HomeMy WebLinkAbout#17 - Volunteer Agreement with MORC STAFF REPORT
DATE: 10-6-2020
REGULAR
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: MORC Volunteer Agreement for Sunfish Lake Park (New Trails)
REVIEWED BY: Marty Powers, Public Works Director
Ken Roberts, Planning Director
Parks Commission
BACKGROUND:
Over the summer of 2020 Trails Source constructed a new bike trail network within Sunfish Lake Park. Staff has
been in communication with the Minnesota Off-Road Cyclist (MORC) organization. The group has expressed
interest in providing volunteer services to the City, specifically for the new bicycle trails in Sunfish Lake Park.
Staff has prepared an agreement that will serve as the document outlining the expectations and responsibilities of
the City and MORC volunteers.
ISSUE BEFORE THE CITY COUNCIL:
Does the City Council believe the volunteer agreement should be entered into?
PROPOSAL DETAILS/ANALYSIS:
There are more or less two sections to the agreement that will be actively used, MORC Responsibilities and City
Responsibilities. Staff believes these are the two most relevant sections for review as they set the operating
expectations where the other sections would be more relevant for the City Attorney. Below is a reduced version of
what the contract outlines for both parties. Staff recommends reviewing the full contract to gain a better grasp of the
subset of pointes that also go along with numbers 1-12 of both sections.
MORC Responsibilities
1. MORC will provide technical support to the City in determining the location and design of technical trail
features for the singletrack trail, consistent with the planned ability level of the trail segment in accordance
with the International Mountain Bike Association (IMBA) guidelines.
2. MORC will provide and supervise volunteers in the construction of approved technical features and
alignment changes.
3. MORC will provide volunteers to assist with the inspection and hand-work maintenance of the single track
trails.
4. List of rules, procedures and guidelines govern the use of chainsaws and tree removal by MORC
volunteers.
5. MORC will provide and supervise volunteers for the purpose of winter trail grooming, maintenance, and
inspection.
6. MORC will work with the City in developing a routine inspection log report sheet for use by volunteers for
the regularly scheduled inspections that will identify desired items for inspection and implement the use of
this report sheet in the regular inspection of trails.
7. In the event that a trail needs to be rerouted.
8. MORC will recommend to the City for consideration the types, location and language for trail
directional, cautionary and informational signs and install (if requested by the City Public Works
Director) such signage. The City is responsible for providing the signage.
9. A designated MORC representative(s) may make recommendations to the Public Works Supervisor as to
when to close and re-open trails due to poor conditions or other unforeseen circumstances observed during
trail patrol or maintenance activities. The decision whether to close a trail and when to reopen a trail, as
well as the physical closure and re-opening the trail, shall be conducted by the Public Works Department in
collaboration with a designated MORC representatives.
10. MORC representative(s).10. MORC will provide trail patrol volunteers (Ambassadors) as an optional
service to assist in monitoring trail activities and providing assistance to trail users.
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11. MORC and its volunteers shall not interfere with the enjoyment of park users and must abide by the City
Ordinances.
12. MORC shall maintain general liability insurance with coverage of at least $1,500,000.
City Responsibilities
1. The City will review and approve design and implementation plans for all agreed to volunteer activities.
2. The City will provide hand-tools for construction and maintenance activities, upon request and approval of
the Public Works Director. MORC volunteers may operate City approved mechanized power equipment for
the initial construction of the technical trail features and trail re-alignments, upon approval of the
designated Park Maintenance Supervisor responsible for the location for which the work applies.
3. The City will provide Public Works maintenance staff support for approved work on a schedule agreed to
by the Public Works Director.
4. The City will not provide a locked storage unit on site but will allow MORC to provide their own lock box
at an agreed upon location within the park. The City will not provide tools to permanently store in the unit.
Purchase of tools will be the responsibility of MORC.
5. The City will review and consider approval of recommended technical trail feature designs and trail re-
alignments, construction schedules, and trail maintenance schedules.
6. The City will recognize MORC’s contributions for trail design, technical trail feature design and
construction and volunteer maintenance support with appropriate signage provided by MORC at an
appropriate location determined by the City.
7. The City will authorize MORC to have an informational display/booth at the park up to two times per year
for the purposes of providing information about Volunteer opportunities, MORC memberships and
mountain biking events, as approved and coordinated with the Public Works Director.
8. The City will authorize MORC the use of a meeting room space for the purpose of conducting MORC
business meetings such as the Nature Center building at Sunfish Lake Park or other appropriate location, if
space is available.
9. The City will notify MORC of trail closures or events which affect the use of the trail for posting on the
MORC web site.
10. The City Public Works will repair and maintain the park, including the parking areas and other features
within the park which are un-related to mountain biking.
11. The City deferrers the role of determining when a trail shall be open or closed to MORC, but the City
maintains the right to override that decision.
12. The City will require any third party sponsoring or otherwise putting on an event using the singletrack trails
within Sunfish Lake Park subject to this Agreement to agree to (a) repair to the IMBA standards any
damage to the singletrack trails, including the surface of the trails and features, that may occur during the
event, (b) maintain commercial general liability insurance covering the event with a minimum coverage of
$1,500,000, (c) name the City and MORC as additional insureds under the policy, (d) provide a certificate
of insurance showing that the requirements of clauses (b) and (c) are satisfied to the City and MORC before
the event occurs, and (e) obtain releases (in such form as prescribed by the City of Lake Elmo) from event
participants releasing the City and MORC from any liability or damage.
Example Contracts:
Three example contracts have been attached. The other contracts are affiliated with;
- The City of Woodbury
- Wright County/City of Monticello
- Three Rivers Park District
FISCAL IMPACT:
It is possible for there to be a fiscal impact with this proposal. The amount that the City would be fiscally impacted
has yet to be determined. For example, there would be a financial contribution if the City would like to provide tools,
storage unit, etc. From what Staff has been able to gather some Cities the financial contribution would range from
no contribution to tools and lock box. At this time the contract states that the City will not purchase tools or a storage
unit.
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RECOMMENDATION:
The Parks Commission did have a chance to review the agreement and there were a few discussion points which
revolved around protecting the City. For example the Parks Commission would only recommend approval if the
agreement did not relinquish the City of overall control of the park and that additional liabilities would not placed on
the City from 3rd party maintenance. The Commission recommended approval of the volunteer agreement by a 4-0
vote.
City Staff has asked the City attorney to review the document to ensure the City is protected. At this time, Staff is
under the impression that MORC has been helpful in aiding other Cities and Counties in managing the maintenance
requirements of trails throughout the metro area. Although the City could attempt to manage a volunteer group on
its own MORC appears to be able to provide the resources and management capabilities that would be required. They
also come with the known experience that it takes to maintain and repair trails. .
“Approve the volunteer maintenance agreement for Sunfish Lake Park between MORC and the City of Lake
Elmo.”
OPTIONS:
The City Council may:
- Recommend approval of the Agreement
- Recommend Approval of the Agreement with Amendments
- Recommend Denial of the Agreement
ATTACHMENTS:
1. Contract for the City and MORC
2. Example Contracts from other Jurisdictions
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VOLUNTEER AGREEMENT
BETWEEN THE
CITY OF LAKE ELMO
AND THE
MINNESOTA OFF-ROAD CYCLISTS
INTRODUCTION AND PURPOSE
The City of Lake Elmo, and the Minnesota Off-Road Cyclists (MORC) are interested
in promoting off-road bicycling as an outdoor recreation and fitness activity and in
developing and maintaining quality singletrack trails for cyclists of all ability levels.
