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
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