HomeMy WebLinkAboutFresno Bicycle Cross NBL Woodward Park BMX Trackryol
�� REPORT TO THE CITY COUNCIL AGENDA ITEM NO, 9:30am
COUNCIL MEETING 09/18/08
September 16, touN
CiY Al
FROM: RANDALL L COOPER, Director
Parks, After -School, Recreation A Community Services Department
BY: JERRY HAYNES, Assistant DbectoU
Parks, After -School, Recreation & unity Sendces Department
SUBJECT: 1) AWARD SERVICE AGREEMENT TO FRESNO BICYCLE CROSS FOR MAINTENANCE
AND OPERATIONAL SERVICES RELATED TO WOODWARD PARK BMX TRACK
2) APPROVE AFFILIATION AND SANCTIONING AGREEMENT WITH NET AND
ADDENDUM
3) APPROVE THE 468' AMENDMENT TO MASTER FEE SCHEDULE RESOLUTION
NO. 80-420 ESTABLISHING FEES FOR THE WOODWARD PARK BMX FACILITY
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RECOMMENDATIONS
Stuff recommends use the City Councll: 1) award a Service Agreement (not to exceed $10,000) to Fresno
Bicycle Cross (FBX) for maintenance and Operational services related to Woodward Park BMX Track.
2) approve Affiliation and Sanctioning Agreement with NBL and Addendum and 3) approve the 488"
Amendment to Master Fee Resolution No. 80-420 establishing use fees for the BMX track at Woodward Park;
and that the new fees become effective September 26, 2008.
EXECUTIVE SUMMARY
There are No national bicycle organizations Kiat provide comprehensive rules, policies, and sanction tracks
and compedtiens: the National Bicycle League (NBL), Hiltimd, Ohio and the American Blcyde Arameat ens
(ABA), Gilbert, Arizona, When contemplating which Organtrar to salad for the Woodward Park Bicycle
Complex, PARCS choose to affiliate with NBL because they are a non -profs, offer support services, and
specifically, liability coverage. A Copy d the NBL Affiliation and Sanctioning is attached as Exhibit A. The CRY
of Fresno has not pad any money or leased any property to NET
There are 45 sanctioned BMX race tracks in California, and 11 of those tracks are NBL tracks con on public
property. All cities have approved Service or UConse agreement for the operation, maintenance, fee
appropriation, and insurance. Please seeattached sample contracts from the City of Lemoore and City of
Napaand NBL Track Listings as Exhibit B.
Fresno Bicycle Cross{FBX), Mr. Brett Riley, has been selected to as the Service Provider to assist with me
operation of the Woodward Park BMX track. He is Ne Track Director for FBX, and brings with him a wealth of
SUBJECT TO MAYORS VETO
REPORT TO THE CITY COUNCIL
Woodward BMX Agreement- Fees and Appropriations
September 16. 2008
Paget
knowledge on bike mcing and track maintenance, as he was the operator of the Madera BMX track. The
Service Provider Agreement is attached as Exhibit C.
PARCS in conjunction with NBL and Fresno United Neighborhoods (FUN) have devised a BMX program gut
will make scholarships available for low Income children who are interested in doing Me BMX track. The BMX
track W Woodward Park is a professional track that requires special training to due. Through the joint efforts,
12 fully paid fee memberships will ba available for Inner city and low Income children of interact PARCS has
agreed to pay the 565.00 fee to cover the Track Liability insurance. In abtlbion to the 12 donated
memberships, the FUN Board has set aside $500.00 to establish a scholarship assistant program far Inner city
ark low income children. Woodward Park Mountain Bike Trail surrounding the BMX fenced track Is free to the
public. PARCS is building a Din Bike Jump/Free Ride Area that will be free also. One open house per month
will be held for non track members.
Additionally. PARCS has developed a skill and safety BMX program. As a pad of the program, transportation
for qualified children of imarest will be provided and scheduled from neighborhood community carriers- The
program qualttications will be based on the free lunch guidelines for our school system. Any appear qualifying
for free lunch will quality for the scholarship assistance program.
To further assist inner city and low income families, FUN has purchased end donated 5 bikes and a helmets to
PARCS (Please see attached Exhibit D) for me riders, ark 8 additional hikes and 30 helmets will also be
available for use provided by FBX. At the moment, PARCS has at least 13 bikes and 36 helmets to ban to
riders, ark FED( is currently seeking add2onal bikes. As pad of me BW program, there will be to least 2
sessions a month. The safe purpose of this joint effort is to give inner city and low income children he
opportunity to ride free.
KEY OBJECTIVE BALANCE
Customer Satisfaction: The BMX Complex will provide new activities that have never been oRered In Fresno
and will be setting me standard in me state for Bike Complexes. BMX is a growing sport across the country
and me City of Fresno wants to tomer the growth m the spat with parliclpanis ranging from ages 3 or 55+
Moreare about 2W riders low wail be using oris facility on a weekly basis and the ruder count will grew as me
grogram grows.
Employee Satisfaction: The Action Spans Section is a new program mat has gained Interest from skaters
and bikers mat have the enthusiasm and skills needed to develop a successful program. Staff is trained to
maintain the bike complex, teach instructional classes, and provide good customer service to the paincipanu.