This Agreement identifies specific locations for supporting these activities, including the
design and construction of technical trail features, trail construction, trail maintenance,
and trail patrol activities, which MORC volunteers have agreed to provide as service to
the City, establishes the responsibilities and conditions under which that
volunteer service will be provided, and delineates the responsibilities of the City of Lake
Elmo (City), with respect to the singletrack trails located at: 1) Sunfish Lake Park
SCOPE OF THE AGREEMENT
City Properties Covered by this Agreement
This Agreement applies to the singletrack bicycle trails located in the following
park(s) operated by the City: 1) Sunfish Lake Park.
Ownership of Improvements
All improvements, constructed on the land of the City, shall be, and remain the property
of the City. All materials, including records, data, and other information
acquired, developed or documented under this Agreement shall be the property of
the originating party, unless otherwise mutually agreed upon by both parties. Entering
into this volunteer contract also clarifies that the services will be provided at no cost to the
City.
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Term of Agreement and Process for Amendments
The term of this Agreement shall start January 1, 2021, and extend through December
31, 2021. Thereafter, this Agreement will be automatically extended for successive
calendar years unless either the City or MORC gives written notice to the other (See
Termination of This Agreement) . During the term of this Agreement, either party may
request an amendment to the Agreement. The party requesting the
amendment will submit the proposed amendment in writing to the other party and the
parties shall reasonably confer on the amendment. Any amendment to this Agreement
must be in writing and signed by both parties.
MORC Volunteers
Volunteers assigned to work under this Agreement are volunteers of MORC and
are covered under the policies and procedures of MORC in relation to volunteer
organization and management. Volunteers are not employees of or individual
volunteers of the City, however they will receive training enabling them to represent
the relationship between MORC and the City as contemplated by this Agreement.
MORC RESPONSIBILITIES
During the term of this Agreement, the responsibilities of MORC are as follows:
1.MORC will provide technical support to the City in determining the location
and design of technical trail features for the singletrack trail, consistent with the
planned ability level of the trail segment in accordance with the
International Mountain Bike Association
(IMBA) guidelines.
2.MORC will provide and supervise volunteers in the construction of approved
technical features and alignment changes.
●Utilize tools owned by MORC and City tools that may be made available by
the Public Works Director or their designee.
●Technical trail features and trail alignment changes must conform to IMBA
guidelines and be City approved designs.
●Train and supervise volunteers in appropriate construction techniques in
accordance with IMBA guidelines.
●Identify a crew leader and submit his or her name and contact information
to the Public Works Director.
●Coordinate work schedule and on-site public notification, when needed,
with the City.
●MORC volunteers may use bikes in the on-site planning and testing of the
trail or technical trail features prior to official trail opening as coordinated
with the Park Maintenance Supervisor.
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3.MORC will provide volunteers to assist with the inspection and hand-work
maintenance of the trail.
●Seasonally submit to the City for approval a schedule identifying minimum
timetable for trail observation/inspection.
●Ensure that all volunteer leadership has received training in trail inspection
and maintenance responsibilities as well as an orientation to the City;
volunteer activities will be supervised by MORC leadership.
●MORC volunteers are authorized to sculpt and/or remove downed trees
found on the trail tread.
●MORC volunteers are authorized to fix and address erosion and degradation
that may occur to the trail tread due to use and or water flow.
●Perform routine maintenance activities. In the event that MORC is unable to
safely and promptly address an identified issue that may create an unsafe
situation, the MORC volunteer will promptly notify the Public Works director
or their designee.
4.The following rules, procedures and guidelines govern the use of chainsaws
and tree removal by MORC volunteers.
●Only individuals who MORC has designated as “chainsaw operators” will be
allowed to operate chainsaws in Sunfish Lake Park. Such designation will
only be granted to individuals who have been trained by MORC in the safe
and proper use of chainsaws.
●No live standing trees (which impact the trail) of native species over 4 inches
(except Oak trees, which shall be at 2 inches or greater) in diameter will be
cut without first receiving approval from the Director of Public Works or their
designee.
●Brush and small trees that are cut should be scattered at least 10 feet off the
trail and branches lopped shall be flush with the tree.
●Large trees up to 12 inches in diameter that fall across the trail may be cut
to clear passage for the bike trail but the remaining portions of the trees
should be left in place provided it’s safe to do so.
●MORC shall notify the designated contact person when there are fallen trees
greater than 12 inches in diameter that need to be cleared from the bike
trail. The City Public Works Department will be responsible for clearing such
trees.
5.MORC may provide and supervise volunteers for the purpose of winter trail
grooming, maintenance, and inspection.
●Routine trail inspection and maintenance shall be conducted during the
winter season under the same guidelines specified by the Agreement for
summer season.
●Develop, implement and evaluate winter trail grooming techniques and
equipment.
●Train and supervise volunteers in appropriate trail grooming techniques in
accordance with MORC guidelines for winter trail use.
●Identify a crew leader(s) for winter grooming who will maintain timely
communication with the Public Works Director or their designee.
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6.MORC will work with the City in developing a routine inspection log report
sheet for use by volunteers for the regularly scheduled inspections that will
identify desired items for inspection and implement the use of this report sheet
in the regular inspection of trails.
●Copies of reports will be periodically submitted to the Public Works Director
or their designee.
7.In the event that a trail needs to be rerouted.
●Prior to making any significant trail alignment changes, MORC will submit
recommendations to the City for such significant trail alignment changes that
may be contemplated by MORC in carrying out the volunteer duties as
outlined in the Agreement; provided that MORC may make the following trail
alignment changes and such changes are not considered significant and do
not need City approval: alignment changes that are within 5 feet of the
existing trail centerline and shorter than 50 feet in length, except as provided
in the next sentence. Any planned reroute within 20 feet of a wetland will
require City approval. In either instance the City shall be made aware of a
reroute.
8.MORC will recommend to the City for consideration the types, location and
language for trail directional, cautionary and informational signs and install (if
requested by the City Public Works Director) such signage. The City is
responsible for providing the signage.
9.A designated MORC representative(s) may make recommendations to the
Public Works Supervisor as to when to close and re-open trails due to poor
conditions or other unforeseen circumstances observed during trail patrol or
maintenance activities. The decision whether to close a trail and when to reopen
a trail, as well as the physical closure and re-opening the trail, shall be
conducted by the Public Works Department in collaboration with a designated
MORC representative(s).
10. MORC will provide trail patrol volunteers (Ambassadors) as an optional service
to assist in monitoring trail activities and providing assistance to trail users.
●MORC may provide volunteers identified and trained by MORC as trail
patrollers to ride and monitor the trail.
●Trail patrollers can offer assistance to trail users within the scope of their
training and volunteer status under MORC.
●Trail patrollers should call 911 for emergency assistance. Trail patrollers
should contact the Sheriffs office specifically for non-emergency situations
such as, to report suspicious activity, uncooperative behaviors or
unauthorized trail use, by calling 911. It may also be appropriate to call the
Public Works Department.
●Provide the City with summary trail safety reports as generated by MORC
volunteer trail patrol.
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11. MORC and its volunteers shall not interfere with the enjoyment of park users
and must abide by the City Ordinances.
12. MORC shall maintain general liability insurance with coverage of at least
$1,500,000 and name the City as an additional insured on said policy.
CITY OF LAKE ELMO RESPONSIBILITIES
During the term of this Agreement, the responsibilities of the City are:
1.The City will review and approve design and implementation plans for all
agreed to volunteer activities.
