same manner as the City as required underthe Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Term of Agreement The term of this MOIi shall start April 1, 2U13, and extend through Dscember 31, 2013. The City of Cottage Grove and MORC can subsequently agree to extend this agreement on an annual calendar year basis with ihe approval of both parQes. MORC Volunteers Volunteers assigned to work under lhis agreement at the Colkage Grove Bike Park are voluntesrs of MORC and are covered under the policies and procedures of MORC in relation to volunteer organization and management, Volunteers are not employees of or individual volunteers of the City of Cottage Grove, hoevever they will recelve iralning ena6ling them io represent ihe retationship between MORC and ihe Ciiy of Coitage Grbve. MOFtC Responsitiitities 1. Provide technical support to the Clty of Coltage Grove in determining ihe locaiion and design of technical features, berms, rollers, and jumps #or ihe BiKe Park, consistenf with the planned abiliry level of blke parks in accordance with ihe International Mountain Bike Assooiation {IMBA) guidelines. � 2. Provide and supervfse vofunteers in the consiruction oF approved technical features, berms, rollers, Jumps and alignment ahanges. , • UOlize tools owned by MORC and the Ciry of Cotfage Grove tools that may be made available by ihe designaied Ciiy of Cottage Grove Maintenance or Parks Supervisor. • Techntcai features, berms, jumps and alignment changes must conform to IMBA guidelines and the City oF Cottage Grove approved designs. • 7rain and supervise voluntee�s in appropriate construciion techniyues fn accordance with IMBA guidelines. ' • ldentify a crew leader and submit name to the designated the City of Cottage Grove Park Maintenance Supervisor. � • Coordinate work schedule and on-slte public noiification, when needed, with the designated Park Maintenance Supervisor. I � • MORC volunteers may use bikes In the on-siie planning and testing of technical features, herms, rollers and Jumps prtor to oHfcial bike park , opening as coordinated with the Park Mainienance Supervisor. 3. Provide volunteers to assist with the inspection and hand-work maintenance of the trail. • Seasonally submif a schedule identifying minimum iimeiable for park observation/inspectlon to fha City of Cottage Grove for approval. • Ensure ihat all volunteers have received training in bike park inspection and malnienance responsibilitiea as well as an orientation {o the City of Cotiage Grove. • MORC volunteers are authorized to scuipt andlar remove dirt as need throughout the bike park. • Perform rouiine maintenance activities. In the event ihat MORC is unable io safeiy and prompity address an ideniified issue that may cceate an unsafe situation, lhe MORC volunteer should notify the Ciiy of Cottage Grove Maintenance Supervisor on duiy. G. Work with the City of Cottage Grove in developfng a rouiine Inapection fog report sheet for use by volunteers for ihe regulariy acheduled inspeciions that will.identify desired items for inspection and implement ihe use of this repoft sheet in the regular inspection of 61ke park. • Copies of repofts should bs su6miited to the City of Cottage Grove Parks Ma(ntenance Supenrisor. 5. Prior ta making any bike park, pumptrack or dirt ]ump alignment changes, submit recommendailons to the City of Goitage Grove for any significant alignment changes that may contempfated by MORC in carrying out fhe volunteer duties as outlined in the MOU. Changes that do not need the Cify of Cotlage Grove approvai are within 5 feet of the existing jump ifne centeriines and shofter 20 feet in lenglh. 6, Recommend to the City of Coitage Grove for consideratfon ihe iypes, location and language for jump tinelpump irack dlreciional, cautionary and Informational signs and Install (tf requeste'd by the City of Cotlage Grove). _ 7. A designated MORC representative(s} may make recommendations to the City of Cottage Grove's Mafntenance Supervisor as to when to close and re-open the bike park due to poor conditions or other unforeseen circumstances obsarved during bike patrol or maintenanee acilvities. S. Prbvide traii palrol volunteers (Ambassadora) as an optional service to assfst In monitoring blke park aciivities and providing assistance to bike park users. • MORC may provide volunteers identified and trained by MORC as trail patrollers to ride and monitor the bike park. + Trail patrollers can offer assisiance to bike park users within the scope of their trafning and vofunteer atatus under MORC. • Trail patrollers should cail 9i 1 for emergency asaistance. To contacE Ihe Ciiy of Cottege Grove Public Safety specifically for non-emergency situatfons such as, to report suspicfous activity, uncooperative behaviors, or unauthodzed bike park use, ca[I sit and request to ba put in coniaet wiih Gity of Coitage Grove Publlc Safety Officer. • Traif patrol should be communfcated In advance to tha City of Coitage Grove's Parks Operations Supervisor. • Provide ihe City of Cottage Grove with summary 61ke park saFeiy reports as generated by MORG volunieer trail patrol. 