=lnencial Management: Fmandal Management is enhanced as the proposed fees will allow me City and
rad operator to keep pace with required i ufling antl maintenance, while ensuring adequate resources forma
untinual Improvement of me worse and utilities for Increased customer satisfaction and safety.
lACKGROUNO
In 2007, PARCS met with several community groups to Identify appropriate uses for northwestern portion of
Voodward Park. The bicycle complex was one of he identified projects resulting from several meetings. The
Plan was to develop and construct a Noyes facility that would include a Mountain Bike course iw beginners.
hfemudiate and advanced riders, a BMX Race Track and a Dirt Bike Jump/Free Ride area. All tracks have
REPORT TO THE CITY COUNCIL
Woodward! BMX Agreement - Fees and Apprseladons
September 16, 2008
Page 3
been completed with Me exception of the anon to come Dirt Bike JumplFree new area PARES published an
advertisement for an individual to operate a BMX Bike Track at Woodward Park in July of 2007. Fresno
Bicycle Cross (FBX) was selected to operate the BMX Bike Track due to their expertise in Me area of bike
racing as they operated of the Madera BMX Track known as Mad Town BMX.
PARCS began advancement of a bicycle complex at Woodward Park on an undeveloped 57 acre parcel in
August 2007. The goals of the Department for the complex are to run a Free BMX skills and safety program for
the general qualifying public; and host state and national events. These events will, in turn, help Me local
economy and bring in corporate sponsorships. The bike complex requires an ongoing shun and daily
maintenance program to ensure optimal quality of Me facility as wall as Me safety of the cyclists and other park
users.
NBL will sanction all races at the SMX Track, and FBX and PARCS will jointly share Me responsibility of
hearing races. Races and practices will be held on Me weekends through Me summer. The We of riders range
tram 5 to 55 years old, and Mere are several local pros that train at Me fatality to compete at the national level.
These races are open to Me public.
The fees forthe track are determined by the trade weeks, The operational costs to can a race have to be
inducted in the race fee. Those casts Include fees to Me NK, trophies, insurance, utilities, and maintenance
stag and equipment All riders participating in the race program are required to be members ot Me NBL so Met
May will have medical coverage in Md event of an accident. The NBL charges $85.00 for the annual
membership. Local races will cost $12.00 arol $6.00 fa a practice session. As Tendered previously, 12 free
memberships will be offered to qualifying applicants.
The attached Service Provider Agreement has been reviewed and approved by the City Atlomey'a office and
Risk Management. The race program will be jointly operated by FBX, their volunteers and PARCS stag. It
lakes fete 15 volunteers M run a race depending on Me number m riders. Tha volunteer worth needed to
operate a race consists of sign-ups registering riders for Me race, race announcer, track officials, opera
peepers, gate starter, a it staging doers far the race. City shuff will provide maintenance by sweeping,
xidenng, and chalking before the once. Races will be held on weekends by FBX, and Oty staff will provide
wddce sessions on Me weak days to NBL members.
-ISCALIMPACT
Done established, Me Woodward BMX track is expected to operate as an enterprise activity, generating
sufficient revenue to cover 100% of Its sten, operating, and maintenance costs; therefore BMX track operations
Mould eventually have no impact to Me General Fund, The Department does not plan to change for Me use of
he Medicare Bike Trail or Dirt Bike Jump/Free Role ares. Me other two cornppoanrs of Me Woodward aka
Master Fee Schedule Resolution
Exhibit A- NBL Affiliation and SangiomingiAddr ndum
Exhibit B - Contracts from the City of Lemoore and CIty of NapaMBL Track Listings
6Jlibit C - Service Provider Agreement
Exhibit D - Bicycle photos
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SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT is made and entered into effective the Not day of July 2008, by and
between the CITY OF FRESNO, a Caldomia municipel corporation (hereinafter referred to as'CITV'),
and FRESNO BICVI.E CROSS (FBX), NBL. A GENERAL PARTNERSHIP hereinafter referred to as
'SERVICE PROVIDER').
RECITALS
WHEREAS, CITY desires to "in services for the operation of bicycle mess at Fresno
Bicycle Cross (FBX) Facility to provide cycling activities, and compaMioneevents, at protect site,
hereinafter refened to as the'Projep,^ and
WHEREAS, SERVICE PROVIDER is engaged in to business of furnishing technical and
expert services as a BINDUDCyclG Gross Took Director and hereby represents that it desires to and is
professionally and legally capable of performing to services called for by Now Agreement; and
WHEREAS, SERVICE PROVIDER acknowledges Mat this Agreement is subject to the
requirements of Fresno Municipal Code Section 0.107; and
WHEREAS, this Agreement ving be administered for CITY by its Parks Director (hereinafter
referred to as 'Administrator) or his/her designee.
AGREEMENT
NOW, THEREFORE, In consideration of Me foregoing and of Me covenants, conditions, and
Promises hereinafter Carol to be kept and performed by to respective parties, 0 is mutually
agreed as follows'.
T Scope of Services. SERVICE PROVIDER strap perform to Me satisfaction of CITY the
services described in Exhibit A, Including all work incidental to, or necessary to perform, such
services even though not specifically demdbed In Esblbft A
2. Term of Agreement and Time for Performance, This Agreement shall be effective from
the date first set forth above ('Effective Date) ars! shell Continue in lull force and effect through May
31, 2013, subject to any eadier termination in accordance with this Agreement The services of
SERVICE PROVIDER as described in Exhibit A are W commence upon the Effective Date and shall
be completed in a sequence assuring expeditious completion, but in any event, all such services shall
be completed prior to expiration of this Agreement and in accordance with any performance schedule
set forth in Exhibit A.
3. Compensation.
(a) SERVICE PROVIDER'S sole compensation for satisfactory performance of all
services required or rendered pursuant to his Agreement shall be a total fee of $$33.00 per month.
