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HomeMy Public PortalAbout07) 7C Approval of Permit of Use of LA County Parking Lot for 2019 Fall Festival and Classic Car ShowAGENDA ITEM ?.C. PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: October 1, 2019 TO: The Honorab le City Council FROM: Bryan Cook , City Manager By : Steve Lawson , Parks and Rec reation Manager SUBJECT: APPROVAL OF PERMIT FOR USE OF THE LOS ANGELES COUNTY PARKING LOT, LOCATED AT 5939 GOLDEN WEST AVENUE, FOR THE 2019 FALL FESTIVAL AND CLASSIC CAR SHOW RECOMMENDATION: The City Council is requested to approve the permit for use of the Los Angeles County (County) Library parking lot for the 2019 Fall Festival and Classic 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 annua l Fall Festival and Classic Car Show and the Camell ia Fest ival. 2 . In 1997 , the City Attorney determ ined that , because the permit conta ined an indemnity clause , City Council approval was required . Si nce then the City Council has approved the perm its for use of the County parki ng lots for both the Fall Festival and t he Camellia Fest iva l. Prior to 1997 , staff had executed the perm its. 3 . On August 26 , 2019 , staff submitted the on line permit request to the County for the 2019 Fall Festival and Classic Car Show and subm itted a letter to Supervisor Kathryn Barger requesting a waiver of the fees associated with the use of the County's parking lot. ANALYSIS: For many years the City has used the park ing lot adjacent to the Los Ange les County Library , located at 5939 Golde n West Avenue in connection with the Fall Festiva l and Classic Ca r Show and the Camell ia Festival. The City has requested use of the par king lot from 7:00a.m . to 7 :00p.m . on October 19,20 19 , for the Fall Festival and Car Show. City Council October 1, 2019 Page 2 of 2 All County permits are now requested and processed online t hrou gh their website . The application is also 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 finalized . 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 harm less 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 2019 Fall Festival and Class ic Car Show furthers the City's Strategic Goal of Qua lity of Life . FISCAL IMPACT: This item if approved by the C ity Council will not have an impact on the Fiscal Year (FY) 2019-20 C ity Budget. ATTACHMENT: A. County of Los Angeles Application for Permit-Fall Festiva l and Classic Car Show ATTACHMENT A County of Los Anoeles CHIEF EXECUTIVE OFFICE REAL ESTATE DIVISION-PERMIT SECTION 222 South Hill Street, 3rd Floor, Los Angeles, Californ ia 900 12 SACH I A. HAMAl Chi ef Execu tiv e Office r ., 'f ., ·, ti ! APPLICATION FOR PERMIT 1 . Who is requesting the Permit (please print) Organ ization: City of Temple C ity Person who w ill sign the Permit: Antoni o Villalobos Title of person: P & R Coord i nator Addr ess: 9701 L as Tunas City: Te mple City State: CA Z ip: 91780 Phone 1: (626) 656-7323 Ext: 4520 Phone 2: (626) 407-5097 · Ext: Fax Number: E-mail Address: avlllalobos@templeclty.us Permit Type : [X] Reg ular Facil ity U se 0 Parki ng Per mit 0 Civic Center Mall U se 2. WHAT is the nature of the eve nt or pu rp ose of t he Permit: Fa ll Fest iva l & Cl assic Car Show 3 .HOW many attendees are expected: 800 I How m a n y parki ng spaces are needed: 4. WHERE Name of County property Venue Requirements Address: 5939 Gol den West Ave. L.A. County Parking Lot Templ e City, CA 91780 5 . WHEN d o you wish to use the property for the above even Vpurpose (date/s & hours): 6. AUTHORIZATION w ho approved this event (County department, contact person , & tel eph one#): Public Library Li z.a Guerrero , Build ing Support Supervisor for Fac ilit ies <! .. n•l• 7 .1N~~A\Q~~a an "additional insured" endorsement in the amount of at l east $1 .0 million doll a rs must be received by this office p r ior to your event . You r insurance agent s hou l d prepare the e n dorsement naming "The County of Los Angeles" 222 South Hill Street, Los Angeles , CA as an addit ional i nsured . NOTES : a. Any person or group using County prope rty Is required to pay a fee, provide Insurance and execute the perm it agreement. The permi tt ee agrees to pay any additional chrges I.e., cleani ng, security, utilities, etc., A DEPOS IT MAY BE REQUIRED . b. Minimum $1,000,000 insurance is required (permit can co ver mo re than any day i f insurance cove rs the same per iod). You may be able to obtain Special Events Insuran ce-caii1 .B00.420 .0555 or the web at www.2sparta.com . c. The permit mus t not be altered In any way; If there are errors, alert the office -DO NOT CHANGE THE PERM IT. d . Audio an dlor other equ ipment is not arranged by th is otnce. e. Th is application does not co nstitute a reservation or perm it to use County property. f . The County requ ires a 30-day notification pri or to Issuing and space availability. Applications can be faxed to: 213 .217 .4971 , Attention : Pe rmits Section , 213.974.4300 I Date : 08/16/20 19 Page 1 of 3 I COUNTY OF LOS ANGELES PERMIT FOR USE OF PROPERTY 1. ADDITIONAL CHARGES : Permittee agrees to pay any additional charges for uti lities, securi ty services, commun i cation services, custodial services, and parking service s as provided. 