2.MORC volunteers may operate MORC owned and approved tools and
mechanized power equipment for maintenance of the trail, and the initial
construction of the technical trail features and trail re-alignments, upon
approval of the designated Park Maintenance Supervisor responsible fore the
location for which the work applies.
3.The City will provide Public Works maintenance staff support for
approved work on a schedule agreed to by the Public Works Director.
4.The City will not provide a locked storage unit on site but will allow MORC
to provide their own lock box at an agreed upon location within the park. The
City will not provide tools to permanently store in the unit. Purchase of tools will
be the responsibility of MORC.
5.The City will review and and consider approval of recommended technical
trail feature designs and trail re-alignments, construction schedules, and trail
maintenance schedules.
6.The City will recognize MORC’s contributions for trail design, technical trail
feature design and construction and volunteer maintenance support with
appropriate signage provided by MORC at an appropriate location
determined by the City.
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8.The City will authorize MORC to have an informational display/booth at the
park up to two times per year for the purposes of providing information
about Volunteer opportunities, MORC memberships and mountain biking
events, as approved and coordinated with the Public Works Director.
9.The City will authorize MORC the use of a meeting room space for the
purpose of conducting MORC business meetings such as the Nature Center
building at Sunfish Lake Park or other appropriate locacation, if space is
available.
10.The City will notify MORC of trail closures or events which affect the use of
the trail for posting on the MORC web site.
11.The City Public Works will repair and maintain the park, including the parking
areas and other features within the park which are un-related to mountain
biking.
12.The City deferrers the role of determining when a trail shall be open or closed
to MORC, but the City maintains the right to override that decision.
13.The City will require any third party sponsoring or otherwise putting on an
event using the singletrack trails within Sunfish Lake Park subject to this
Agreement to agree to (a) repair to the IMBA standards any damage to the
singletrack trails, including the surface of the trails and features, that may occur
during the event, (b) maintain commercial general liability insurance covering
the event with a minimum coverage of $1,500,000, (c) name the City and
MORC as additional insureds under the policy, (d) provide a certificate of
insurance showing that the requirements of clauses (b) and (c) are satisfied to
the City and MORC before the event occurs, and (e) obtain releases (in such
form as prescribed by the City of Lake Elmo) from event participants
releasing the City and MORC from any liability or damage.
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OTHER TERMS OF AGREEMENT
Hold Harmless Agreement
Each party agrees that it will be responsible for its own acts and the results thereof and
shall not be responsible for the acts of the other party and the results thereof. Each party,
therefore, agrees that it will assume all risk and liability to itself, its agents or employees,
for the injury to persons or property resulting in any manner from the conduct of its own
operations, and the operation of its agents or employees under this Agreement, for any
loss, cost, damage, or expense resulting at any time from any and all causes due to any
acts or acts of negligence, or the failure to exercise proper precautions, of or by itself or
its own agents or its own employees, while occupying or visiting the parks subject to this
Agreement or the mountain bike singletrack trails within those parks under and pursuant
to the Agreement.
Termination of Agreement
Either party may terminate this Agreement in the event the other party is not performing
its obligations under this Agreement upon 30 days prior written notice to the other party if
the defaulting party has not cured its failure to perform during that 30-day notice period.
Without written notice being provided this agreement shall run
Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the parties pertaining to the
subject matter contained herein and supersedes all prior and contemporaneous
agreements, representations, and understandings of the parties. This Agreement may
be supplemented, modified or amended from time to time by the mutual
written agreement of the City and MORC. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing by the applicable parties.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota, without giving effect to principles of conflict of laws.
Data Practice
This Agreement is governed by Minnesota Statutes Section 13.05, subdivisions 6 and
11, the provisions of which are incorporated by reference into this Agreement. The City
agrees to give MORC access to data collected or maintained by the City as necessary to
perform the MORC’s obligations under this Agreement. MORC agrees to maintain all
data created, collected, received, stored, used, maintained or disseminated by MORC
consistent with the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes Sections 13.02, et seq. (the “Act”). MORC will not release or
disclose the contents of data classified as not public to any person except at the written
direction of the City.
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Public Works Supervisor
Marty Powers
Office: 651-747-3900
Direct Line: 651-747-3941
mpowers@lakeelmo.org
City Planner
Ben Prchal
Office: 651-747-3900
Direct Line: 651-747-3911
bprchal@lakeelmo.org
[Signatures appear on the following page.]
City of Lake Elmo Contacts MORC Contact
Anne Clark, President
PO Box 19520
Minneapolis, MN
55419-0520
Cell: 763-232-2666
president@morcmtb.org
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IN WITNESS WHEREOF, the parties have entered into this Agreement as
of this ____________ day of _________________, 2020.
Minnesota Off-Road Cyclists
PO Box 19520
Minneapolis, Minnesota 55419-0520
By:
City of Lake Elmo
3880 Laverne Ave
Lake Elmo, Minnesota 55042
By:
Title: Mayor
Anne Clark
Title: President
City of Lake Elmo
3880 Laverne Ave
Lake Elmo, Minnesota 55042
By:
Title: City Clerk
AGREEMENT
BETWEEN THE
Wright County, MN AND The City of Monticello, MN
AND THE
MINNESOTA OFF-ROAD CYCLISTS
Bertram Chain of Lakes Regional Park Singletrack Mountain Bike Trail
INTRODUCTION AND PURPOSE
Wright County, The City of Monticello and the Minnesota Off-Road Cyclists (MORC ) are
interested in promoting mountain biking as an outdoor recreation and fitness activity and
in developing and maintaining quality trails for cyclists of all ability levels at the Bertram
Chain of Lakes Regional Park.
This agreement identifies specific projects, including the design and construction of
technical mountain bike trail features , trail maintenance, and trail patrol activities, which
MORC volunteers have agreed to provide as service to Wright County, and The City of
Monticello , this agreement establishes the responsibilities and cond itions under which
that volun teer service will be provided , and delineates the responsibi lities of Wright
County, and The City of Monticello.
SCOPE OF THE AGREEMENT
Ownership of Improvements
All improvements, constructed on Wright County and The City of Monticello lands, shall
be, and remain the property of Wright County and The City of Monticello. All materials ,
including records , data, and other information acqui red , developed or documented
under this Agreement shall be the property of both parties, unless otherwise mutually
agreed upon by both parties.
Term of Agreement . PJ
The term of this Agreement shall start A,~, I 2 , 2019, and extend through
December 31, 2019 . Thereafter, this Agreement will be automatically extended for
successive calendar years unless Wright County, The City of Monticello , or MORC
gives written notice to the other by October 1st preceding the automatic extension that it
does not want to automatically extend this Agreement. During the term of this
Agreement, parties may request an amendment to the Agreement. The party
requesting the amendment will submit the proposed amendment in writi ng to the other
parties and the parties shall reasonably confer on the amendment. Any amendment to
t his Agreement must be in writing and signed by all parties .
MORC Volunteers
Volunteers assigned to work under this agreement at the Bertram Chain of Lakes
Regional Park are volunteers of MORC and are covered under the policies and
procedures of MORC in relation to volunteer organization and management. Volunteers
are not employees of or individual volunteers of Wright County or The City of Monticello ,
however they will receive training enabling them to represent the relationship between
MORC, Wright County, and The City of Monticello .
MORC Responsibilities
1 . Provide technical support to Wright County and The City of Monticello in
determining the location and design of technical features for the Mountain
Bike Trail , consistent with the planned ability level of the trail segment in
accordance with the International Mountain Bike Association (IMBA)
guidelines.
