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HomeMy WebLinkAboutAgenda - 03-13-2007-5jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 13, 2007 Action Agenda Item No. ~_ SUBJECT: Little River Park Bike Trail Agreement Renewal DEPARTMENT: Recreation and Parks PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Draft Contract Lori Taft, 245-2660 Park Map Geoff Gledhill, 732-2196 PURPOSE: To consider renewal of a Memorandum of Understanding (MOU) between Orange and Durham counties and a Mountain Bike Organization for the purpose of continuing the establishment and maintenance of mountain bike trails at Little River Regional Park. BACKGROUND: In August of 2002, Orange and Durham counties entered into an agreement with an entity called Durham Orange Mountain Bike Organization (DOMBO). From that time through opening of the park in 2004 and until recently, the MOU has been upheld and the relationship between partners. has been mutually beneficial. The park has benefited from many hours of volunteer labor in the establishment and maintenance of seven miles of mountain bike trails. Some time ago, DOMBO merged into a larger, regional group called the Southern Off-Road Bicycle Association (SORBA), and the former DOMBO became the Triangle Off Road Cyclists (TORC) - a chapter of SORBA. The DOMBO group is effectively no longer a viable organization, so it has become necessary to rewrite the MOU reflecting this new organization. Once the new MOU is executed, SORBA/TORC's liability coverage will become effective at Little River Park. This will allow continued stewardship and maintenance of the trails. In addition to the seven miles of bike trails managed by TORC, the park has seven miles of hiking trails and plans approximately 3.5 miles of Equestrian Trails. Staff and Recreation & Parks Advisory Council (RPAC) are currently working with an adjacent landowner to develop a Memorandum of Understanding for~consideration by the BOCC which would allow the development of these trails on park and private lands. An update on this potential public/private partnership is planned for the fall of 2007. The park continues to attract many visitors with an average annual visitor count of over 30,000. FINANCIAL IMPACT: There is no financial impact associated with this action. RECOMMENDATION(S): The Manager recommends that the Board authorize the Manager to sign the newly drafted agreement on behalf of the County. 2/26/2007 2 MEMORANDUM OF UNDERSTANDING Between DURHAM COUNTY, ORANGE COUNTY And The SOUTHERN OFF-ROAD BICYCLE ASSOCIATION (TRIANGLE OFF ROAD CYCLISTS CHAPTER) Regarding Little River Regional Park This Memorandum of Understanding (MOU) is made and entered into between Durham County, North Carolina and Orange County, North Carolina (hereinafter referred to as Durham and Orange respectively), and the Triangle Off Road Cyclists Chapter of the Southern Off-Road Bicycle Association, hereinafter referred to as SORBA, anon-profit corporation duly authorized and existing under the laws of the state of North Carolina. I. PURPOSE The purpose of this MOU is to establish a framework of cooperation upon which mutually beneficial programs, work projects, and bicycling activities may be planned and accomplished by Durham and Orange and SORBA working cooperatively at Little River Regional Park in Durham and Orange Counties, NC. Such programs, projects, and activities will complement the Durham and Orange mission and are in the best interest of the public. II. INTRODUCTION Durham and Orange are dedicated to the management of the Little River Regional Park for a variety of uses, activities, and outdoor recreation opportunities, including off-road trail bicycling that is environmentally responsible, sustainable, educational, and provides residents with healthy outdoor experiences and an improved quality of life. SORBA is anon-profit organization which represents the off-road bicycling public in the Southeast, and is the recognized leader in establishing trail bicycling ethics, education, safety, trail construction and design standards, volunteerism, and appropriate land-use management on local, State, and Federal public lands. Durham County, Orange County and SORBA share common interests including the preservation of natural areas and green spaces, providing for environmentally friendly nature-based Recreation Opportunities and Experiences (ROE) for individuals and families, and educating the public regarding responsible recreational land use. SORBA has requested the opportunity to construct and