Such fee Includes all expenses incurred by SERVICE PROVIDER in performance of Me services.
(b) Detailed statements shall be rendered monthly for services performed In the
Preceding month and will be payable in the normal course of CRY business.
(c) The parties may modify this Agreement to increase of decrease the scope of
services or provide for Me rendition of services not required by his Agreement, which modification
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shall Include an adjustment In SERVICE PROVIDER'S compensation. Any change In the scope of
services must be made by written amendment to the Agreement signed by an authorized
representative for each pant. SERVICE PROVIDER shall not be Settled to any additional
compensmlon If services are performed prior to a signed written amendment.
(a) This Agreement shall terminate wMout any liability of CITY to SERVICE
PROVIDER upon the earlier of : (i) SERVICE PROVIDER'S filing for Protection under the federal
bankruptcy laws, or any hankmptcy petition or petihon for receiver commenced by a third party
against SERVICE PROVIDER; (ii) SO calendar days prior written notice with or whhout rause by CITY
to SERVICE PROVIDER; (iii) CITY'S non -appropriation of funds sufficient to meet its obligations
hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Projaah or
(iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, SERVICE
PROVIDER shall (i) immediately stop all work hereunder; (ill immediately cause any and all of lts
subcontractors to cease work; and (iii) return to CITY any and all unsamed payments and all
properties and materials In Me possession of SERVICE PROVIDER that are owned by CITY. CITY
shall return to SERVICE PROVIDER properties runt materials In CITY's possession that are Owned by
SERVICE PROVIDES. Said list of SERVICE PROVIDERS possessions are detailed in Exhibit C.
Subject to the terms of this Agreement, SERVICE PROVIDER shall be paid compensation for
services satisfactorily performed prior to the effective date Of termination. SERVICE PROVIDER
shall not be old for any work or services performed or costs Incurred which reasonably could have
been avoided.
(c) In the event Of termination due to failure of SERVICE PROVIDER to
satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount
that would othenvise be payable as an offset to, but not in excess of. CITY'S damages caused by
such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver
by CIN of any breach of this Agreement which may then exist on the part of SERVICE PROVIDER,
nor shall such payment impair or prejudice any remedy available to CITY with respect to Me breach.
(d) Upon any breach of this Agreement by SERVICE PROVIDER, CITY may
(p exercise any right remedy (in contract, law or equity), or privilege which may be available to It
under applicable laws of the State Of Calgomia or any other applicable law; (ii) proceed by appropriate
court action to enforce the terms of the Agreemanb Sell fill) recover all direct, indirect,
consequential, economic and Incidental damages for Me breach of me Agreement. If it a determined
that CITY improperly terminated this Agreement for default, such Imminence shall be deemed a
termination for convenience.
(a) SERVICE PROVIDER shall provide CITY with adequate written assurances of
future performance, upon Administrator's request, In Me event SERVICE PROVIDER fails to comply
with any terms or conditions of this Agreement.
(f) SERVICE PROVIDER shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonal control Of SERVICE PROVIDER and without its fault
or negligence such as, aces 0 God or the Wblic enemy, acts of CITY in its contractual rapacity, fres,
flomde, epidemics, quarantine restrictions, stokes, unusually severe weather, and delays of common
carriers. SERVICE PROVIDER shall notify Administrator in venting as soon as 0 is reasonably
possible after the commencement of any excusable delay, setting bah the full particulars in
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connection tlterewith, and shall remedy such occurrence wish all reasonable dispatch, and shall
promplty give written notice to Administrator of the conclude of such occurrence.
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(a) Any reports, Information, or other data prepared or assembled by SERVICE
PROVIDER
pursuant to this Agreement shall not be made available to any individual or orgamunilon
by SERVICE PROVIDER without the prior written approval of the Administrator. During the term of
this Agreement, and thereahec SERVICE PROVIDER shall not, without the prior written consent of
CRY, disclose to anyone any Confidential Information. The tens Confidential Information for the
purposes of this Agreement shall include all proprietary and confidentWl information of CITY, including
but net limited to business plans, marketing plans, financial information, materials, compilations,
clocurrerris, instruments, models, source or object codes and Other information disclosed or
submitted, orally, in wring. or by any other medium or media. All Confidential Information shall be
and remain confidential and proprietary In CITY.
(b) Any and all wrongs and documends prepared or provided by SERVICE
PROVIDER pursuant to this Agreement are the property 0 CITY at le time of preparation and shall
be turned over to CITU upon expiration or termination of the Agreement. SERVICE PROVIDER shall
not permit le reproduction or use Merest by any other person except as chimeras expressly
provided herein.
(c) This Sedan 5 shall survive expiration or termination of this Agreement
6. Professional Sk'll. It is fuller mNually understood and agreed by and between Ne
parties hereto that inasmuch as SERVICE PROVIDER represents to CITY that SERVICE PROVIDER
is skilled In the profession and shall perform In accordance with le standards of said profession
necessary to perform le services agreed M be done by It under Nis Agreement CITY relies upon the
Still of SERVICE PROVIDER to do and Perform such services in a skllfful manner and SERVICE
PROVIDER agrees to Nus perform le services. Therefore, any acceptance of such services by
CITY shall not operate as a release of SERVICE PROVIDER from said professional standards.
