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CC SR 20240716 E - Run for Myles CITY COUNCIL MEETING DATE: 07/16/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to enter into a Memorandum of Understanding (MOU) between the City of Rancho Palos Verdes and “Run for Myles” to co-host a non-profit event. RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor to execute an MOU between the City of Rancho Palos Verdes and Run for Myles to co-host a non-profit 1k, 5k, and 10k race event on September 28, 2024, in a form approved by the City Attorney. FISCAL IMPACT: There is no” cost for entering into the MOU. Costs for the event will be paid by Run for Myles” organization, with the exception of staff time already budgeted in the City’s operating cost to support the event, and the waiving of the Special Permit Fee. Proceeds from the event will be donated to the City for the purpose of parks and trails preservation. Last year, the event raise approximately $35,000 for the City’s parks and trails. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Cheri Bailiff, Permit Technician REVIEWED BY: Daniel Trautner, Deputy Director of Recreation and Parks APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. 2024 Memorandum of Understanding between the City of Rancho Palos Verdes and the Run for Myles Non-Profit Event (page A-1) B. Run for Myles Route and Event Information (page B-1) C. 2023 Memorandum of Understanding between the City of Rancho Palos Verdes and the Run for Myles Non-Profit Event (page C-1) BACKGROUND AND DISCUSSION: Myles Helm, a resident of Rancho Palos Verdes, enjoyed the parks and trails of the City of Rancho Palos Verdes. Mr. Helm completed numerous races, including two Ironman 1 World Championships and over 60 marathons, 20 of which he ran in Rancho Palos Verdes. To commemorate Mr. Helm, the Helm family formed a non-profit organization, Run for Myles (Organization). Representatives from the Organization approached the City of Rancho Palos Verdes in 2022 about co-hosting an inaugural 1K, 5K, and 10K road race event in 2023. An Agreement for that event was approved by the City Council on August 15, 2023 (Attachment C). That event, which featured 1K, 5K, and 10K running events was held on September 9, 2023 as part of the City’s 50th Anniversary celebration. $35,000 in event proceeds were donated to the City for the preservation of parks and trails. Following the success of the inaugural event, Organization and City Staff discussed co-hosting the event again on September 28, 2024. The terms and obligations between “Run for Myles” and the City in cohosting the proposed September 28, 2024 running event are included in the Memorandum Of Understanding (MOU) developed by the City Attorney (Attachment A). The MOU outlines obligations and costs to be fulfilled by “Run for Myles”: • Administration and operation of the event. • Preparation of a traffic control plan, and implementation of traffic control and crowd control measures. • Procurement of liability insurance. • Payment of all fees associated with the event. • Implementation of the conditions provided in the City’s Special Event Permit. The MOU also outlines obligations to be fulfilled by the City: • Provide space for the event and access to the Point Vicente Interpretive Center and Rancho Palos Verdes’s Ken Dyda Civic Center. • Provide review of traffic control plans and special permit applications as submitted by “Run for Myles”. Lastly, the MOU requires all proceeds from the event to again be donated to the City for the purpose of preservation of parks and trails in the City. Registration and event information can be found at https://runformyles.com. The official route and detailed event information are included (Attachment B). CONCLUSION: Staff recommends the City Council approve the attached MOU, as approved to form by the City Attorney, between Organization and the City for co-hosting the RPV’s Run for Myles running event. ALTERNATIVES: In addition to the Staff recommendations, the following alternative actions are available for the City Council’s consideration: 2 1. Do not approve an MOU between Run for Myles and the City for co-hosting the RPV Run for Myles running event. 2. Identify issues or concerns to be addressed prior to approving the MOU and direct Staff to return at a future date. 3. Take other action, as deemed appropriate. 3 01203.0001/991849.1 MOU Page | 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND RUN FOR MYLES FOR RPV’S RUN FOR MYLES 1K, 5K, AND 10K EVENT This Memorandum of Understanding (“MOU”), is made and entered on July 16, 2024 (“Effective Date”), by and between the City of Rancho Palos Verdes (“City”), a California municipal corporation, and Run for Myles (“Organization”) a non-profit 501(c)(3) organization located at 26 Pepper Tree Lane, Rolling Hills Estates, 90274. The City and the Organization may be referred to collectively or individually as “Parties” or “Party.” RECITALS A. Myles Helm was an individual who completed races including two Ironman World Championships and over 60 marathons, 20 of which he ran in Rancho Palos Verdes. B. The Parties seek to commemorate Myles Helm by co-hosting a 1k, 5k, and 10k running event on September 28, 2024 (“RPV’s Run for Myles” or “Event”). Participating in the Event will contribute to preserving parks and trails in Rancho Palos Verdes. All proceeds from the Event will go directly to the City for the purpose of preserving the City’s parks and trails. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Term. This MOU will remain in effect and can be renewed annually from the Effective Date, subject to Section 6, below. Section 3. Parties’ Obligations. A. Organization’s Obligations. 