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HomeMy Public PortalAbout06) 7D Approval of Permit for use of LA County Parking Lot for 2018 Fall Festival and Car ShowAGENDA ITEM 7.0. PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE : October 2 , 2018 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Cathy Burroughs, Director of Parks and Recreation SUBJECT: APPROV AL OF PERMI T FOR USE OF THE LOS ANGELES C OUNTY PARKIN G LOT, LOCATED AT 5939 GOLDE N W EST AV ENU E , FOR T HE 2018 FALL FESTIVAL AN D CAR SHOW RE CO MM EN DATI O N: The City Council is requested to approve the permit for use of the Los Angeles County (County) Library parking lot for the 2018 Fall Festival and Car Show (Attachment "A") and authorize staff to execute . BACKGROUND : 1 . For over thirty years, the City has used the County Library parking lot, located at 5939 Golden West Avenue, for the annual Fall Festival and Classic Car Show and the Camellia Festival. 2 . In 1997, the City Attorney determined that, because the permit contained an indemnity clause, City Council approval was required . Since then the C ity Council has approved the permits for use of the County parking lots for both the Fall Festival and the Camellia Festival. Prior to 1997, staff had executed the permits. 3 . On August 24, 2018, staff submitted the online permit request to the County for the 2018 Fall Festival and Car Show. 4. On August 27 , 2018, staff submitted a letter to Supervisor Kathryn Barger requesting a waiver of the fees associated with the use of the County's parking lot for the 2018 Fall Festival and Car Show as well as the 2019 Camellia Festival. ANALYS IS : · For many years the City has used the parking lot adjacent to the Los Angeles County City Council October 2, 2018 Page 2 of 2 Library, located at 5939 Golden West Avenue in connection with the Fall Festival and the Camellia Festival. The parking lot has been used for the collector car show during the Fall Festival and for various carnival activities during the Camellia Festival. The City has requested use of the parking lot from 7:00 a.m . to 7:00 p.m. on October 20, 2018 for the Fall Festival and Car Show. All County permits are now requested and processed online through their website . The application is completed online and submitted to the County. The County, after reviewing the application sends via email, a link to the permit and requests the applicant to accept the conditions/terms of the agreement. Once the terms and conditions have been accepted, the applicant has 72 hours to submit the required insurance documents and any applicable fees . At that point the permit is fin.alized. The City has completed and submitted the application for use of the parking lot for the Fall Festival and Car Show. The required insurance documents have also been submitted to the County . Section 2 of the permit requires the permittee to "indemnify, defend, and save harmless the County, its agents, officers and employees from and against any and all liability ... " According to Council policy, all permits containing indemnity clauses must be approved by the City Council. Therefore , City Council approval is required before the permit can be finalized. If the Council approves the permit, staff will complete the online process accepting the terms and conditions. CITY STRATEGIC GOALS: Approval of the permits for use of the County Library parking lot for the 2018 Fall Festival and Car Show furthers the City's Strategic Goal of Quality of Life. FISCAL IMPACT: This item if approved by the City Council will not have an impact on the Fiscal Year (FY) 2018-19 City Budget. ATTACHM E NT: A. County of Los Angeles Application for Permit-Fall Festival and Car Show ATTACHMENT A County of Los AnQeles CHIEF EXECUTIVE OFFICE REAL ESTATE DIVISION-PERMIT SECTION 222 South Hill Street, 3rd Floor, Los Angeles, California 90012 SACH I A. HAMAl Chief Executive Officer APPLICATION FOR PERMIT 1. Who is requesting the Permit (please print) Organization: City of Temple City Person who will sign the Permit: Antonio Villalobos I Title of person: P & R Coordinator Address: 9701 Las Tunas City: Temple City State: CA Zip: 91780 Phone 1: (626) 285-2171 Ext: 4520 Phone 2: (626) 407-5097 Ext: Fax Number: E-mail Address: avillalobos@templecity.us · Permit Type: [X] Regular Facility ·use D Parking Permit D Civic Center Mall Use 2. WHAT is the nature of the event or purpose of the Permit: Annual Fall Festival & Car Show 3.HOW many attendees are expected: BOO I How many parking spaces are needed: 4. WHERE Name of County property Venue Requirements Address: 5939 Golden West Avenue L.A. County Parking Lot Temple City, CA 91780 5. WHEN do you wish to use the property for the above event/purpose (date/s & hours): I October 20, 2018 7 a.m.-7 p.m . 6. AUTHORIZATION . who approved this event (County department, contact person, & telephone#): Public Library Sherry Su , Administrativ e Service Manager I l~ll?