T. INDEMNIFICATION AND INSURANCE
SERVICE PROVIDER shall inderni hold harmless and defend City and each of Its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or slct liability, Including but not Ilmitetl to parsonal
Injury, death at any time and property damage) incurred by the City, SERVICE PROVIDER or any
Other parson, and from any and all claims, dements and actions in law or equity (including attorney's
fees and litigation expenses), mixing or alleged N have arisen directly or indirectly from the negligent
or intentional acts or omissions or willful misconduct of SERVICE PROVIDER or any of be officers,
Officials, employees, agents or voluntsere in the performance of this Agreement.
City shall indemnify, hold hartnleas all defend SERVICE PROVIDER and each of its officers,
Officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or atria liability, Including but net limited to personal
injury, deal at any time and property damage) inured by SERVICE PROVIDER, City or any Other
person, and from any and all claims, demands and actions in law or equity (Including affomey's fees
and litigation expenses), arising or alleged to have arisen directly or indirel from the negligent or
inter tonal acts or omissions or willful misconduct of City or any of its officers, officials, employees,
agents or volunteers in le performance 0 this Agreement.
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In the event of concurrent negligence an Me part of SERVICE PROVIDER or any of its officers,
Meals, employees, agents or volunteers, and City or any of rts officers, officials, employees, agents
or voluMems, Me liability for any and all such claims, demands and explore In law or equity for such
losses, fines, penalties, forfeitures, costs and damages shall be app infioned under Me State IN
Callfomia's theory of completive negligence as presently established or as may be modJied
hereafter.
The preceding MM paragraphs shall Survive termination or expiration of the all
(a) ThmpghoW Me Me W this Agreement, SERVICE PROVIDER are pay for and
maintain In full force and egret all insurance as required in Exhidt B or as may be authorized, and
any additional insurance as may be required, In writing by CITY'S Risk Manager or hiaber designee
at any fime add In hlmher sole discretion.
(b) If at any time during the the of Me Agreement or any extension, SERVICE
PROVIDER or any of its aubcmlractors tail to maintain any required Insurance in full force and eMect,
all Services and M* under Mis Agreement shall W discontinued Immediately, and all payments due
or Mat become due to SERVICE PROVIDER shall be withhed until radma is received by CITY Mat
the required Insurance has been restored to full force and ¢fact and Mat Me premiums therefore have
Wen old for a period Satisfactory W CITY. Any failure to maintain Me required Insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this
section shall in any way relieve SERVICE PROVIDER of iN responsibilities untler this Agreement,
The phase Wall to maintain any required Insurance" shall Include, without limitation, notification
received by CITY Mat an Insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that Me insurer is insolvent,
(c) The fact Mat insurance Is oblained by SERVICE PROVIDER Shall not tie
deemed to release or diminish the tebility of SERVICE PROVIDER, including, shared limitation,
liability under Me indemnity provisions of this Agreement. The policy limits do not act as a IlmRalien
upon the amount of indemnification to be provided by SERVICE PROVIDER. Approval or purchase of
any insurance contracts or policies stall in no way relieve from liability nor limit the liability of
SERVICE PROVIDER, its principals, officers, agents or employees.
(d) Upon request of CITY, SERVICE PROVIDER Shall immediately fumish CITY
with a complete copy of any Insurance policy required under the Agreement, including all
endorsemees, with said copy tended by Me urdervarter to be a true ant correct copy of the original
policy. This requirement shall survive expiration or lamination of this Agreement.
(e) If SERVICE PROVIDER should subcontract all or any portion M Me services M
be performed under this Agreement, SERVICE PROVIDER shall require each subcontractor to -
provide insurance protection in favor of CITY and each of its officers, Mfres, employees, agents and
volunteers In accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with SERVICE PROVIDER and CITY prior to Me
commencement of any services by the subcontractor,
(a) SERVICE PROVIDER shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons antl requirements governing avoidance of Impemllssible
client conflicts; and Iii) federal, state and local conflict of interest laws and regulations including,
Without limitation, Celdomla Govemment Code Section 1M et. seq., the California Political Reform
Act (California Government Code Section 871W at. seq.) and the regulations of the Fair Political
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Practices Commission concerning disclosure and disqualHiratlon (2 California Code of Regulations
Section 18700 at. asq.). At any time, upon written request of CITY, SERVICE PROVIDER shall
provide a written opinion of its legal counsel and that of any subcontractor that, atter a due diligent
inquiry, SERVICE PROVIDER and the respective subcontractors) are in full compliance with all laws
and regulations. SERVICE PROVIDER shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery 0 any facts giving rise to the
appearance of a conflict of Interest, SERVICE PROVIDER shall immediately nogty CITY of these facts
in writing.
(b) In patenting the work or services to be provided hereunder, SERVICE PROVIDER
shall not employ or retain the services of any person while such person either Is emplcyetl by CITY or
is a member of any CRY council, commission, bock, commill or similar CITY body. This
requirement may be waived in writing by the City Manager, 0 no actual or potential conflict Is Involved.
(c) SERVICE PROVIDER represents and warrants that it has not paid or agreed to
pay any compensation, confingent or otherwise, direct or Indirect, to solicit or procure this Agreement
or any rightsbenefrts hereunder.
(d) SERVICE PROVIDER and any of its subcontractors; shall have no interest,
direct or indirect, in any other contract with a third park in connection with this Project unless such
interest is in accordance with all applicable law art, fully disclosed to and approved by the City
Manager, in advance and in writing. Nohvithstanding any approval given by the City Manager under
Nis provision, SERVICE PROVIDER shall remain responsible for complying with Section 9(a), above.
(e) If SERVICE PROVIDER should sulawitract all or any Portion of to work to be
performed or services to be provided under this Agreement, SERVICE PROVIDER shall include the
provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
(f) This Section 9 shall survive reputation or termination of this Agreement.
