Memorandum of Understanding Between the City of Encinitas and Exposure Skate for a Community Special Event.

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1 MEETING DATE: June 20, 2018 PREPARED BY: Brian Thill, Recreation Supervisor DEPT. DIRECTOR: Jennifer Campbell DEPARTMENT: Parks, Recreation and Cultural Arts CITY MANAGER: Karen P. Brust SUBJECT: Memorandum of Understanding Between the City of Encinitas and Exposure Skate for a Community Special Event. RECOMMENDED ACTION: Approve a one-year Memorandum of Understanding (MOU) (Attachment 1) between the City of Encinitas and Exposure Skate to provide a major special skate event scheduled Friday, November 2 through Sunday, November 4, STRATEGIC PLAN: This item relates to the Recreation Focus Area promoting active lifestyles and community health by furthering access to trails, parks, beaches and other recreational opportunities. FISCAL CONSIDERATIONS: The fiscal impact associated with the staff recommendation is included in the proposed FY budget. As an event co-sponsor, City expenses include staff time for event permit processing, day of event support logistics (one Recreation Supervisor), event public notice printing and mailing, and staff for a promotional Parks, Recreation and Cultural Arts Department booth at the event. Shared expenses (split 50/50) between the City and Exposure Skate as identified in the MOU is estimated at a total of $1,475 for restroom, recycling, and waste service fees. The City s Special Operations Permit fee of $900 ($300 per day) is non-applicable; however, additional cost recovery fees include approximately $200 for fire inspection paid by Exposure Skate. All other associated event expenditures are absorbed by Exposure Skate. BACKGROUND: The City Council has approved an MOU with Exposure Skate for the past three years that establishes a formal working relationship between the City and Exposure Skate. Both parties have worked cooperatively to provide an Exposure Skate community event at the Encinitas Community Park (ECP) skate park, the first weekend of November. The 2017 Exposure Skate event provided a positive impact Item 08E 1 of 13

2 to the skateboard and broader community at-large, with approximately 2,500 in attendance throughout the day at ECP. Safety gear was required for event participation by all participants and was met with 100% compliance, promoting safe skating practices and education for skate participants and the public. If skaters showed up without safety gear, they were provided gear on loan. Event vendors were also on site promoting safe practices and a positive skating culture through distribution of promotional materials. The event was successful with positive comments received from the public, media, City staff and Exposure Skate organizers, further reenforcing the successful partnership between the Parks, Recreation and Cultural Arts Department and Exposure Skate. Exposure Skate fulfilled the community benefit terms of the MOU, by providing the City with records showing a $10,000 donation to the Community Resource Center s domestic violence program. Exposure Skate also obtained a Commercial Use of Public Recreational Property Permit to conduct free monthly Skate Rising clinics for up to 35 girls in the community, ages 6-18, the second Saturday of each month, from 9:00 11:00 a.m. at ECP. On May 17, 2017, City Council approved 2018 Major Special Events in the City of Encinitas that included the Exposure Skate event for two (2) days: Friday, November 2 and Saturday, November 3, 2018 at ECP. ANALYSIS: The Parks, Recreation and Cultural Arts Department endeavors to work in partnership with organizations such as Exposure Skate, which supports the City s Partnership Policy C032. (Attachment 2) The Parks, Recreation and Cultural Arts Department coordinate s camps, clinics and special events at ECP while taking into consideration the community s desire to have daily access for unstructured, drop-in park use. The skate park is a highly desired feature of ECP and Exposure Skate has successfully complied with the Encinitas Municipal Code requiring skaters to wear safety gear including elbow pads, knee pads and a helmet, further promoting positive use of the skate park MOU The 2018 Exposure Skate event is scheduled at ECP for Friday, November 2, 2018, 12:00 p.m. to 5:00 p.m., Saturday, November 3, 2018, 9:00 a.m. to 5:00 p.m. and Sunday, November 4, 9:00 a.m. 4:55 p.m. with skating ending at 3:30 p.m. This event is free to the public and there is no entry fee for the amateur and pro skateboarding competitors. Local female skaters and skaters from around the world come to Encinitas to compete and showcase their talent. The event also includes food trucks, a vertical ramp, learn-to-skate and yoga clinics, silent auction, opportunity drawings, autograph signings, educational booths and a Parks, Recreation and Cultural Arts Department promotional booth. The event is expected to attract positive media coverage and up to 3,000 residents and tourists throughout the event. This event will not close any streets; however, anticipated attendance will result in the need for additional off-site parking with shuttle service. The 2018 event will comply with the Mitigation, Monitoring and Reporting Program for sound, parking and operational hours, as stated in the Environmental Impact Report (EIR) for ECP. The MOU states Zero Waste Event Strategies for the City and Exposure Skate including: Educate vendors/exhibitors on zero waste requirements Provide refillable water station(s) Provide and identify recycling and trash containers on venue site map, 1:1 ratio minimum Post recycling container signs identifying acceptable recycling materials Item 08E 2 of 13