1. Organization will provide all necessary services not explicitly provided by the City, and may do so through third party providers, at its discretion. 2. Organization will organize RPV’s Run for Myles; a 1k, 5k, and 10k run to take place on September 28, 2024 for the purpose of honoring Myles Helm and to raise funds for the City’s parks and trails. Between 500 and 1,000 people are anticipated to participate. The event kicks off at 7 AM with registration open to the public for check-in. At 7:45 AM, announcements are made, and a warm-up session takes place to prepare participants. The 10K race begins at 8 AM, followed by the 5K race at 8:15 AM, and the A-1 01203.0001/991849.1 MOU Page | 2 1k race at 9:45 AM. Afterward, at 10:15 AM, there will be announcements and awards to recognize outstanding participants. The race will begin at 31501 Palos Verdes Drive West, Rancho Palos Verdes, CA 90275, and will end by 12:30pm. The Organization is responsible for all organizational aspects of the event, including prompt cleanup, which shall be completed no later than 1:00pm of the event day. 3. Organization will temporarily place caution tape along a route along a scenic view of the City; the location is more particularly depicted in Exhibit “A”. Organization’s route will circulate for a 1 kilometer, a 5 kilometer, and a 10 kilometer area around the City. Organization shall be solely responsible for the purchase and maintenance of the caution tape, and shall ensure that it is maintained in a good and clean condition. Organization shall only remove the RPV’s Run for Myles 1k, 5k, and 10k caution tape at the request of City, which request shall be made based on good cause. The caution tape shall not otherwise be removed unless the caution tape constitutes a danger to the public health and safety. 4. Run for Myles and A5 Events shall each maintain event liability insurance in the amount of $1,000,000 in Commercial General Liability (per occurrence), $2,000,000 in General Aggregate, $1,000,000 in Automobile Liability (per accident for bodily injury and property damage), and $1,000,000 Liquor Liability or Liquor Legal Liabilities (per occurrence). 5. RPV’s Run for Myles shall only temporarily interfere with the operation of the public roadway. 6. Organization shall pay all fees associated with the event including but not limited to: Sheriff Department fees, rental fees for parking lot(s), staffing fees, Point Vicente Interpretive Center Lawn Area rental fees. 7. Organization shall submit a Special Event Permit application including event liability insurance in the amount specified above. 8. Organization shall submit a Traffic Control Plan for City acceptance as part of as part of the Special Event Permit application in advance of the event. Organization shall implement the accepted Traffic Control Plan and shall be responsible for all costs associated with preparation, review, acceptance, implementation, and all associated and related costs of the Traffic Control Plan. Organization will provide personnel, materials, and equipment to implement and manage traffic control for the duration of event according to the Traffic Control Plan accepted by the City. Organization shall provide all necessary resources. 10. Organization shall contact the Los Angeles County Sheriff’s Department to provide emergency services including police. 11. Organization shall provide waste receptacles. A-2 01203.0001/991849.1 MOU Page | 3 12. Organization shall provide custodial support. 13. Organization shall provide portable restroom facilities and portable sinks. 14. Organization shall provide event security and crowd control. 15. Organization shall provide a Stage and a Sound System for participating bands. 16. Organization shall provide staff to manage parking. 17. Organization shall provide shuttle service through Palos Verdes Transit between parking lots and race venue. 18. Organization shall obtain a permit for tents and structures by coordinating with the Los Angeles County Fire Department. B. City Obligations. 1. City shall provide space for the temporary placement of the caution tape in the public roadway, as depicted in Exhibit “A”, at no charge to Organization 2. City shall provide access to Point Vicente Interpretive Center lawn area for a fee to Organization. 3. City shall provide parking at the Point Vicente Interpretive Center parking lot for a fee to Organization. City shall provide parking at Rancho Palos Verdes City Hall to Organization. 4. City shall review and the Traffic Control Plan submitted with Organization’s Special Event Permit. Upon Organization completing all Traffic Control Plans to the satisfaction of the City, the City shall accept the Traffic Control Plan. Section 4. Indemnification; Release. Organization must indemnify, defend and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers (“City Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to the performance of this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the City Indemnitees. Section 5. Termination; Withdrawal. This MOU may be terminated upon a 60- day notice written request of either Party. Section 6. General Provisions A. Notices. Any notices, invoices, or reports relating to this MOU, and any A-3 01203.0001/991849.1 MOU Page | 4 request, demand, statement, or other communication required or permitted hereunder must be in writing and be delivered to the representatives of the Parties at the addresses set forth below. The Parties shall promptly notify each other in writing of any change of contact information, including personnel changes. City of Rancho Palos Verdes Attn: Ara Mihranian, City Manager 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 email: aram@rpvca.gov Run for Myles Attn: Jill Helm 46-E Peninsula Center Dr. #390, Rolling Hills Estates, Ca 90274 email: runformyles501c3@gmail.com B. Relationship of the Parties. The Parties are, and will at all times remain as to each other, wholly independent entities. No Party to this MOU will have power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a Party will be deemed for any purpose whatsoever to be an agent, employee, or officer of another Party. C. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by both Parties. D. Law to Govern. This MOU is governed by, and will be interpreted, construed and enforced in accordance with the laws of the State of California. E. Severability. If any provision of this MOU is to be determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. F. Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect to the subject matter of this MOU. G. Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. H. Counterparts. This MOU may be executed in counterparts, each of which will be an original, but all of which taken together will constitute one and the same instrument. I. The Parties have been represented by counsel in the preparation and A-4 01203.0001/991849.1 MOU Page | 5 negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the Parties and will be rectified by amending this MOU as described in Section 6(C). [Signatures on following page.] A-5 01203.0001/991849.1 MOU Page | 6 The Parties have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties: “CITY” CITY OF RANCHO PALOS VERDES, a municipal corporation By:_________________________ John Cruikshank, Mayor “ORGANIZATION” RUN FOR MYLES, a 501(c)(3) nonprofit corporation By:_________________________ _________________, President ATTEST By: _________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM Aleshire & Wynder, LLP By:_________________________ Elena Q. Gerli, City Attorney A-6 01203.0001/991849.1 MOU Page | 7 EXHIBIT “A” RPV’S RUN FOR MYLES 1K/5K/10K MAP A-7 B-1 MOU Page | 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND RUN FOR MYLES FOR RPV’S RUN FOR MYLES 1K, 5K, AND 10K EVENT This Memorandum of Understanding (“MOU”), is made and entered on August 15, 2023 (“Effective Date”), by and between the City of Rancho Palos Verdes (“City”), a California municipal corporation, and Run for Myles a non-profit 501(c)(3) organization (“Organization”) located at 26 Pepper Tree Lane, Rolling Hills Estates, CA, 90274. The City and the Organization may be referred to collectively or individually as “Parties” or “Party.” RECITALS A.Myles Helm was an individual who completed races including two Ironman World Championships and over 60 marathons, 20 of which he ran in Rancho Palos Verdes. B.The City of Rancho Palos Verdes is celebrates its September 7, 2023 50th anniversary on September 9. 2023. C.The Parties seek to commemorate Myles Helm and the City’s 50th anniversary by co-hosting a 1k, 5k, and 10k running event on September 9, 2023 (“RPV’s Run for Myles” or “Event”). Participating in the Event will contribute to preserving parks and trails in Rancho Palos Verdes. All proceeds from the Event will go directly to the City for the purpose of preserving the City’s parks and trails. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Term. This MOU will remain in effect and can be renewed annually from the Effective Date, subject to Section 6, below. Section 3. Parties’ Obligations. A.Organization’s Obligations. 1.Organization will provide all necessary services not explicitly provided by the City, and may do so through third party providers, at its discretion. 2.Organization will organize RPV’s Run for Myles, a 1k, 5k, and 10k run to take place on September 9, 2023 for the purpose of honoring Myles Helm and to raise funds for the City’s parks and trails. Between 500 and 1,000 people are anticipated to C-1 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 2 participate. The event kicks off at 7 AM with registration open to the public for check-in. At 7:45 AM, announcements are made, and a warm-up session takes place to prepare participants. The 10K race begins at 8 AM, followed by the 5K race at 8:15 AM, and the 1k race at 9:45 AM. Afterward, at 10:15 AM, there will be announcements and awards to recognize outstanding participants. The race will begin at 31501 Palos Verdes Drive West, Rancho Palos Verdes, CA 90275, and will end at 12:30 PM. Organization is responsible for all organizational aspects of the event, including prompt cleanup, which shall be completed no later than 1:00pm. 3.Organization will temporarily place caution tape along a route along a scenic view of the City; the location is more particularly depicted in Exhibit “A”. Organization’s route will circulate for a 1 kilometer, a 5 kilometer, and a 10 kilometer area around the City. Organization shall be solely responsible for the purchase and maintenance of the caution tape, and shall ensure that it is maintained in a good and clean condition. Organization shall only remove the RPV’s Run for Myles 1k, 5k, and 10k caution tape at the request of City, which request shall be made based on good cause. The caution tape shall not otherwise be removed unless the caution tape constitutes a danger to the public health and safety. 4.Run for Myles and A5 Events shall each maintain event liability insurance in the amount of $1,000,000 in Commercial General Liability (per occurrence), $2,000,000 in General Aggregate, $1,000,000 in Automobile Liability (per accident for bodily injury and property damage), and $1,000,000 Liquor Liability or Liquor Legal Liabilities (per occurrence). 