2. INDEMNIFICATION : Permittee ag rees to indem nify, defend an d save harm less County, Its agents, office rs and employees from and aga ins t any and all liability, expense, includ ing defense cos ts and lega l fees, and cla ims fo r damages of any nature whatsoeve r , Incl uding , but not limited to, bodily Injury, dea th, persona l Injury, or property damage, Including dam age to Co unty property, arising from or connected w ith Permittee's operations, or its services hereunder , including any Workers' Co mpensation sui ts , liabil ity, or expense, arising from or conne cted with services performed by or on behalf of Perm ittee by any person 3. INSURANCE : Special events insuran ce is available throu g h 2Sparta.com or b y ca lling 800-420-0555. The Permittee shall supply the County with an Insurance endo rsement f rom the ir in su rance ca rri er naming the Co un ty as an addi ti ona l insu red. The number to fax the additional In sured endorsement Is 213-217-4971 . The nam e of th e additional Insured is The County of Lo s Angeles . Th e address Is c/o Real Estate Di v ision Permits Franco, 22 2 South Hill , 3rd Floor, Los Ang ele s, CA 9001 2. Without l i miting Permittee's in dem nifica tion of County, Perm itt ee shall provide an d mainta in, excep t whe re deleted and in itialed , at Its own expense dur ing the term of this Permit the following program(s) of insu rance cove ring Its operations hereunde r . Such insurance shall be prov ided by in surer(s) satisfactory to the County Ris k Manager and evidence of such programs satisfactory to the Cou nty shall be delive red to the Chie f Execu tive Office , Rea l Esta te Division/Prop erty Managemen t on or before the effective da t e of t his Permit. Such evide nce shall speclflcally identify this Permit and shall con tain exp ress conditio ns that County is to be given written notice at least thirty (30) days In advance of any mod ifi ca tion or term ina ti on of any provision of GENERAL LIAB ILITY: A program of Insurance which shall be primary to and not contributi ng w ith any ot her Insu ra nce maintai ned by County, sha ll na me the Cou nty of Los Angeles as an Addi ti onal Insured, and shall inclu de, bu t not be limited to: COMPREHENS IVE GENERAL LIABI LI TY Insu rance endorsed fo r P r e m i ses-Operat io ns, products/Completed Opera t ions, Contractual, Broad Fo rm Prope rt y Damage, and Persona l i nj ury with a Page 2 of3 combined single limit of not less than $1,000,000 per occurrence. CO MPREHE NSIVE J\UT O LIAB ILITY endorsed for all owned ,' non-owned and hired vehicles with a combined sing le lim it of at least $1,000,000 pe r occurrence. WOR KERS' COMPENSATION: A program of Workers' Compensation insurance In an amou nt and for m to mee t all applicab le requirements of the Labor Code of the State of California, and which specifically covers all persons providing services on behal f of Pe rmittee and all risks to such pe rsons under th is FIR E LEGAL LIAB ILITY: A program in an amount not less than $50,000 wi th a loss payee endorsement In favo r of the County of Lo s Angeles as its interest may appear. Such coverage may be provided un der the policy for general lia bility . 4. FAILURE TO PROCURE INSURANCE : Failure on the part of Permittee to proc ure or maintain required program(s) of insurance shall constitute a material breach of contract upon w hich Coun ty may immediately terminate this Permit. 