3 Use of reusable products as a first choice or recyclable products as a second choice Minimize use of single package products (e.g. individual packets of ketchup) Use no single-use plastic bags Use no polystyrene products Plastic straws on demand only Exposure Skate expects to raise a minimum of $10,000 for this year s event, benefitting the Community Resource Center s Carol s House and the San Diego Domestic Violence Council. Exposure Skate will provide to the City confirmation of the stated community benefit no later than 60-days following the 2018 event dates. Documentation may include receipts, letters of acceptance, or other documents substantiating the provided benefit. Exposure Skate agrees to keep true and accurate books and records and agrees to make all such records available to the CITY upon request. Exposure Skate will plan, coordinate, schedule, supervise, prepare promotional materials and operate the Exposure Skate event. Exposure Skate will be responsible for promoting the event to include City of Encinitas branding in all associated flyers, posters, press releases, social media platforms, print and web advertisements. Additionally, the City will promote the event on the Encinitas website, social media platforms, and post flyers and banners. City staff will assist with event logistics, promotions and provide a staff liaison to communicate with Exposure Skate for day-of-event coordination, as well as staff the Parks, Recreation and Cultural Arts Department booth. Additionally, Exposure Skate will obtain a Commercial Use of Public Recreational Property Permit, to conduct free monthly Skate Rising clinics for up to 35 girls in the community, ages 6-18, the second Saturday of the month, 9:00 to 11:00 a.m. and quarterly free adult womens skate clinics at the ECP skate park. These programs build upon the annual event s goal to outreach and support local female skater experiences and promote use at the skate park throughout the year. Women skate clinic participants will be asked to bring donations or provide services that benefit local women s support organizations. ENVIRONMENTAL CONSIDERATIONS: The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project under Section 15378(b) (5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. This item is not related to the Climate Action Plan. ATTACHMENTS: 1. MOU between City of Encinitas and Exposure Skate 2. City of Encinitas Partnership Policy C Item 08E 3 of 13

4 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN The City of Encinitas, hereinafter referred to as CITY, and the Exposure Skate, hereinafter referred to as EXPOSURE Skate, enter into this Memorandum of Understanding (MOU) for the express purpose of providing a community special event November 2-4, 2018 at Encinitas Community Park. I. PURPOSE The purpose of this MOU is to establish a formal working relationship between the parties, based on the CITY and EXPOSURE Skate desire to work cooperatively to provide a community event that includes the EXPOSURE Skate 2018 Event taking place November 2 4, 2018, with year-round support for related community activities to be agreed upon by both parties. II. DESCRIPTION OF SPECIAL EVENT SERVICES CITY and EXPOSURE Skate desire to work cooperatively to provide a community special event that includes, but is not limited to, the EXPOSURE Skate 2018 and support throughout the year with related community activities to be agreed upon by both parties. A. CITY will: 1. Provide the event venue, Encinitas Community Park (ECP). Permit fee is non-applicable. 2. Assist EXPOSURE Skate with the Mitigation, Monitoring, and Reporting Program for ECP. 3. Provide resident and business notification for EXPOSURE Skate Post a street traffic board on Santa Fe Drive and parking impact signage in the park. 5. Provide staff and logistic oversight for event set-up, operations and breakdown for Friday, Saturday, and Sunday. 6. Provide a staff liaison to communicate with the EXPOSURE Skate event staff, Sheriff s Department and event security for pre-confirmation of services and for day of event coordination. 7. Promote EXPOSURE Skate 2018 on Encinitas website, recreation guide and social media. 8. Schedule trash and litter pickup of event areas. 9. Provide ambulance services as an in-kind sponsorship for Friday and Saturday 9:00 a.m. 5:15 p.m. and Sunday 9:00 a.m. 3:45 p.m MEMORANDUM OF UNDERSTANDING BETWEEN 1 6/21/ Item 08E 4 of 13