10, Recvdina Proaram. In the avant SERVICE PROVIDER malntalnsan office or
operates a facility(les), or is required herein to maintain or operate same, within Me incorporated limits
of the City of Fresno, SERVICE PROVIDER st its sole cost and ekpense shell:
(i) Immediately establish and maintain a viable and ongoing recycling program, approved
by CITY'S Solid Waste Management Division, for each office and facility. Literature
describing CITY recycling programs is available from CITY'S Solid Waste Management
Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(1) Immediately contact CITY'S Sold Waste Management Division at (559) 621-1J52 and
schedule a free waste audit, and cooperate with such Division in Noir conduct of the
audit for each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction W CITY'S Sold Waste
Management Division the establishment of Me recycling program In paragraph
(i) above and Me ongoing maintenance thereof.
(Iv) Assure the FBX track and surrounding areas of track Is free from debris by collecting
and deposPong into provdied trash and recycling containers. The City will haul the
debts boon the track site.
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11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of CITY
valbin the body of this Agreement and not othenvlse specifically provided for, shall be effective only if
signed by the Administrator or hismer designee.
(b) Records of SERVICE PROVIDERS expenses pertaining to the Project shall be
kept on a generally recognized accouming basis and shall be available to CITY or MI authorized
representatives upon request during regular business hours throughout the Ile of this Agreement and
for a period of three years after final payment or, g longer, for any petlotl required bylaw. In accition,
all books, documents, papers, and records of SERVICE PROVIDER pertaining to the Project shall be
available for the puryose of making audtts, examinations, excerpts, arm Vanscriptions for me same
period of time. This Section 11(b) shall survive expiration or onnination offinis Agreement.
12. Nand'scrim nation. To the extent required by controlling federal, state and local law,
SERVICE PROVIDER shall rot employ discriminatory prapices In the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental dreamily, medical condition, mortal status, sex, age,
sexual orientation, ethnklty, status as a disabled veteran or veteran of the Vietnam era. Subject to
Me foregoing and during the performance of MIs Agreement, SERVICE PROVIDER agrees as
follows:
(a) SERVICE PROVIDER will comply with all applicable laws and regulations
providing that no person shall, on Me grounds of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical contlition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of Me Vietnam ere be excluded from participation In,
be denied Me temple of, or he subject to discrimination under any program or act^ made possible
by or resulting from Mie Agreement.
(b) SERVICE PROVIDER will not discriminate against any employee or applicant
for employment bemuse of race, religious creed, color, national origin, ancestry, physical disability,
mental rambler, medical condition, marital status, sex, age, sexual orientation, emnlcgy, status as a
disabled veteran or veteran of Me Vietnam era. SERVICE PROVIDER shall ensure Mat applicants
are employed, and Me employees are treated during employment, without regard to their ram,
religious creed, color, national origin, ancestry, physical possibility, marvel disability, medical condition,
madlal Me", sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of Me
Vietnam era. Such requirement shall apply to SERVICE PROVIDERS employment practices
including, but not be limited to, the following: employment, upgrading, demotron or transfer:
recruitment or recruitment advertising; layoff or tenninaticn: rates 0 pay or other forma M
compensation; and selection for training, including apprenticeship. SERVICE PROVIDER agrees to
post In conspicuous places, available to employees and applicants for employment, notices setting
form Me provision of this notgiecriminatian clause.
(c) SERVICE PROVIDER will, in all solicitations or advertisements for employees
placed by or on behalf 0 SERVICE PROVIDER in pursuit hereof, state Mat all qualified applicants will
receive consideration for employment without legend to lace, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical confirm, merged status, sex, age, sexual
orientation, Sam", status as a disabled veteran or veteran of the Vietnam era.
(c) SERVICE PROVIDER will sand M each labor union or representative of
workers with which It has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers representatives of SERVICE PROVIDER'S corimmnent
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under this section and shall past copies of the notice in conspicuous places available to employees
and applicants for employment.
I
(a) In the furnishing of Me services provided for herein, SERVICE PROVIDER is
acting solely as an Independent contractor. Neither SERVICE PROVIDER, nor any of its officers,
agents or employees shall be deemed an olticep agent, employee, joint vend partner or associate
of CITY for any purpose. CITY shall have no right to control or supervise or direct me manner or
mel by which SERVICE PROVIDER shall perform its work and functions. Hovmver, CITY shall
retain the right to administer this Agreement so as to verify that SERVICE PROVIDER Is performing
its obligations in accordance with the terms and condoms thereof.
(b) Because of Its status as an independent contractor, SERVICE PROVIDER and
its officers, agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. SERVICE PROVIDER shall be solely liable and responsible for all
payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits
Including, without limitation, health, welfare and retirement benefits. In addition, together with its Other
obligations under this Agreement, SERVICE PROVIDER shall be solely responsible, indemnify,
defend and save CITY harmless from all matters relating to employment and tax wit leaf ing for and
payment of SERVICE PROVIDER'S employees, including, without limmation, (i) compliance with
Social Security and unemployment insurance withholding, payment of milkers compensation benefits,
antl all other laws and regulations governing matters Ot employee wffhholding, Was and payment;
and (ii) any claim of right or Interest in CITY employment benefits, entitlements, programs sudor
funds offered employees of CITY whether ansirg by reason of any common law, tie facto, leased, or
ob- employee rights or other Meory. It Is ackrwwfedged that during the term of this Agreement,
SERVICE PROVIDER may be providing 58Mc65 to others unrelated to CITY or to this Agreement.