maintain multi-use trails on property managed by Durham and Orange in the Little River Regional Park. A "Multi- -2- 2/26/2007 use trail" is herein defined as anatural-surface single-track path, generally through a wooded area or other naturalized region, open to cross-country mountain bikers, walkers, and hikers. Motorized vehicles are prohibited. In consideration of the above premises, the parties agree as follows: III. DURHAM AND ORANGE SHALL: 1. Make trails available at Little River Regional Park for off-road cycling (also referred to as cross-country mountain biking), subject to applicable laws, regulations, and other recreational management directions including any restrictions and limitations as deemed appropriate by Park management. 2. Consider construction of new trails to fulfill goals of optimum ROE using published trail construction guidelines as established by the International Mountain Bicycling Association (IMBA). Trail plans must be approved in advance of construction, by Durham and Orange and a qualified SORBA representative. Allow trail maintenance and re-routes, including trail closure when mutually deemed necessary, for purposes of resource management and environmental sustainability. Trail re-routing will be approved by a Park representative prior to any work. 4. Encourage Durham and Orange officials to participate with SORBA members in the development of mutually beneficial work projects and bicycling related recreational and educational activities. 5. Allow establishment of an IMBA Mountain Bike Patrol program to `assist, educate, and inform' cyclists and other trail users. 6. Provide improvements including signage and information kiosks necessary to support multi-use trails. IV. SORBA SHALL: 1. Provide volunteers to layout, design, and construct multi-use trails in Little River Regional Park. All trails will be constructed to current IMBA standards and shall be designed to be environmentally sensitive, control erosion and be sustainable over time. Construction may be performed using hand tools or by small walls-behind motorized equipment operated by trained and experienced trail builders: All projects will be supervised by trained and experienced Crew Leaders and/or by Park personnel. The safety of volunteers will be of primary importance at all times. 2. Provide volunteers to perform ongoing maintenance of existing and newly constructed mountain biking trails. Perform a monthly trail inspection with Park representatives. -3- 2/26/2007 4 3. Promote proper trail etiquette and instruction to its members and other trail users to encourage safe and responsible trail usage and to prevent user conflict. 4. Establish an IMBA approved Mountain Bike Patrol program. 5. Provide technical assistance to Durham and Orange on other bicycling related work projects, educational activities, and bicycling opportunities and encourage its members to work with local Durham and Orange officials to discuss and identify opportunities for cooperative work on mutually beneficial projects or activities. 6. Maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate ---Bodily Injury Liability, and $ 100,000 --- Property Damage Liability, or $1,000,000 per occurrence /$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage 7. To the fullest extent permitted by laws and regulations, SORBA shall indemnify and hold harmless Durham and Orange and their officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect arising out of or resulting from SORBA's design and construction of trails, or the actions of the SORBA or its officials, employees, volunteers and contractors under this MOU or under contracts entered into by the SORBA in connection with this MOU. This indemnification shall survive the termination of this MOU. 8. Be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing work under this MOU. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: 1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties. of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority; this MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to SORBA of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. 2. The local contact person(s) for Durham and Orange, is Durham or Orange County personnel who have sufficient authority to develop agreements and special-use permits of the type envisioned by this MOU. -4- 2/26/2007 3. This MOU in no way restricts Durham and Orange. from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 4. Nothing in this memorandum shall obligate Durham and Orange to SORBA to expend appropriations or to enter in any contract or other obligations. 