2. Provide and supervise volunteers in the construction of approved technical
features and alignment changes.
• Utilize tools owned by MORC , Wright County , and The City of Monticello
tools that may be made available by the designated Wright County Parks
Maintenance Supervisor.
• Technical features and alignment changes must conform to IMBA
guidelines and Wright County approved designs.
• Train and supervise volunteers in appropriate construction techniques in
accordance with IMBA guidelines.
• Identify a crew leader and submit name to the Park Maintenance
Supervisor.
• Coordinate work schedule and on-site public notification, when needed,
with the designated Park and Recreation Operations Manager.
• MORC volunteers may use bikes in the on-site planning and testing of
technical features prior to official trail opening as coordinated with the Park
and Recreation Operations Manager.
3. Provide volunteers to assist with the inspection and hand-work maintenance
of the trail.
• Seasonally submit to Wright County for approval a schedule identifying
minimum timetable for trail observation/inspection.
• Only individuals who MORC has designated as "equipment operators" will
be allowed to operate equipment on Wright County and The City of
Monticello properties. Such designation will only be granted to individuals
who have been trained by MORC in the safe and proper use of equipment
such as trail mowers, weed whips and other maintenance equipment, and
outfitted with proper personal protective equipment.
• Ensure that all volunteers have received training in trail inspection and
maintenance responsibilities as well as an orientation to Wright County.
• MORC volunteers are authorized to sculpt and/or remove downed trees
found on the trail tread.
• Perform routine maintenance activities. In the event that MORC is unable
to safely and promptly address an identified issue that may create an
unsafe situation , the MORC volunteer should notify the Park Maintenance
Supervisor.
4. Use of Chainsaws and Tree Removal by MORC Volunteers.
• Only individuals who MORC has designated as "chainsaw operators" will
be allowed to operate chainsaws on Wright County and The City of
Monticello properties . Such designation will only be granted to individuals
who have been trained by MORC in the safe and proper use of
chainsaws, and outfitted with proper personal protective equipment
• No live standing trees of native species over 4 inches ( except Oak trees,
which shall be at 2 inches or greater) in diameter will be cut without first
receiving approval from the designated Park Maintenance Supervisor.
• Brush and small trees that are cut should be scattered at least 10 feet off
the trail and lopped up so that no portion extends more than 3 feet above
the ground .
• Large trees up to 12 inches in diameter that fall across the trail may be cut
to clear passage for the bike trail but the remaining portions of the trees
should be left in place provided it's safe to do so .
• MORC shall notify the Park Maintenance Supervisor when there are fallen
trees greater than 12 inches in diameter that need to be cleared from the
bike trail. Wright County crews will be responsible for clearing such trees.
5. Provide and supervise volunteers for the purpose of winter trail grooming ,
maintenance, and inspection.
• Routine trail inspection and maintenance shall be conducted during the
winter season under the same guidelines specified by the Agreement for
summer season.
• Develop , implement and evaluate winter trail grooming techniques and
equipment.
• Train and supervise volunteers in appropriate trail grooming techniques in
accordance with MORC guidelines for winter trail use.
• Identify a crew leader(s) for winter grooming who will maintain t imely
communication with the designated Park and Recreation Operations
Manager.
6. Work with Wright County and the City of Monticello in developing a routine
inspection log report sheet for use by volunteers for the regularly scheduled
inspections that will identify desired items for inspection and implement the
use of this report sheet in the regular inspection of trails .
• Copies of reports should be submitted to the Parks and Recreation
Operations Manager.
7. Prior to making any trail alignment changes, submit recommendations to
Wright County for any significant trail alignment changes that may
contemplated by MORC in carrying out the volunteer duties as outlined in the
MOU . Changes that do not need Wright County approval are within 5 feet of
the existing trail centerline and shorter 50 feet in length. Any planned reroute
within 20 feet of a wetland will require Wright County approval.
8. Recommend to Wright County and The City of Monticello for consideration
the types, location and language for trail directional, cautionary and
informational signs and install (if requested by Wright County and The City of
Monticello).
9. A designated MORC representative(s) may make recommendations to The
Parks and Recreation Operations Manager as to when to close and re-open
trails due to poor conditions or other unforeseen circumstances observed
during trail patrol or maintenance activities.
10. Provide trail patrol volunteers (Ambassadors) as an optional service to assist
in monitoring trail activities and providing assistance to trail users.
• MORC may provide volunteers identified and trained by MORC as trail
patrollers to ride and monitor the trail.
• Trail patrollers can offer assistance to trail users within the scope of their
training and volunteer status under MORC.
• Trail patrollers should call 911 for emergency assistance (Wright County
Public Safety may not be the first response unit to arrive at the scene). To
contact Wright County Public Safety specifically for non-emergency
situations such as, to report suspicious activity, uncooperative behaviors,
or unauthorized trail use, call the Wright County Sheriff Dispatch at 763-
682-7600Trail patrol should be communicated with the Park and
Recreation Operations Manager.
• Provide Wright County with summary trail safety reports as generated by
MORC volunteer trail patrol.
11 . Hold Harmless Agreement
Each party agrees that it will be responsible for its own acts and the results
thereof and shall not be responsible for the acts of the other party and the
results thereof. Each party , therefore, agrees that it will assume all risk and
liability to itself, its agents or employees, for the injury to persons or property
resulting in any manner from the conduct of its own operations, and the
operation of its agents or employees under this agreement, for any loss, cost,
damage, or expense resulting at any time from any and all causes due to any
acts or acts of negligence, or the failure to exercise proper precautions, of or
by itself or its own agents or its own employees , while occupying or visiting
the premises under and pursuant to the agreement.
12. MORC may not interfere with the enjoyment of park users and must abide by
Wright County Park Ordinances.
WRIGHT COUNTY and The City of MONTICELLO RESPONSIBILITIES:
1. To review and approve design and implementation plans for all agreed to
volunteer activities.
2. To purchase materials as agreed upon and, if needed, to be used in the
construction of approved technical features.
3. To loan hand-tools for construction and maintenance activities, upon request
and approval of designated Park Maintenance Supervisor.
4. To provide Park maintenance staff support for approved work on a schedule
agreed to by Park Maintenance Supervisor.
5. To review and approve recommended technical feature designs, construction
schedules and trail maintenance schedules.
6. To recognize MORC's contributions for trail design, technical feature design
and construction and volunteer maintenance support in appropriate signage
at an appropriate location in a manner approved by Wright County and to be
coordinated through the Parks and Recreation Director.
7. To display a message about the MORC organization and event opportunities
in manner approved by Wright County and The City of Monticello at a location
approved by the Parks and Recreation Director.
8. To authorize MORC to have an informational display/booth at the trailhead up
to two times per year for the purposes of providing information about MORC
memberships and mountain biking events, as approved and coordinated with
Parks and Recreation Operations Manager. Informational displays may also
be approved for Wright County and The City of Monticello permitted mountain
bike races or events. Requests for a permit for direct financia l solicitation
(membership sales) must be approved in advance by the Parks and
Recreation Director.
9. To notify MORC of trail closures or events which affect the use of the trail for
posting on the MORC web site.
Termination of Agreement
This Agreement may be terminated by either party upon delivery of 30-day written
notice to the other party .