14. Notices. My notice required or intended to be given M either party under the terms of
this Agreement shall be in writing and shall be deemed to be duly given If delivered perorally,
transmitted by facsimile fbllpwed by telephone confirmation of receip6 or sent by United States
registered or muffled mail, SAM postage Prepaid. return receipt requested, addressed to the parry to
Mich notice Is to be given at Me Pady's address set forth on Me signature page 0 MIs Agreement or
at such Other address as Me parties may from time to time designate by written notice. Notices
served by United States mall in Me manner salve described shall be deemed sufficiently served or
given at the time bf Me mailing thereof.
15. Binding, Subject to Section 16, below, once this Agreement Is signed by all games, it
Shall be binding upon, and shall Inure to the benefit of, all parries, and each parties' respective heirs,
successors, assigns, transferees, agents, servants, employees and representatives.
16. Asslanmern.
(a) This Agreement is personal to SERVICE PROVIDER and Mere shall be no
assignment by SERVICE PROVIDER of its rights or obligations under this Agreement Mural the
prior written approval of the City Manager or hislher designee. Any attempted assignment by
SERVICE PROVIDER, as successors or assigns, shall be null and void unless approved in writing by
the City Manager or MIAMI designee.
(b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies
due SERVICE PROVIDER from CITY under the terns 0 this Agreement to any other Indhdual(s),
amend sank¢ Ravitln T W I FW Ia f -0 -re
corporationds) or emfiry(es). CITY retains the rigid to pay any and all monies due SERVICE
PROVIDER tlira ly to SERVICE PROVIDER.
17. Compliance With Law. In providing the services required under this Agreement,
SERVICE PROVIDER shall at all times curnI with all applicable laws of to United Slates, to Stale
of Calrfomia and CIN, and with all applicable regulations promulgated by federal. State, regional, or
local administrative and regulatory agencies, row in force and as they may ba enacted, issued, or
amended during Me term of this Agreement,
18. Waiver. Thewaiver by either party of a breach by Me other of any provision of this
Agreement shall not comments a confinuing waiver or a waiver of any subsequent breach of either the
same or a different provision of Mis Agreement. No provisions of this Agreement may be waived
unless in writing and signed by all parties to this Agreement. Waiver W any one provision herein shall
not be cleared to be a waiver 0 any other provision herein.
19. 9muning Uov add Venue, This Agreement shall be governed by, and construed! and
enforced In accordari with, to laws of Me Slate of Calfornia, excluding, however, any conflict of
laws rule which would apply the few of another Jurisdiction. Venue for purposes of Me filing al any
action regarding the enforcement or interpretation of Me Agreement and any rights and dome
hereunder shall he Fresno County, California.
M. Headings. The section headings in this Agreement are for convenience and reference
only and shall not be construed or held In any way to explain, mortify or add to the interlymmon or
meaning of the provisions of this Agreement.
21. Severebf ib. The provisions of this Agreement are severable. The invalidity. or
unenforceabllfly of any one provision in this Agreement shall not affect Me other provisions.
22. Interpretation. The parties atlmowledge that this Agreement in its final forth Is Me
result of Me combined efforts M the parties and that, should any provision 0 this Agreement be found
to ba ambiguous in any way, such ambiguity shall trot be resolved by construing this Agreement In
favor of or against either party, but rather by construing the terms In accordance wfih their generally
accepted meaning.
23, Attorney's Fees. If either parry JS required to commence any proceeding or legal action
to enforce or interpret any term, covenant or condion of this Agreement, Me prevailing paid in such
proceeding or action shall be enthled to recover from Me other paid 8S reasonable attgmey's fees
and legal expenses.
24. Exnitins Each exhlblt and attachment referenced in this Agreement is, by the
reference, incorporated Into and made a ped 0 this Agreement.
25. Precedence of Documents. In Me event of any conflict between Me body of Mis
Agreement and any Exhibit or Attachment hereto, the terms antl conditions of Me body of Mis
Agreement shall control and take precedence over the terms and conditions expressed within the
Exhibit or Attachment. Furthermore, any terms or conditions widened within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the panties, Provided for
within Me body of this Agreement, shall be null and void.
26. Cumulative Rimed es. No remedy or election hereunder shall be deemed excIUSIVe
but shall, wherever possible, be cumulative with all other remedies at law or In Sul
Gonane Sarre P,m iirlr isee(ci-mon
27. No Third Pam Beneficiaries. The rights, interests, duties and obligations defined
wHhm this Agreement are intended for Me specific parties hereto as dentiHed in Me preambe of this
Agreement. Notwihstantling anything stated to the contrary in this Agreement, it is not intended Met
any night or Interests in this Agreement benefit or flow to the interest of any third parties.
28. Extent of Agreement Each pant acknowledges Mat they have read and fully
understand the contents of this Agreement This Agreement represents The entire and integrated
agreement between the padles with respell to Me subject matter hereof and supersedes all prior
negotiations, representatiorrt or agreements, either written or oral. This Agreement may be modified
only by written instrument duly aum ized and executed by both CRV and SERVICE PROVIDER.
31, sews. eW.iew TMP IM xA Zeaei
S-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, Celflomia, Ithe
day and year first above written.