5.RPV’s Run for Myles shall only temporarily interfere with the operation of the public roadway. 6.Organization shall pay all fees associated with the event including but not limited to: Sheriff’s Department fees, rental fees for parking lot(s), staffing fees, Point Vicente Interpretive Center lawn area rental fees. 7.Organization shall submit a Special Event Permit application including event liability insurance in the amount specified above. 8.Organization shall submit a Traffic Control Plan for City acceptance as part of as part of the Special Event Permit application. Organization shall implement the accepted Traffic Control Plan and shall be responsible for all costs associated with preparation, review, acceptance, implementation, and all associated and related costs of the Traffic Control Plan. Organization will provide personnel, materials, and equipment to implement and manage traffic control for the duration of event according to the Traffic Control Plan accepted by the City. 9.Organization shall contact the Los Angeles County Sheriff’s Department to provide emergency services including police. C-2 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 3 10.Organization shall provide waste receptacles. 11.Organization shall provide custodial support. 12.Organization shall provide portable restroom facilities and portable sinks. 13.Organization shall provide event security and crowd control. 14.Organization shall provide a Stage and a Sound System for participating bands. 15.Organization shall provide staff to manage parking. 16.Organization shall obtain a permit for tents and structures by coordinating with the Los Angeles County Fire Department. B.City Obligations. 1.City shall provide space for the temporary placement of the caution tape in the public roadway, as depicted in Exhibit “A”, at no charge to Organization. 2.City shall provide access to Point Vicente Interpretive Center lawn area for a fee to Organization. 3.City shall provide parking at the Point Vicente Interpretive Center parking lot for a fee to Organization. City shall provide parking at Rancho Palos Verdes City Hall to Organization. 4.City shall review the Traffic Control Plan submitted with Organization’s Special Event Permit. Upon Organization completing the Traffic Control Plan to the satisfaction of the City, the City shall accept the Traffic Control Plan. Section 4. Indemnification; Release. Organization must indemnify, defend and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers (“City Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to the performance of this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the City Indemnitees. Section 5. Termination; Withdrawal. This MOU may be terminated upon a 60- day notice written request of either Party. Section 6. General Provisions A.Notices. Any notices, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder C-3 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 4 must be in writing and be delivered to the representatives of the Parties at the addresses set forth below. The Parties shall promptly notify each other in writing of any change of contact information, including personnel changes. City of Rancho Palos Verdes Attn: Ara Mihranian, City Manager 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 email: aram@rpvca.gov Run for Myles Attn: Jill Helm 46-E Peninsula Center Dr. #390, Rolling Hills Estates, Ca 90274 email: runformyles501c3@gmail.com B.Relationship of the Parties. The Parties are, and will at all times remain as to each other, wholly independent entities. No Party to this MOU will have power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a Party will be deemed for any purpose whatsoever to be an agent, employee, or officer of another Party. C.Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by both Parties. D.Law to Govern. This MOU is governed by, and will be interpreted, construed and enforced in accordance with the laws of the State of California. E.Severability. If any provision of this MOU is to be determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. F.Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect to the subject matter of this MOU. G.Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. H.Counterparts. This MOU may be executed in counterparts, each of which will be an original, but all of which taken together will constitute one and the same instrument. I.The Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair C-4 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 5 language. Any ambiguities will be resolved in a collaborative manner by the Parties and will be rectified by amending this MOU as described in Section 6(C). [Signatures on following page.] C-5 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 6 The Parties have caused this MOU to b e executed by their duly authorized representatives and affixed as of the date of signature of the Parties: “CITY” CITY OF RANCHO PALOS VERDES, a municipal corporation By:_________________________ Barbara Ferraro, Mayor “ORGANIZATION” RUN FOR MYLES, a 501(c)(3) nonprofit corporation By:_________________________ _________________, President ATTEST By: _________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM Aleshire & Wynder, LLP By:_________________________ William W. Wynder, City Attorney C-6 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F MOU Page | 7 EXHIBIT “A” RPV’S RUN FOR MYLES 1K/5K/10K MAP C-7 DocuSign Envelope ID: D5B8ACFB-F668-4C26-9105-E3042950432F