5 ATTACHMENT Provide in-kind City equipment loans for the EXPOSURE Skate event with city banner space and the use of the Parks, Recreation and Cultural Arts Department sound system and sound study. B. EXPOSURE Skate will: 1. Plan, coordinate, recruit staff and volunteers, schedule, supervise, prepare promotional materials, market event and operate the EXPOSURE Skate 2018 event. 2. Include CITY Parks, Recreation and Cultural Arts branding in all associated flyers, posters, press releases, and social media, print and web advertisements. 3. Provide water buffalo for event attendees, minimizing use of single-use, plastic water bottles. 4. Contact the Sherriff Senior Volunteer Patrol for additional volunteer security and traffic control for Friday, November 3, 1:00 to 5:00 p.m., Saturday November 3, 8:00 a.m. to 6:00 p.m. and Sunday, November 4, 8:00 a.m. to 4:00 p.m. 5. Schedule port-a-potties for the event. 6. Provide a free, family-friendly event for the community. 7. Provide learn-to-skate clinics, yoga clinics, pro/am bowl competition, pro/am street competition, pro/am vertical competition and awards ceremony at the EXPOSURE SKATE event. 8. Provide support throughout the year in related community activities as agreed upon by the City. 9. Obtain a special events permit and comply with all the rules and regulations of the permit. 10. EXPOSURE SKATE to obtain a Commercial Use of Public Recreational Property Permit, to conduct the following programs that build upon the annual event s goal to outreach and support local female accessibility for positive and safe skate experiences at the ECP skate park throughout the year. (a) Free monthly Skate Rising clinics for up to 35 girls in the community, ages 6-18, every second Saturday of the month excluding November, from 9:00 11:00 a.m. at the skate park. Participants will not only learn about skating, but they will also be involved with a service project to help fill a future identified community need. (b) Free quarterly Adult Women's Clinics featuring Yoga for Skateboarders. Participants are required to bring items on CRC's list of requested donations which Exposure will then bring to CRC. Specific dates will be coordinated with City Staff and will fall in July, October and December in 2018 and March MEMORANDUM OF UNDERSTANDING BETWEEN 2 6/21/ Item 08E 5 of 13

6 ATTACHMENT All sponsors will be consistent with EXPOSURE Skate s charitable mission. EXPOSURE Skate s expects to raise a minimum of $10,000 for this year s event, which will be going to the Community Resource Center s Carol s House and the San Diego Domestic Violence Council. EXPOSURE Skate will provide to the CITY confirmation of the stated community benefit no later than 60-days following the November 2018 event dates. Documentation may include receipts, letters of acceptance, or other documents substantiating the provided benefit. EXPOSURE Skate agrees to keep true and accurate books and records and agrees to make all such records available to the CITY upon request. C. CITY and EXPOSURE Skate will agree to: 1. Zero Waste Event Strategies: Educate vendors/exhibitors on zero waste requirements Provide refillable water station(s) Provide and identify recycling and trash containers, 1:1 ratio minimum, on venue site map Post recycling container signs identifying acceptable recycling materials Use of reusable products as a first choice or recyclable products as a second choice Minimize use of single package products (e.g. individual packets of ketchup) No single-use plastic bags No polystyrene products Plastic straws distributed by request only. 2. Split 50/50 expenses for trash services, park restroom services, and cleanup services (trash and litter removal). 3. Coordinate the event set up, parking areas, and event operations. 4. Meet regularly prior to the event to provide event updates and discuss issues, as mutually agreed upon by both parties. 5. Develop an overall event time line regarding planning and day of event activities mutually agreed upon by both parties. 6. Meet with the City Departments and the Sheriff s Department to maintain event scheduling and traffic control plan. Dates and times for these meetings will be mutually set. 7. Coordinate event presentations or promotions to community groups regarding the events. 8. Any printed or web promotional material and event signage provided by EXPOSURE Skate shall be presented in accordance with guidelines to be agreed upon MEMORANDUM OF UNDERSTANDING BETWEEN 3 6/21/ Item 08E 6 of 13