\ QAILAA71l 7. INSURANCE an "additional insured" endorsement in the amount of at least $1 .0 million dollars must be received by this office prior to your event. Your insurance agent should prepare the endorsement naming "The County of Los Angeles" 222 South Hill Street, Los Angeles, CA as an additional insured. NOTES: a. Any person or group using County property is required to pay a fee , provide insurance and execute the permit agreement. The permittee agrees to pay any additional chrges i.e., cleaning , security, utilities, etc., A DEPOS IT MAY BE REQUIRED. b. Minimum $1,000,000 insurance is required (permit can cover more than any day if insurance covers the same period). You may be able to obtain Special Events insurance-call 1.800.420.0555 or the web at www.2sparta.com. c. The permit must not be altered in any way; if there are errors, alert the office-D~ NOT CHANGE THE PERMIT. d . Audio and/or other equipment is not arranged by this office. e . This application does not constitute a reservation or permit to use County property. f. The County requires a 30-day notification prior to issuing and space availability. Applications can be faxed to: 213.217.4971, Attention: Permits Section, 213.974.4300. Date: 08/24/2018 COUNTY OF LOS ANGELES PERMIT FOR USE OF PROPERTY 1. ADDITIONAL CHARGES: Permittee agrees to pay any additional charges for utilities, security services, communication services, custodial services, and parking services as provided. 2. INDEMNIFICATION: Permittee agrees to indemnify, defend and save harm less County, Its agents, officers and employees from and aga inst any and all liability, expense, Includ ing defense costs and legal fees, and claims for damages ot any nature whatsoever, including, but not limited to , bodily inj ury, death, personal injury. or property damage, Including damage to County property, arising from or connected with Permittee's operations, or lls services hereunder, including any Workers' Compensation suits, liability, or expense, arising from or connected with services performed by or on behalf of Permittee by any person 3. INSURANCE: Special events Insurance Is available through 2Sparta.com or by calling 800-420·0555. The Perm ittee shall supply the County with an insurance endorsement from their insurance carri er naming the County as an additional Insured. The number to f<~X the additional insured endorsement is 213·217-4971. The name of the additional Insured Is The County of Los Angelos. The address Is c/o Real Estate Division Permits, 222 South Hill, 3rd Floor, Los Angeles, CA 90012. Without limiting Permittee's Indemnification of County, Permittee shall provide and mainta in, except where deleted and in itialed, at its own expense during the term of this Permit the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the County Risk Manager and evidence of such prog rams satisfactory to the County shall be delivered to the Chief Executive Office, Real Estate Division/Property Management on or before the effective date of this Permit. Such evidence shall specifically identify this Permit and shall contain express conditions that County is to be given wrillen notice at least thirty (30l days jn advance Qf anv mQdjfication or termination of ii!DY Rrovislon Qf GENERAL LIABILITY: A program of Insurance which shall be primary to and not contributing with any other insurance maintained by County, §h.§ll name the County o( Los Angeles as an Additional ~. and shall include, but not be lim ited to : COMPREHENSIVE GENERAL LIABILITY Insurance endorsed for Premises-Operations, produ cts/Completed Operations, Contractual, Broad Form Properly Damage, and Personal Injury with a combined single limit of not less than $1,oo{).ooo per occurrence. COMPREHENSIVE AUTO LIABILITY endorsed for all owned, non-owned and hired vehicles with a combined single limit of at least $1,000,000 per occurrence. WORKERS' COMPENSATION: A program of Workers' Compensation Insurance In an amount and form lo meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services on behalf of Permillee and all risks to such persons under this FIRE LEGAL LIABILITY: A program in an amount not less than $50,000 with a loss payee endorsement in favor of the County of Los Angeles as its interest may appear. Such coverage may be provided under the policy for general liability . 4. FAILURE TO PROCURE INSURANCE : Failure on the part of Permittee to procure or maintain required program(s) of Insurance shall constitute a material breach of contract upon which County may immediately terminate this Permit. 