CITY OF FRESNO,
a California municipal corporatlon
By:
Rendall Cooper,p for
PARKS, AFTER-SCHOOL,
RECREATION AND COMMUNITY
SERVICES
ATTEST:
REBECCA E. KLISCH
City
CIO& C e
Byr
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
GAY Attorney
By:
kfit sof P Headley. Date
Bepulp Uouglae T. Sloan.
deein[m[
Addresses
CITY:
City 0 Fresno
Attention: Jerry Haynes, Assistant Director
2326 Fresno Street, Roan 101
Fresno, CA 93121-1824
Phone: (559)621-2900
FAX: (559) 49&1588
Attachments:
1. Exhibit A - Scope of Services
2. ExM1ibi[B- Insurance Requirements
3. Exhibtt C— Psrsmal Property
Ge'6K&e PMMK TOW Faz (M22,06)
1a
SERVICE PROVIDER
Fresno Bicycle Cross, FBX, NBL
A General Partnership
By:
ttIIBfcPartner reek Director
Fresno Bkycle C e. FBX, NBL
By:
Peggy De, aneOFreck Treasurer
Fresno Bicycle Cross, FBX, NBL
SERVICE PROVIDER:
Fresno Bicycle Cross, FBX
Atlentlon: Brett Riley, Track Director
1505 Peach Avenue
Clovis, CA 93612
Phone: 5591093530
Exhron A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and FOX (Fresno Bicycle Cross)
Maintenance and rdnfBMX Ri at Fresno Bicwle CrossFBEaciltv
FBX ('Service Provider) will Operate and manage BKOOBICVCLE MOTOCROSS RACING EVENTS
had at Woodward Park IncIW Ing reservations for events. Service Provitler shall be responsible, at His
sole cost and expense, for all telephone charges associated with the reservation telephone numbers
for said events.
Sernce Provicer's schedule of races and practice times must be approved by PARCS Director or
hlelberdeelgnee.
Service Provider will operate the faaldy at least 3 days per weak during normal Park hours.
Service Provider will monitor track entrance to guarantee participants are NBL cardholders, and
collect all fees. All fees will be delivere! to the Administrator.
Service Provider will monitor noise curfew and sound levels of me avant and abide by all governing
codes and statutes. Use of microphones andbr ampgnetl music outdoors is not to exceed BO
decibels at 100 tee. Tire noise curfew is 10:00 PM. In addition, MO use of offensive language and/or
profanity is strictly prolboded. The penalty for exceeding either one of these rules is $10OW for each
violation. Continuous violations could! result in the termination of this agreement.
Service Provider and ge employees, agents and representatives shell at all times be respectful and
courteous to the public. Service Provider albeit notgy City of any service complaints and disposition of
same. City will noddy Service Provider of any service complaints received by City and Service
Provider shall provide City w101 a response and dogxar orn.
Service Provider shall not schedule events for those days or weeks as City may direct for the purpose
of conducting City programs or for performing maintenance.
Service Provider shall keep track clean and presentable at all times by placing all trash and
recyclables in receptacles for City's disposal.
Semi Provider shall Immediately paint over any grad is that occurs to the BMX track
Service Provider shall open and lock gates.
Service Provider shall secure storage areas and office trailer.
City agrees to provide weed control, water, power to track, and track surface maintenance
Page I of I
Exhibit B
INSURANCE REQUIREMENTS
Service Agreement between City W Fresno
and FB%(Fresno Bicycle Croas)
Maintenance an r ti n of BMX RacinoFresno Bicycle
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The mast control version of Insurance Services Onice (ISO) Cammeroial General
ll Coverage Form CG W 01, which shall include Insurance for bodily injury,"
"property damage' and 'personal and advertising injury with coverage for premises
and operations, products and completed operall and contractual liability.
2. The most current version M Insurance Service Office (ISO) Business Auto Coverage
Form CA 00 01, which shall include coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Cada 1- Any Auto).
3. Workers' Compensation insurance as required by the Cartomia labor Code and
Employees Uablllty Insurance.
4. Throughout Me his of this Agreement, SERVICE PROVIDER shell pay far and maintain
In full force and effam a Fidelity Bond for employee dishonesty with an Insurance
company admitted by Me California Insurance Commissioner to do business in the
State of California and authorized! by Cli Risk Manager. The Fidelity Bond shall
contain a Blanket Client Property - On Premises Endorsement and John Loss Payee
Endorsement in favor of the CITY, AM limits of liability at not less Main $100,000.'
Minimum Limits of Insurance
SERVICE PROVIDER shall maintain limits of liability of net less Man:
1. General Usability.
$1,008000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for perianal and Advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate
2. Amory le Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employees Liablllry:
$1,000,000 each accident for bodily, injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
Page 1 of 3
Umbrella or Excess Insurance
In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance policy(ies) to meet
to "Minimum Limits or Insurance,' this insurance policy(ies) shall Was form" and afford no less
coverage Man the primary insurance policy(ies).
Deductibles and Self-Insumd Retentions
SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance
Polices required hereunder and SERVICE PROVIDER shall also be responsible for payment of any
self -Insured retentions. Any deductibles or self-insured reterigons must be declared to, and approved
by, the CIMS Risk Manager or his4ler designee. At the option of Me CITY'S Risk Manager or
rasher designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, as officers, officials, employees, agents and volunteers: or (ii) SERVICE
PROVIDER shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or hivber
designee, guaranteeing Payment of losses and related investigations, claim administration and
defense expenses. At no time shall CITY be responsible for the payment of any deductibles or
sen -insured retentions.
Omar Insurance Provisions
The en ral Ualbilift and Automobillicies are W contain, or be endorsed to
contain, the following provisions:
L CITY, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds.