7 ATTACHMENT 1 III. TERMS The term of this MOU shall commence on, June 21, 2018 and continue through, June 20, This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of this MOU and supersede any prior agreement, oral or written, and all other communications between parties related to such subject matter. IV. TERMINATION FOR CAUSE In the event of EXPOSURE Skate s failure to prosecute, deliver, or perform the DESCRIBED SERVICES, upon delivery of notice, the CITY may in its sole and exclusive discretion, terminate this MOU by notifying EXPOSURE Skate by certified mail of said termination. V. TERMINATION FOR CONVENIENCE Either party may, with or without cause, terminate this MOU upon the giving of ten days prior written notice to the other party. VI. AMENDMENTS OR MODIFICATIONS This MOU may not be amended except by a writing duly executed by the parties hereto. The CITY shall have the right to grant reasonable extensions of time to EXPOSURE Skate for any purpose or for the performance of any obligation of EXPOSURE Skate hereunder. VII. INDEMNIFICATION EXPOSURE Skate agrees to indemnify and hold the CITY and CITY S officers, officials, employees, elected and appointed officials and agents harmless from, and against any and all, liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any negligent acts or omissions of EXPOSURE Skate or EXPOSURE Skate s agents, employees, subcontractors, officials, officers or representatives in regards to EXPOSURE Skate s EXPOSURE Skate 2018 event. Upon demand, EXPOSURE Skate would defend and indemnify CITY and CITY S officers, officials, employees and agents, from and against such liabilities, claims, demands, causes of action, losses, damages and costs related to and only to EXPOSURE Skate event. Except as otherwise provided in this Section, CITY S intentional acts, CITY S violations of law, or the CITY S sole active negligence is the City s responsibility and not EXPOSURE Skate s board, officers, employees or agents. VIII. INSURANCE 1. EXPOSURE Skate shall obtain and maintain, policies of automobile liability, general liability and property damage insurance from an insurance company authorized to be in business in the State of California for Exposure Skate. Each such policy shall be in an amount of not less than: 2018 MEMORANDUM OF UNDERSTANDING BETWEEN 4 6/21/ Item 08E 7 of 13

8 ATTACHMENT 1 a. General Liability Insurance. $2,000,000/occurrence for bodily injury and property damage, $1,000,000/occurrence for personal and injury, $4,000,000 aggregate for products and completed operations and $4,000,000 general aggregate. b. Liquor Liability Insurance. $1,000,000/occurrence for bodily injury and property damage with $2,000,000 aggregate. c. Auto Liability Insurance. $1,000,000/accident for bodily injury and property damage, OR personal auto liability with limits of liability not less than $100,000/person and $300,000/accident for bodily injury and $50,000/accident for property damage. d. Workers Compensation. Required under the CA labor code (only required if vendor has employees) e. Employers Liability: $1,000,000/accident, $1,000,000 disease/employee and $1,000,000 disease policy limit (only required vendor has employees) 2. The CITY and CITY s officers, officials, employees, agents and volunteers are to be covered as additional insured by the City of Encinitas with respect to liability arising out of the acts and omissions by or on behalf of Exposure Skate during the event. Exposure Skate obligation herein does not extend to liabilities, claims, demands, and causes of action, losses, damages or costs that arise out of the City s intentional wrongful actions, City s violation of law, or the City s active negligence. 3. The insurer shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. Provide that the policy shall remain in full force and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the CITY from the insurance company. Insurance for the event will begin on November 1, Before Exposure Skate shall employ any person or persons in the performance of the MOU, Exposure Skate shall procure for its employees, if any, a policy of Worker s Compensation Insurance as required by the Labor Code of the State of California. 6. Thirty days prior to commencement of the special event, Exposure Skate shall furnish to the MOU OFFICER proof of the insurance required in this Section MEMORANDUM OF UNDERSTANDING BETWEEN 5 6/21/ Item 08E 8 of 13

9 ATTACHMENT 1 CITY: IX. MOU IN WRITING This MOU contains and embraces the entire MOU between the parties hereto and it, nor any part of it, may not be changed, altered, modified, limited or extended, orally or by any MOU between the parties unless such MOU be expressed in writing, signed and acknowledged by the CITY and EXPOSURE Skate or their successors in interest. In Witness whereof, the parties hereto have caused this MOU to be executed effective as the date first written below: MOU effective as of June 21, EXPOSURE Skate Amelia Brodka, President Date City of Encinitas Karen P. Brust, City Manager Date APPROVED AS TO FORM: Glenn Sabine, City Attorney Date 2018 MEMORANDUM OF UNDERSTANDING BETWEEN 6 6/21/ Item 08E 9 of 13

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