5. This MOU may be modified or amended upon written consent of both parties or may be terminated with 180-day written notice of either party. This MOU shall remain in place until such termination. 6. The principal contacts for this agreement are: SORBA: Keith McFadden Stewart Bryan Director of Land Access Vice-President Southern Off-Road Bicycle Assn. LRRP Coordinator P.O. Box 1358 SORBA-TORC Chapter Gainesville, GA. 30503 919-929-9001 770-995-0864 ORANGE COUNTY: DURHAM COUNTY: Lori Taft, Management Director Attn: Greg Schuster Orange County Recreation and Parks 200 E. Main Street P. O. Box 8181 4th Floor Hillsborough, NC 27278 Durham, NC 27701 (919) 245-2673 7. The parties agree that SORBA is an independent contractor and shall not represent itself as an agent or employee of Durham or Orange for any purpose in the performance of its duties hereunder. Accordingly, SORBA shall be responsible for payment of ail federal, state and local taxes as well as business license fees arising out of SORBA's activities in accordance with this MOU. As an independent contractor, SORBA shall perform the work required hereunder in a professional manner and in accordance with the standards of applicable professional organizations. 8. The trails shall be built within a reasonable time period and their construction shall not unreasonably interfere with the operation or recreational uses of the Little River Regional Park. Durham and Orange shall notify SORBA in the event trail construction is unreasonably disruptive or interfering with the normal operations of 5 -5- 2/26/2007 ~ the Park and in such event, SORBA shall remedy the situation as soon as possible, to the satisfaction of Durham and Orange. 9. Nothing in this MOU is intended to limit Durham or Orange's authority over Park operations and they shall have the right at anytime to stop the work being provided hereunder for any reason. 10. Durham and Orange shall not be liable to SORBA for any expenses paid or incurred by SORBA, unless otherwise agreed in writing. 11. SORBA shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide work hereunder, unless otherwise agreed in writing. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. DURH[A1VI COUNTY Michael M. Ruffm, Durham County Manager ORANGE COUNTY Laura Blackmon, Orange County Manager Date: SORBA Date: Bill Carnp, Southern Off-Road Bicycle Association, TORC Chapter Date: Stewart Bryan, Southern Off-Road Bicycle Association, TORC Chapter Date: -6- LITTLE RIVER REGIONAL PARK TRAIL DISTANCES & TRAVEL TIMES ~ y~ (distances and times are approximate) 51 ~ I ~. South River Loop Trail: 2.5 miles / 2 hours ~. W Ridge Trail & the North River Trail: 3.5 miles / 4 hours s5 .~ ~~ Homestead Trail:.33 mile / 30 minutes ~'~ ~~. Interpretive Loop Trail (paved): .25 mile / 15 minutes 101 105 y ~~ Don't Forget! For Safety, Trail Access Is 3g ~ Closed i Hour Before Park Closing Time. Don't Get Locked In The Park! ~~ i'ti ~i~ .. .22_~ ~ ~_ ~`~ .,t 58 ~~~. ~~~ 64 ~Parkboundary A,eoesstrails ~f Streets J V Mountain bike trails ~/~/ Hiking trails ~/ Irrterpretive loop trail !~'.,r` Residential access only t! Trail junctions PARK HOURS (gates are open) November 1 -February 28 8:OOam - S:OOpm March 1-31 & October 1-31 8:OOam - 6:OOpm April 1-30 & September 1-30 8:OOam - 7:OOpm May 1 -August 31 8:OOam - 8:OOpm Trails Close 1 Hour Before the Park The Park is closed Thanksgiving Day and December 24 & 25 PICNIC SHELTERS The large shelter, small shelterand individual picnic tables are available on a first come, first served ba- sis. The large and small shelters can be reserved by calling (919) 245-2660, or by inquiring at the park office. Two weeks notice is required to reserve the shelters. PARK RULES Observing the following rules will make your visit a safe and rewarding experience; and help to preserve our park. • Please do not litter. Place trash and recyclables in their proper containers. • ALL PETS must be leashed AT ALL TIMES. • The removal of any objects from the park (plant, animal, rock or artifact) is not allowed. • County parks are wildlife preserves. Hunting, trapping and gathering are not allowed. • Catch-and-release fishing is allowed in designated areas only. No live bait is allowed. ® Fires are allowed only in designated areas. • Firearms and fireworks are strictly prohibited. • Possession or consumption of alcoholic beverages is not allowed. • North Carolina motor vehicle and traffic laws apply in the park.