2. The coverage shall contain no special limitations on the scope 0 protection middle W
CITY, he olflcers, officials, employees, agents and volunteers.
3. SERVICE PROVIDER'S Insurance coverage shall be primary and no contribution shall
be required of CITY.
The WorkersCompensation insurance col Is to contain, or bo endorsed to contain, Me following
provision: SERVICE PROVIDER and as insurer shall waive any right of subrogation against CITY, his
officers, officials, employees, agents and volunteers.
Bond no, Throughout the Ids of this Agreement, SERVICE PROVIDER shall pay for and maintain in
full force and effect a Fidelity Bond for employee dishonesty wIM an insurance company admitted by
Me California Insurance Commissioner to do business in he State of California and authorized by
CITY'S Risk Manager. The Fidelity Bond shall contain a Blanket Chem Prop" - Off Premises
Endorsement and Joint Loss Payee Endorsement In favor of the CITY, with limits of liability of not less
than $1 W.M.
All dcocies of insurance required hereunder shall be endorsed to provide Met the coverage shall nor
be cancelled, non -renewed, reduced In coverage or in limits except alter W calendar day written
notice by corthed mall, return receipt requested, has been given to CITY. Upon issuance by the
insurer, broker, or agent of a notice of cartcellatlan, non -renewal, or reduction In coverage or in limits,
SERVICE PROVIDER shall fumish CITY with a new conHicate and applicable endorsements for such
policy(iom. In me event any policy is due to expire during the work to be pedolmed for CITY,
SERVICE PROVIDER shall provide a now condoms, and applicable endorsements, evidencing
Page 2 of 3
renewal of such policy not less than 15 calendar nays prior to the axplration date of the expiring
policy,
Other Requirements
SERVICE PROVIDER'S wined or Issued property or property In its win, custody and control, will be
at the risk of Me SERVICE PROVIDER only and Me CRY will net be liable for any damage thereto or
theft thereof. Further, SERVICE PROVIDER waives its right of recovery, and its insurers also waive
Meir right of recovery, agarnsl CITY for loss of me owned or leased property or property in its care,
custody and control. The phrase -owned or leased property or property In es care, custody and
control" shall include, without limitation, tools, equipment, fidures, materials and parts.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance comicany(ies) admitted
by the California Insurance Commissioner to do business in the State of California and rated not less
Man -A-VII" in Bests Insurance Rating Guide; or authorhad by CITY'S Risk Manager.
Verification of Coverage
SERVICE PROVIDER shall furnish CITY won all ceniflcate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received and
approved by the CITY'S Risk Manager or hisher designee prior to CITY'S execution of Me
Agreement and before work commences. The words -andeavor to' and 'but the failure to do so shall
impose no obligation upon the insurer, his agents or representatives' shall be deleted or eliminated
horn Me Cancellation wording in Me lower night hand corner of the certificate.
Page 3 of 3
Exhibit C
PERSONAL PROPERTY
Service Agreement between City of Fresno
erM FBX (Fromho Bicycle Crone)
Maintenance and Operation of BMX Rebind at Fresno Bicycle Gross F6
Upon termination of agreement, Cly agrees to return FBX's personal property listed below. Said
Personal property will be retum to FBX within thirty (30) cap of contrast termination.
Office Equipment
1-Hewlet Packard lap Top Computer -Serial Number TW00800559900B
1 -Brother HL5240HP Laser Printer -Serol Number U614 VJ818574
2 -Stainless Steel Tables (12 feat)
"sack Folding Tables (4 foot)
1 -Bieck Shelf Unit
1 -Wooden Desk
1 -Wooden Cabinet
5 -Stainless Steel Bar Stable
1-gfice Chair
73 Foot Shelves
i -Floor Safe (Bunker Hill Digital Electric Sate Model 935]5)
1 -Zee First Aide Well Unit
Misc. Office Equipment (5 Calculators, 20 Clip Spends, 2 -Money Boxes,
Extension Cords, Blow Horn)
Track Equipment
1 -Porta Cable 4500 Watt Generator
1 -Coleman Powermate 1850 Generator (Senal Number 9500016Y)
1 -Generator
1 -Electric Cambia House Air Compressor
1 -Gas Powered Cambia House Air Compressor (Sepal Number V761n05AJ)
1 -Starting Ram
1-Cadience (NBL) with Cad
1 Light System for Staring Gate
i- Orange 8 Man Starting Gate
Track Maintenance Equipment
3 -Brooms (marked with orange paint)
2-1-andscaper Rake (marked wth orange paint)
2 -Chalk Markers (marked with orange paint)
&Shovels (square)(maiked wlm orange paint)
1 -Shovel hound)(marke l with orange paint)
4 -Yellow Steel Rakes (marked with orarge paint)
1 -Drag (marked with orange painp
Stereos Conrainers
1-40 Foot Sea Crate Container (GRAY) Identification eAP90-0540 (Outside X)
F20 Foot Sea Crate Container (GRAY) Identification tl ID002832926nside 4)
Page 1 of 2
Lcaner Easementt
35-Misc. Full Face Helmets
]-Race Bikes
(MCS Spicier JR: Serial # HCM 7F000186)(FMF-Serial #83(402)(Redline-Sepal
#HL08294B9)
(FMF-Serial 4870819)(FMF-Sepal #W(t6F092889)(GT Minl)(Redllne-Serial #
HU829C84)
Patron — Fan Eauioment
8 Pic-Nic Tables
&Black Barrel Garbage Cans (marke0 BMX)
bUmbrellas (91L)
4E -ZEE UP
Page 2 of 2