Amendment of Agreement
This Agreement shall not be altered, changed or amended except by written mutual
agreement of the parties
MORC Contacts
Anne Clark, President
PO Box 19520
Minneapolis, MN 55419-0520
Cell : 612-840-7490
president@morcmtb .org
anneclark.mn@gmail.com
Wright County Contacts
Park Maintenance Supervisor
Ralph Borell
Office: 763-682-7694
Cell: 763-286-6015
Ralph.borell@co .wright.mn .us
Agreement Administration
Graydon Betts , Trail Steward
Cell : 952-913-3834
graydon . b@morcm tb .org
graydonbetts@gmail .com
Parks and Recreation Operations Manager
Bradley Harrington
Office: 763-682-7894
bradley .harrington@co.wright.mn.us
Marc Mattice; Parks and Recreation Director
3500 Braddock Avenue NE, Buffalo , MN 55313
Office: 763-682-7693
IN WITNESS WHEREOF , the parties have entered into this Agreement
as of this ---=2_=-~-c1 ____ day of Apr-,· I
Wright County
3500 ddock Avenue NE
Bu o, i?r~r5313
By: ~-.::--,,i........:.~:....._._l_ ~-N,1,-~--=::::-
Title: Cowif:_1130.u-d Clu,.i v
, 2019.
Minnesota Off-Road Cyclists
PO Box 19520
Minneapolis, Minnesota 55419-0520
Title: President
City of Monticello
505 Walnut Street
Monticello, MN 55362
By: ~
Title : _.e__:__...,t..-_,...,.._ ____ _
1
AGREEMENT
BETWEEN THE
THREE RIVERS PARK DISTRICT
AND THE
MINNESOTA OFF-ROAD CYCLISTS
INTRODUCTION AND PURPOSE
The Three Rivers Park District (Park District), and the Minnesota Off -Road Cyclists
(MORC) are interested in promoting off-road bicycling as an outdoor recreation and
fitness activity and in developing and maintaining quality singletrack trails for cyclists of
all ability levels.
This Agreement identifies specific locations for supporting these activities, including the
design and construction of technical trail features, trail construction, trail maintenance,
and trail patrol activities, which MORC volunteers have agreed to provide as service to
the Park District, establishes the responsibilities and conditions under which that
volunteer service will be provided, and delineates the responsibilities of the Park District,
with respect to the singletrack trails located at: 1) Murphy-Hanrehan Park Reserve 2) Elm
Creek Park Reserve, 3) Lake Rebecca Park Reserve, and 4) Carver Park Reserve
SCOPE OF THE AGREEMENT
Park District Properties Covered by this Agreement
This Agreement applies to the singletrack bicycle trails located in the following parks
operated by the Park District: 1) Murphy-Hanrehan Park Reserve 2) Elm Creek Park
Reserve, 3) Lake Rebecca Park Reserve, and 4) Carver Park Reserve.
Ownership of Improvements
All improvements, constructed on the land of the Park District, shall be, and remain the
property of the Park District. All materials, including records, data, and other information
acquired, developed or documented under this Agreement shall be the property of the
originating party, unless otherwise mutually agreed upon by both parties.
2
Term of Agreement and Process for Amendments
The term of this Agreement shall start January 1, 2020, and extend through December
31, 2020. Thereafter, this Agreement will be automatically extended for successive
calendar years unless either the Park District or MORC gives written notice to the other
by October 1st preceding the automatic extension that it does not want to automatically
extend this Agreement. During the term of this Agreement, either party may request an
amendment to the Agreement. The party requesting the amendment will submit the
proposed amendment in writing to the other party and the parties shall reasonably confer
on the amendment. Any amendment to this Agreement must be in writing and signed by
both parties.
MORC Volunteers
Volunteers assigned to work under this Agreement are volunteers of MORC and are
covered under the policies and procedures of MORC in relation to volunteer organization
and management. Volunteers are not employees of or individual volunteers of the Park
District, however they will receive training enabling them to represent the relationsh ip
between MORC and the Park District as contemplated by this Agreement.
MORC RESPONSIBILITIES
During the term of this Agreement, the responsibilities of MORC are as follows:
1. MORC will provide technical support to the Park District in determining the
location and design of technical trail features for the singletrack trail, consistent
with the planned ability level of the trail segment in accordance with the
International Mountain Bike Association (IMBA) guidelines.
2. MORC will provide and supervise volunteers in the construction of approved
technical features and alignment changes.
● Utilize tools owned by MORC and Park District tools that may be made
available by the designated Park District Maintenance Supervisor.
● Technical trail features and trail alignment changes must conform to IMBA
guidelines and Park District approved designs.
● Train and supervise volunteers in appropriate construction techniques in
accordance with IMBA guidelines.
● Identify a crew leader and submit his or her name and contact information
to the designated Park District Maintenance Supervisor.
● Coordinate work schedule and on-site public notification, when needed,
with the designated Park Maintenance Supervisor.
● MORC volunteers may use bikes in the on-site planning and testing of
technical trail features prior to official trail opening as coordinated with the
Park Maintenance Supervisor.
3
3. MORC will provide volunteers to assist with the inspection and hand-work
maintenance of the trail.
● Seasonally submit to the Park District for approval a schedule identifying
minimum timetable for trail observation/inspection.
● Ensure that all volunteer leadership has received training in trail inspection
and maintenance responsibilities as well as an orientation to the Park
District; volunteer activities will be supervised by MORC leadership.
● MORC volunteers are authorized to sculpt and/or remove downed trees
found on the trail tread.
● Perform routine maintenance activities. In the event that MORC is unable
to safely and promptly address an identified issue that may create an unsafe
situation, the MORC volunteer will promptly notify the Park District
Maintenance Supervisor on duty.
4. The following rules, procedures and guidelines govern the use of chainsaws
and tree removal by MORC volunteers.
● Only individuals who MORC has designated as “chainsaw operators ” will
be allowed to operate chainsaws on Park District properties. Such
designation will only be granted to individuals who have been trained by
MORC in the safe and proper use of chainsaws.
● No live standing trees of native species over 4 inches (except Oak trees,
which shall be at 2 inches or greater) in diameter will be cut without first
receiving approval from the designated Park District Maintenance
Supervisor.
● Brush and small trees that are cut should be scattered at least 10 feet off
the trail and lopped up so that no portion extends more than 3 feet above
the ground.
● Large trees up to 12 inches in diameter that fall across the trail may be cut
to clear passage for the bike trail but the remaining portions of the trees
should be left in place provided it’s safe to do so.
● MORC shall notify the designated Park District maintenance staff contact
person when there are fallen trees greater than 12 inches in diameter that
need to be cleared from the bike trail. Park District crews will be responsible
for clearing such trees.
5. MORC will provide and supervise volunteers for the purpose of winter trail
grooming, maintenance, and inspection.
● Routine trail inspection and maintenance shall be conducted during the
winter season under the same guidelines specified by the Agreement for
summer season.
● Develop, implement and evaluate winter trail grooming techniques and
equipment.
● Train and supervise volunteers in appropriate trail grooming techniques in
accordance with MORC guidelines for winter trail use.
● Identify a crew leader(s) for winter grooming who will maintain timely
communication with the designated Park District Maintenance Supervisor.
4
6. MORC will work with the Park District in developing a routine inspection log
report sheet for use by volunteers for the regularly scheduled inspections that
will identify desired items for inspection and implement the use of this report
sheet in the regular inspection of trails.
● Copies of reports will be periodically submitted to the Park District
Maintenance Supervisor.