6. PERMITTEE SHALL: a, Comply with and abide by all applicable rules, regulations and directions of County and all applicable City and County ordinances and all State and Federal laws, and in the course thereof obtain and keep In effect all permits and licenses required to conduct the permitted activities on the premises. b. Provide custodial services to the premises and mainta in lhe area occupied In a clean and sanitary condition to the satisfaction of County. Repair or replace any and all County property lost, damaged, or destroyed as a result of or connected with the conduct or activities of the Permittee. Should Permittee fail to promptly make repairs, County may have repairs made and Permittee shall pay costs. Pay charges for Installation and service costs for all telephones used for the conduct of the permitted activities, such activities must be slated within this permit. c. Conduct the permitted activities In a · courteous and non-profane manner, operate without Interfering with the use of the facilities by County or the public, except as herein permitted, and remove any agent, servant or employee who falls to conduct permitted d. Assume the risk of loss, damage or destruction to any and all fixtures and personal property belonging to Pennlttee that are installed or placed within the area occupied. e. Restore the premises prior to the termination of this Permit to the satisfaction of County to the conditions that existed prior to the commencement of the permitted activities, other than for ordinary wear and tear or damage or destruction by the acts of God beyond the control of Permittee. This shall Include removal of all rubbish and debris, as well as structures placed on the premises by Permil1ee In order that the premises will be neat and clean and ready for normal use by County on the day following the termination of this Perm i t. Should Permittee fail to accomplish this, County may perform the work f . Allow County to enter the premises at any time to determine compliance with the terms of this Permit, or fo r any other purpose Incidental to the performance or the responsibilities of the Chief Executive Office . g. Provide all security devices required for the protection of the fixtures and personal property used in the conduct of the permlt1ed activities from theft, burglary or vandalism, provided written approval for the Installation thereof Is first obtained from the Chief Executive Oftlce . h. Prohibit all advert ising signs or matter from disp lay at the premises and unless otherwise slated in th is permit; prohibit the marketing and promotion of literature and products of any kind; and prohibit the serving of food and alcohol on i. Keep a responsible representative available during all permitted hours of the entire event. Th is person shall carry copies of this Permit and the receipt for consideration herein, for display upon reques t. J. Permittee shall ensure applicable smoking restrictions are enforced on the premises . 6. INDEPENDENT STATUS: The Permit is by and between County and Permittee and Is not Intended and shall not be construed , to create the relationsh ip of agent , servant , employee, partnership, joint venture or association as between Count y and Permittee. Permittee understands and agrees to bear the sole respons ibility and liability for furnishing Workers' Compensation benefits to any person for Injuries arising from or connected with services performed on bahalf of Permll\ee pursuant to this Permit. 7. EMPLOYEES: All references to the "Pennlttee" In the Permit are deemed to Include the employees, agents, assigns , contractors , and anyone else Involved In any manner in the exercise o f the rights there in given to the undersig ned Permittee . 8. LIMITATIONS: It Is expressly understood that In permitting th e right to use said premises, no estate or Interest In real property Is being conveyed to Permittee, and that the right to use Is only a nonexclusive, revocab le and unassignable permission to occupy the premises In accordance with the terms and conditions of the Permit for the purpose of conducting the permit ted act ivities . 9. ASSIGNMENT: This Perm it is personal to Pe rmittee , and In the event Perm ittee sha ll al1empt to assign or transfer the same in whole or part all rights hereunder shall immediately termi nate. 10. AUTHORITY TO STOP : In t he event that an authorized represent ative of lhe Cou nty finds that the activities being held on the prem ises unnecessarily endanger the health or safety of persons on or nea r said property, the representative may requ ire that this Permit Immed iate ly be terminated until said endangering activities ce as e. 11. DEFAULT AND CANCELlATION: Permittee agrees that if default shall be made in any other te rms and conditions herein contained, County may forthwith revoke and terminate this Permit. The County reserves the right to cancel this Permit upon givi ng written notice of one day to Permittee without Incurring 12. ALTERATIONS AND CONDITION OF PREMISES: Permittee has examined the premises and knows the condition thereof. Permittee accepts the premises In the present state and condition and waives any and all demand upon the County for alteration , repair, or Improvement the reof. Permittee shall ma ke no alteration or improvements to the premises unless app roved In writing , In which case Permittee shall bear the sole cost and expense of any WOrk perfonned .• .,.,uu••u-•eNO''•"••u-•uu••