8. Hold Harmless Agreement � Each party agrees that it will be responsible for ifs own acts and the results thereof and shali not be responsible for the ac#s of the other party and the resuits ihereof. Each party; �herefore, agrees that ft will assume all risk and liabifity io itself, its agents or employees, For the injury to persons or propeRy resulting in any manner from the conduct pf ifs oam operations, and the operation of its agents or empbyees under this agreement, for any loss, cosi, damage, or expense resutting ai any time from any and all causes due to any acts or acts of negligence, or ihe fallure to exercise proper precautlons, of or by ItselF or its own agents or fts own employees, while occupying or visiting the premises under anq pursuant to the agreement. • The MORC agrees to defend and indemnitythe Ciry, and Its offiCers, employees, and a�ents, from and against all clatms, damages, losses, and expenses, 3nclading attorney fees, arising out of ar resultingfrom the MORC's performance or failureto perform its o6ligations underthis Agreement; but only to the extent eaused in whple or in part by the negligent acts, errors, oromissions ofthe MORC or anyonefarwhose acts the MORC may be Ifable. • The City agreas to defend and (ndemnifythe MORC and its offlcers, employees, and agents, ftom and agalnst all clalms, damages, losses, and expenses, including attorneyfees, arising out of or resulting f�om the C(t�s performance oriallure to perform its obligations underthis Agreement; but onlyto the extent tdused in whole or in part by the negligent acts, errors, or omissions of the City or anyone for whose acts the City may be Iiable, • Nathing in this agreementshall constftute a watver ofthe seatutory limits on Ilabflitysetfarth in Minnesota Statutes Chapter q66 or a wafver of any available immunities or defenses forthe City. 9. Insurance Pr(or to execution of thia agreement by Cottage Grove, MORC shall fumish Coflage Grove with a properly executed cerifflcaie of insurance nam(ng the City of Coltage Grove as an insured and provide that such insurance sha0 not ba canceled, except on 30 days prior written notice to Cottage Grove. MORC must maintain a minimum of $1,000,000 in commercial general IiabilHy insurance. 10. MORC may not Inierfere with the enjoyment of park users and must abide by Ciry of Cofiage Grove Ordfnances. C1TY OF COTTAGE GROVE RESPONSIelLIT1ES: 1. To revlea� and approve design and implementation plans for all agreed to volunteer activiUes. 2. To provide materlais, to be used in the construction of apprqved lechnical features, dirf jumps, rollers and pumptrack features. 3. To loan hand-tools for construction and rnainfenance activities, upon request and approval of designated by the City of Coitage Grove Park Mainienance Supervisor, if available. 4. To provide City of Cotlage Grove maintenance siaff support for approvad work on a schedute agreed to By fhe City of Cottage Grove Park Maintenance Supervisor. 5. To review and approve recommended technical feature designs, jumps, rollers and pumptrack feature construction schedules and bike park maintenance schedules. 8. To recognize MORC's contributlons for blke park design and construction and volunteer maint�nance, support in appropriate slgnage at an appropriate location in a manner approved by the City of Coitage Grove and to be coordinated ihrough ihe Park Operations Supervisor. 7. To display a message about the MORC organization and event oppoftunities in manner approved by the Ci(y of Coitage Grove at a lacaifon approved by the designaied Park Operatlons Supervisor. � 0 8. To authorize MORC to have an informational displayJbooth at the tratihead up to six times per year for ihe purposes of providing informatian about MORC memberships and mountain biking events, as approved and coordinated with the C(iy of Coftage Grove Facil(ty Oparatlons Supervisor. Informational displays may also be approved for fhe City of Cottage Grove permitted bike partc events. Requests for a permit for. direct financlal solicitation (membershfp sales} must be approved in advance by the Gity of Coriage Grove Board oE Commissioners. - 9. To noiify MORC of bike park closures or events which affect the use of the bike park for poaiing on the MORC web site. Terminatfon of Agreement This MOU may ba terminated by efther party upon delivery of 3Q•day written nottc.� to the other party, Amendment of Agreemen! This MOU shalt not be altered, changed or amended except by written muival agreement of the parties MpRC Contaafs Reed Sm3dt, Presidenf Chancs Glasford, Bike Park Sieward PO Box 19620 Ceii: 805-216-5876 Mfnneapolis, MN 65419-0520 cglasFordCc�gmail.com Cell; 763-232-2688 p res iQentCa2morcmt b. ora City of Cottage Grove Contacts Park Maintenance Supervisor Park Operations Supervisor p�� Office: CeIL• Ceil: EmaiL• Email: Maintenance Supervisor On-DUty Nights and Weekends Contact Ph: MOU Administration Name: Address: Ph: Emaii: IN WITNESS WHEREOF, ihe parties have entered inio ihis Memorandum of Understanding as of thls day of , 2U13. Clty of Cottage Orove Mlnnesota Off-itoad Cyclists 12800 Ravine Parkway Souih PO Box 19520 Cofiage Grove, MN b5122 Minneapotls, Minnesoia 5541a-o520 By: gy; / tc� '' Tiile: 7iile: �c"G SI G�2 c'i "+' Attest: By: Title: Altest: i � � CERTIFICATE OF LIABILITY INSURANCE I � DnTE(,MM'DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RJF Hayward 15954 Rivers Edge Drive #203 Hayward WI 54843 INSURER A : INSURED Minnesota Off-Road Cyclists PO Box 19520 Minneapolis, MN 55419 �,�►� ��1� NAIC # GUVEKAGES cERT�F�c,4Te NuMaeR:1134551551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMlDD/YYYY MMIDDlVYYY LIMITS A GENERAL LIABILITY NY12CGL0960821C 10/15/2012 0/15/2013 EACH OCCURRENCE ^ y1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaoccurcence $50,000 CLAIMS-MADE � OCCUR MED EXP (Any one person) yExclUded PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE �2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG 52,000,000 POLICY PR � LOC Absue gExcluded AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY (Per person) $ ALl OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS HIREDAUTOS NON-OWNED PROPERTYDAMAGE � AUTOS Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE ^� DED RETENTION S g WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILIN Y � N O L E ANY PROPRIETORlPARTNER/EXECUTIVE ❑ N � A E.L. EACH ACCIDENT ^� OFFICERlMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is included as Additional Insured as required by written contract or agreement limited to the General Liability coverage. ��:irin�_rr�:�.»»:a City of Cottage Grove 12800 Ravine Parkway S Cottage Grove MN 55016 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT�HO IZED REPRE ENTATIVE 9 �� O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The AGORD name and logo are registered marks of ACORD