7. Prior to making any significant trail alignment changes, MORC will submit
recommendations to the Park District for such significant trail alignment
changes that may be contemplated by MORC in carrying out the volunteer
duties as outlined in the Agreement; provided that MORC may make the
following trail alignment changes and such changes are not considered
significant and do not need Park District approval: alignment changes that are
within 10 feet of the existing trail centerline and shorter 50 feet in length, except
as provided in the next sentence. Any planned reroute within 20 feet of a
wetland will require Three Rivers Park District approval.
8. MORC will recommend to the Park District for consideration the types, location
and language for trail directional, cautionary and informational signs and install
(if requested by the Park District) such signage. The Park District will provide
the signage.
9. A designated MORC representative(s) may make recommendations to the
Park District’s Maintenance Supervisor as to when to close and re-open trails
due to poor conditions or other unforeseen circumstances observed during trail
patrol or maintenance activities. The decision whether to close a trail and when
to reopen a trail, as well as the physical closure and re-opening the trail, shall
be conducted by the Park District in collaboration with a designated MORC
representative(s).
10. MORC will provide trail patrol volunteers (Ambassadors) as an optional service
to assist in monitoring trail activities and providing assistance to trail users.
● MORC may provide volunteers identified and trained by MORC as trail
patrollers to ride and monitor the trail.
● Trail patrollers can offer assistance to trail users within the scope of their
training and volunteer status under MORC.
● Trail patrollers should call 911 for emergency assistance (Park District
Police may not be the first response unit to arrive at the scene). Trail
patrollers should contact Park District Police specifically for non-emergency
situations such as, to report suspicious activity, uncooperative behaviors or
unauthorized trail use, by calling 911 and request to be put in contact with
a Three Rivers Park District Police Officer.
● Trail patrol activities should be communicated in advance to the Park
District’s Park Operations Supervisor
5
● Provide the Park District with summary trail safety reports as generated by
MORC volunteer trail patrol.
11. MORC and its volunteers shall not interfere with the enjoyment of park users
and must abide by Park District Ordinances.
12. MORC shall maintain general liability insurance with coverage of at least
$1,500,000.
PARK DISTRICT RESPONSIBILITIES
During the term of this Agreement, the responsibilities of the Park District are:
1. The Park District will review and approve design and implementation plans for
all agreed to volunteer activities.
2. The Park District will purchase materials, if needed, to be used in the
construction of approved technical features.
3. The Park District will provide hand-tools for construction and maintenance
activities, upon request and approval of designated Park District Maintenance
Supervisor. MORC volunteers may operate mechanized power equipment for
the initial construction of the technical trail features and trail re-alignments,
upon approval of the designated Park Maintenance Supervisor responsible for
the location for which the work applies.
4. The Park District will provide Park District maintenance staff support for
approved work on a schedule agreed to by the Park District Maintenance
Supervisor.
5. The Park District will provide hand tools in a locked storage unit on site and
provide MORC access to the tool storage. A tool checklist will be in the storage
unit. Users should record missing or damaged tools on the checklist and report
to the Park District Maintenance Supervisor.
6. The Park District will review and approve recommended technical t rail feature
designs and trail re-alignments, construction schedules, and trail maintenance
schedules.
7. The Park District will recognize MORC’s contributions for trail design, technical
trail feature design and construction and volunteer maintenance support in
appropriate signage at an appropriate location in a manner approved by the
Park District and to be coordinated through the Park Operations Supervisor.
6
8. The Park District will display a message about the MORC organization and
event opportunities in a manner approved by the Park District at a location
approved by the designated Park Operations Supervisor.
9. The Park District will authorize MORC to have an informational display/booth
at each trailhead up to two times per year for the purposes of providing
information about MORC memberships and mountain biking events, as
approved and coordinated with the Park District Facility Operations Supervisor.
MORC informational displays may also be approved for Park District permitted
mountain bike races or events. Requests for a permit for direct financial
solicitation (membership sales) must be approved in advance b y the Board of
Commissioners.
10. The Park District will authorize MORC the use of meeting room space for the
purpose of conducting MORC business meetings at the Field Operation Center
building located at French Regional Park in Plymouth, MN.
11. The Park District will notify MORC of trail closures or events which affect the
use of the trail for posting on the MORC web site.
12. The Park District will repair and maintain the parks, including the parking areas
and other features of the parks.
13. The Park District will provide public safety services, including Park Police
patrols, to ensure the proper use of the parks.
14. The Park District will make all decisions as to when to close and re-open trails
due to poor conditions or other unforeseen circumstances. The Par k District
will promptly notify MORC when any trail is closed and when any trail is re-
opened.
15. The Park District will require any third party sponsoring or otherwise putting on
an event using the singletrack trails within the three parks subject to this
Agreement to agree to (a) repair to the IMBA standards any damage to the
singletrack trails, including the surface of the trails and features, that may occur
during the event, (b) maintain commercial general liability insurance covering
the event with a minimum coverage of $1,500,000, (c) name the Park District
and MORC as additional insureds under the policy, (d) provide a certificate of
insurance showing that the requirements of clauses (b) and (c) are satisfied to
the Park District and MORC before the event occurs, and (e) obtain releases
(in such form as prescribed by the Park District) from event participants
releasing the Park District and MORC from any liability or damage.
OTHER TERMS OF AGREEMENT
7
Hold Harmless Agreement
Each party agrees that it will be responsible for its own acts and the results thereof and
shall not be responsible for the acts of the other party and the results thereof. Each party,
therefore, agrees that it will assume all risk and liability to itself, its agents or employees,
for the injury to persons or property resulting in any manner from the conduct of its own
operations, and the operation of its agents or employees under this Agreement, for any
loss, cost, damage, or expense resulting at any time from any and all causes due to any
acts or acts of negligence, or the failure to exercise proper precautions, of or by itself or
its own agents or its own employees, while occupying or visiting the parks subject to this
Agreement or the mountain bike singletrack trails within those parks under and pursuant
to the Agreement.
Termination of Agreement
Either party may terminate this Agreement in the event the other party is not performing
its obligations under this Agreement upon 30 days prior written notice to the other party if
the defaulting party has not cured its failure to perform during that 30 -day notice period.
Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the parties pertaining to the
subject matter contained herein and supersedes all prior and contemporaneous
agreements, representations, and understandings of the parties. This Agreement may
be supplemented, modified or amended from time to time by the mutual written
agreement of the Park District and MORC. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing by the applicable parties.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota, without giving effect to principles of conflict of laws.
MORC Contact
Anne Clark, President
PO Box 19520
Minneapolis, MN 55419-0520
Cell: 763-232-2666
president@morcmtb.org
Park District Contacts
8
Park Maintenance Supervisor Park Operations Supervisor
Elm Creek Park Reserve Elm Creek Park Reserve
Nick Beaufeaux Bruce Bolduan
Office: 763-694-7746 Office: 763-694-7895
Cell: 612-490-0841 Cell: 612-290-0112
Nick.beaufeaux@threeriversparks.org bruce.bolduan@threeriversparks.org
Park Maintenance Supervisor Park Operations Supervisor
Murphy-Hanrehan Park Reserve Murphy-Hanrehan Park Reserve
Justin Markeson Tom Balk
Office: 763-559-6752 Office: 763-694-7782
Cell: 612-249-4920 Cell: 612-290-0102
Justin.markeson@threeriversparks.org tom.balk@threeriversparks.org
Park Maintenance Supervisor Park Operations Supervisor
Lake Rebecca Park Reserve Lake Rebecca Park Reserve
Matt Connor Bri Koch
Office: 763-694-7865 Office: 763-694-7663
Cell: 612-490-0842 Cell: 612-704-0770
tom.vetsch@threeriversparks.org bri.koch@threeriversparks.org
Park Maintenance Supervisor Park Operations Supervisor
Carver Park Reserve Carver Park Reserve
Pete Hill Darren Dummer
Office: 763-694-7796 Office: 763-694-2012
Cell: 612-490-0910 Cell: 612-290-0106
Pete.Hill@threeriversparks.org Darren.Dummer@threeriversparks.org
Maintenance Supervisor On-Duty Trail and Technical Feature
Coordination
Nights and Weekends Contact Jay Thompson
763-694-7867 Office: 763-694-2071
Cell: 612-490-1594
Jay.thompson@threeriversparks.org
Agreement Administration
Luke Skinner, Assoc. Super.
3000 Xenium Lane North
Plymouth, MN 55441
Office: 763-383-2536
Cell: 612-368-5328
luke.skinner@threeriversparks.org
[Signatures appear on the following page.]
9
IN WITNESS WHEREOF, the parties have entered into this Agreement as of this
______22______ day of ______January______, 2020.
Three Rivers Park District Minnesota Off-Road Cyclists
3000 Xenium Lane North PO Box 19520
Plymouth, Minnesota 55441 Minneapolis, Minnesota 55419-0520
By: By:
Luke Skinner Anne Clark
Title: Associate Superintendent Title: President
Memorandum of Agreement
BETWEEN THE
City of Woodbury, MN
AND THE
MINNESOTA OFF-ROAD CYCLISTS
INTRODUCTION AND PURPOSE
The City of Woodbury, MN and the Minnesota Off-Road Cyclists (MORC) are interested
in promoting off-road bicycling as an outdoor recreation and fitness activity and in
developing and maintaining quality off-road cycling trails for cyclists of all ability levels.
This Agreement identifies specific locations for supporting these activities, including the
design and construction of technical trail features, trail construction, trail maintenance,
and trail patrol activities, which MORC volunteers have agreed to provide as service to
the City of Woodbury, establishes the responsibilities and conditions under which that
volunteer service will be provided, and delineates the responsibilities of the City of
Woodbury, with respect to the off-road cycling trails located at Carver Lake Park.
SCOPE OF THE AGREEMENT
City of Woodbury Properties Covered by this Agreement
This Agreement applies to the off-road cycling trails located at Carver Lake Park (3175
Century Ave. S., Woodbury, MN 55125)
Ownership of Improvements
All improvements, constructed on City of Woodbury park property, shall be, and remain
the property of the City of Woodbury. All materials, including records, data, and other
information acquired, developed or documented under this Agreement shall be the
property of the originating party, unless otherwise mutually agreed upon by both parties.
Term of Agreement and Process for Amendments
The term of this Agreement shall start June 1, 2017 and extend through December 31,
2020. It is further provided, however that either party may terminate this agreement by
providing written notice of termination with an effective date of termination no sooner
than sixty (60) days following service of such notice. During the term of this Agreement,
either party may request an amendment to the Agreement. The party requesting the
amendment will submit the proposed amendment in writing to the other party and the
parties shall reasonably confer on the amendment. Any amendment to this Agreement
must be in writing and signed by both parties.
MORC Volunteers
Volunteers assigned to work under this Agreement are volunteers of MORC and are
covered under the policies and procedures of MORC in relation to volunteer
organization and management. Volunteers are not employees of or individual
volunteers of the City of Woodbury, however they will receive training enabling them to
represent the relationship between MORC and the City of Woodbury as contemplated
by this Agreement.
MORC RESPONSIBILITIES
During the term of this Agreement, the responsibilities of MORC are as follows:
1. MORC will provide technical support to the City of Woodbury in determining
the location and design of technical trail features for the off-road cycling trail,
consistent with the planned ability level of the trail segment in accordance with
the International Mountain Bike Association (IMBA) guidelines.
2. MORC will provide and supervise volunteers in the construction of approved
technical features and alignment changes.
• Utilize tools owned by MORC and City of Woodbury tools that may be
made available and approved by the designated City of Woodbury Parks
Supervisor.
• Technical trail features and trail alignment changes must conform to IMBA
guidelines and City of Woodbury approved designs.
• Train and supervise volunteers in appropriate construction techniques in
accordance with IMBA guidelines.
• Identify a crew leader and submit his or her name to the designated City of
Woodbury Parks Supervisor.
• Coordinate work schedule and on-site public notification, when needed,
with the designated Parks Supervisor.
• MORC volunteers may use bikes in the on-site planning and testing of
technical trail features prior to official trail opening as coordinated with the
Parks Supervisor.
' . \ '
3. MORC will provide volunteers to assist with the inspection and hand-work
maintenance of the trail.
• Seasonally submit to the City of Woodbury for approval a schedule
identifying minimum timetable for trail observation/inspection.
• Ensure that all volunteers have received training in trail inspection and
maintenance responsibilities as well as an orientation to the City of
Woodbury.
• MORC volunteers are authorized to sculpt and/or remove downed trees
found on the trail tread.
• Perform routine maintenance activities. In the event that MORC is unable
to safely and promptly address an identified issue that may create an
unsafe situation, the MORC volunteer will promptly notify the City of
Woodbury Parks Supervisor or Parks staff on duty.
• No site improvements, grading, or land disturbance work shall be done
without the express approval of the Woodbury Parks Department.
4. The following rules, procedures and guidelines govern the use of chainsaws
and tree removal by MORC volunteers.
• Only individuals who MORC has designated as "chainsaw operators" will
be allowed to operate chainsaws on City of Woodbury properties. Such
designation will only be granted to individuals who have been trained by
MORC in the safe and proper use of chainsaws.
• No live standing trees of native species over 4 inches (except Oak trees,
which shall be at 2 inches or greater) in diameter will be cut without first
receiving approval from the designated City of Woodbury Parks Specialist.
• Brush and small trees that are cut should be scattered at least 10 feet off
the trail and lopped up so that no portion extends more than 3 feet above
the ground.
• Large trees up to 12 inches in diameter that fall across the trail may be cut
to clear passage for the bike trail but the remaining portions of the trees
should be left in place provided it's safe to do so.
• MORC shall notify the designated City of Woodbury Parks Supervisor
when there are fallen trees greater than 12 inches in diameter that need to
be cleared from the bike trail. City of Woodbury crews will be responsible
for clearing such trees.
5. MORC will provide and supervise volunteers for the purpose of winter trail
grooming, maintenance, and inspection.
• Routine trail inspection and maintenance shall be conducted during the
winter season under the same guidelines specified by the Agreement for
summer season.
• Develop, implement and evaluate winter trail grooming techniques and
equipment.
• Train and supervise volunteers in appropriate trail grooming techniques in
accordance with MORC guidelines for winter trail use.
• Identify a crew leader(s) for winter grooming who will maintain timely
communication with the designated City of Woodbury Parks Supervisor.
6. MORC will work with the City of Woodbury in developing a routine inspection
log report sheet for use by volunteers for the regularly scheduled inspections
that will identify desired items for inspection and implement the use of this
report sheet in the regular inspection of trails.
• Copies of reports will be periodically submitted to the City of Woodbury
Parks Supervisor.
7. Prior to making any trail alignment changes, MORC will submit
recommendations to the City of Woodbury. Any planned reroute within 20 feet
of a wetland will require City of Woodbury written approval.
8. MORC will recommend to the City of Woodbury for consideration the types,
location and language for trail directional, cautionary and informational signs
and install (if requested by the City of Woodbury) such signage. The City of
Woodbury will provide the signage.
9. A designated MORC representative(s) may make recommendations to the
City of Woodbury's Parks Supervisor as to when to close and re-open trails
due to surface conditions or other unforeseen circumstances observed during
trail patrol or maintenance activities . The decision whether to close a trail and
when to reopen a trail shall be made by the City of Woodbury Parks
Department.
10. MORC will provide trail patrol volunteers (Ambassadors) as an optional
service to assist in monitoring trail activities and providing assistance to trail
users .
• MORC may provide volunteers identified and trained by MORC as trail
patrollers to ride and monitor the trail.
• Trail patrollers can offer assistance to trail users within the scope of their
training and volunteer status under MORC.
• Trail patrollers should call 911 for emergency assistance (City of
Woodbury Police may not be the first response unit to arrive at the scene).
Trail patrollers should contact City of Woodbury Police specifically for non-
emergency situations such as, to report suspicious activity, uncooperative
behaviors or unauthorized trail use, by calling 911 and request to be put in
contact with City of Woodbury Police Officer. MORC volunteers are not to
engage in rules enforcement or police functions .
• Trail patrol activities should be communicated in advance to the City of
Woodbury's Parks Supervisor.
• Provide the City of Woodbury with summary trail safety reports as
generated by MORC volunteer trail patrol.
11. MORC must have all trail crew leaders complete volunteers forms with the
city of Woodbury on an annual basis beginning each calendar year.
12. MORC and its volunteers shall not interfere with the enjoyment of park users
and must abide by City of Woodbury Ordinances.
13. MORC must provide the City with an updated Certificate of Insurance each
year.
14. MORC will provide documentation of any training it requires or provides its
lead volunteers.
CITY OF WOODBURY RESPONSIBILITIES
During the term of this Agreement, the responsibilities of the City of Woodbury are:
1. The City of Woodbury will review, comment and have the right to approve
design and implementation plans for all agreed to volunteer activities.
2. The City of Woodbury will purchase materials, if needed, to be used in the
construction of approved technical features.
3. The City of Woodbury will loan hand-tools for construction and maintenance
activities, upon request and approval of designated City of Woodbury Parks
Supervisor. MORC volunteers may operate mechanized power equipment for
the initial construction of the technical trail features and trail re-alignments,
upon approval of the designated Parks Supervisor responsible for the location
for which the work applies.
4. The City of Woodbury will provide maintenance staff support for approved
work on a schedule agreed to by the City of Woodbury Parks Supervisor.
5. The City of Woodbury will provide a locked storage unit on site and provide
MORC access to the tool storage. A tool checklist will be in the storage unit.
6. The City of Woodbury will review, comment and have the right to approve
recommended technical trail feature designs and trail re-alignments,
construction schedules, and trail maintenance schedules.
7. The City of Woodbury will publically recognize MORC's contributions for trail
design, technical trail feature design and construction and volunteer
maintenance support in appropriate signage at an appropriate location in a
manner approved by the City of Woodbury and to be coordinated through the
Parks Supervisor.
8. The City of Woodbury will display a message about the MORC organization
and event opportunities in manner approved by the City of Woodbury at a
location approved by the Parks Supervisor.
9. The City of Woodbury will authorize MORC to have an informational
display/booth at each trailhead up to two times per year for the purposes of
providing information about MORC memberships and mountain biking events,
as approved and coordinated with the City of Woodbury Parks Supervisor.
MORC informational displays may also be approved for City of Woodbury
permitted mountain bike races or events. Requests for a permit for direct
financial solicitation (membership sales) must be approved in advance by the
City of Woodbury Parks and Recreation Department.
10. The City of Woodbury will notify MORC of trail closures or events which
affect the use of the trail for posting on the MORC web site.
11. The City of Woodbury will repair and maintain the parks, including the parking
areas and other features of the parks.
12. The City of Woodbury will provide public safety services, including police
patrols, to ensure the proper use of the parks.
13. The City of Woodbury will make all decisions as to when to close and re-open
trails due to poor conditions or other unforeseen circumstances. The City of
Woodbury will promptly notify MORC when any trail is closed and when any
trail is re-opened.
14. The City of Woodbury will require any third party sponsoring or otherwise
putting on an event using the off-road cycling trails within the park subject to
this Agreement to agree to (a) repair to the IMBA standards any damage to
the off-road cycling trails, including the surface of the trails and features, that
may occur during the event, (b) maintain commercial general liability
insurance covering the event with a minimum coverage of $1,500,000, (c)
name the City of Woodbury and MORC as additional insureds under the
policy, (d) provide a certificate of insurance showing that the requirements of
clauses (b) and (c) are satisfied to the City of Woodbury and MORC before
the event occurs, and (e) obtain releases (in such form as prescribed by the
City of Woodbury) from event participants releasing the City of Woodbury and
MORC from any liability or damage.
OTHER TERMS OF AGREEMENT
Hold Harmless Agreement
Each party agrees that it will be responsible for its own acts, and that of it's volunteers,
and the results thereof and shall not be responsible for the acts of the other party and
the results thereof. Each party, therefore, agrees that it will assume all risk and liability
to itself, its agents, volunteers or employees, for the injury to persons or property
resulting in any manner from the conduct of its own operations, and the operation of its
agents, volunteers or employees under this Agreement, for any injury, loss, cost,
damage, or expense resulting at any time from any and all causes due to any acts or
acts of negligence, or the failure to exercise proper precautions, of or by itself or its own
agents, volunteers or its own employees, while occupying or visiting the park subject to
this Agreement or the off-road cycling trails within the park under and pursuant to the
Agreement.
' .•
Termination of Agreement
Either party may terminate this Agreement upon sixty (60) days prior written notice to
the other party.
Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the parties pertaining to the
subject matter contained herein and supersedes all prior and contemporaneous
agreements, representations, and understandings of the parties. This Agreement may
be supplemented, modified or amended from time to time by the mutual written
agreement of the City of Woodbury and MORC. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by the
applicable parties.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota, without giving effect to principles of conflict of laws.
MORC Contacts
Matt Andrews, Executive Director
PO Box 19520
Minneapolis, MN 55419-0520
Cell: 612-272-8271
matt.andrews@morcmtb.org
City of Woodbury Contacts
Recreation Manager
Reed Smidt
Office: 651-714-3588
Cell: 763-232-2666
reed.smidt@woodburymn.gov
Parks Supervisor
Paul Griffin
Office: 651-714-3732
Cell: 651-600-7670
paul.griffin@woodburymn.gov
Assistant Parks and Recreation Director
Mike Adams
Office: 651-414-3435
mike.adams@woodburymn.gov
Assistant Parks Supervisors
Kevin Burshten / Amy Howard
Kevin Office: 651-414-3487
Kevin Cell: 651-307-3445
Amy Office: 651-414-3486
Amy Cell: 651-285-4810
kevin. burshten@woodburymn.gov
amy.howard@woodburymn.gov
Operations Supervisor
Jodi Sauro
Office: 651-714-3581
Jodi.sauro@woodburymn.gov
IN WITNESS WHEREOF, the parties have entered into this Agreement as of this
day of August -----01st
City of Woodbury
8301 Valley Creek Road
~
~~ns
Title: __.._~----------
APPROVED A
By:
erli
Attorney
.__ I
, 2017.
Da tea: 4,1 .,«, r 1 ':" z-, 7
Minnesota Off-Road Cyclists
PO Box 19520
Minneapolis, Minnesota 55419-0520
Title: Executive Director
Attest: ~/4-.f -~-------