5. PERMITTEE SHAL L : a. Comply with and abide by all appl icable rul es, regulations and di rections of County and all applicable City and County ordina nces and ali S tate and Federal laws, and in the course thereof ob tain and keep In effect all permits and licenses required to conduct the permitted activities on the premises. b. Prov ide custodial services to the premises and ma inta in the area occupied In a clea n and sa nitary condition to the sa tisfactio n of Cou nty. Repa ir or replace any and all County property lost, damaged, or destroye d as a resu lt of or connected with t he conduct or activities of t he Perm ittee . Should Permittee fall to promptly make repairs, Co unty may have repa irs made and Permittee shall pay cos ts . Pay charges for inst allation and service costs for all telephones used for the conduct of th e permitted activities, such activities must be sta ted within this permit. c. Conduct the perm itted acti vities In a co urteous a nd non -profane manner, operate without In terferi ng with the use of the fac ilities by County or the public, except as herein permilled , and remove any agen t , servan t or employee who fa lls to con du ct pe rmitted d. Assume the risk of loss, damage or des tructi on to any and all fixtures and pe rsona l properly be longing to Perm ittee that are Installed or pla ce d wit hi n the area occupied. e. Restore the premises prio r to the termina tion of this Permit to the satisfaction of County to the conditions t hat exi sted pri or to the commencement of the pe rmitted ·. activities, other than for ordinary 'wea r and tear or damage or des truction 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 Permittee in order that t he prem ises will be neat and clean and ready for normal use by Coun ty on th e day following the termina t ion of this Perm it. Shou ld Perm ittee fail to accomplish th is, Coun ty may perform the work f. Allow County to enter the premises at any time to determ ine compliance with the terms of this Permit , or for any othe r purpose Incidental to the performance of the responsibilities of the Ch ief Executive Office . g. Provide all security devices required for the protection of the fixtures and pers onal property used In the conduct of th e permi tt ed activities from t heft , burg lary or vandalism , provided written approval for the Installation the reof Is first obtained from the Chief Executive Office. h. Prohi bit all advertising signs or matter from display at the premises and un less otherwise stated in this perm it; prohib it the marketing and promotion of literature and products of any kind; and prohibit the serv ing of food and alcohol on i. Keep a responsib le representative available during all permitted hours of the entire event. Th is person shall ca rry copies of this Permit and the receipt fo r consideration herein, for display upo n req uest. j. Permittee shall ensure applicable smoking re strictions are enforced on th e premises. 6. IND EP ENDENT STATUS : The Permit Is by and be tween County and Permittee and Is not Intended and shall not be construed, to create the relationship of agent, servant, employee, partnership , joint ventu re or association as between County and Permittee. Permittee unders tands and agrees to bear the so le responsibility and liability for furnishing Workers' Compensation benefits to any person for Injuries arising from or connected with services performed on beha lf of Permittee pursuant to this Perm it. 7. EMPLOY EES : All references to the "Permittee" in the Perm it are deemed to Include the employees , agen ts, ass igns, contractors, and anyone else Invo lved In any manner In the exercise of the rights therein given t o the undersigned Permittee. I • ·, 8. LIMITATIONS : It Is expressly understood that in permitting the right to use said prem ises, no estate or Interest In rea l property Is being conveyed to Pe rmi ttee, and that the right to use Is on ly a nonexclusive , revocable and unassignable permiss ion to occupy the premises In accordance with the terms and conditions of the Pe rm it for the purpos e of conducting the permitted activities . 9. ASSIGN ME NT: This Permit is persona l to Pe rmittee , and in the event Permittee shall attempt to assign or transfer the same In whole or part all rights he reunde r shall Immedia tely terminate . 1 0. AUTHORITY TO STOP : In the event that an Page 3 of 3 au thorized representative of the County finds that the activi ties being held o n t he prem ises unnecessarily enda nger the health or safety of persons on o r near sa id property , the represen tative may require that thi s Permit Immediately be termina ted un til said endangering activi ties c ease . 11 . DE FAULT AND CANCELLATION : Pe rmittee agrees tha t If default shall be made In any other term s and conditions herein contained, County may forthwith revoke and term inate this Perm it. The County reserves the right to cancel this Permit upon giving written noti ce of one day to Pe rmittee without Incurring 12. A LTERATIONS AND CONDITIO N OF PREMI SE S: Permittee has examined t he premises and knows the cond ition the reo f . Perm ittee accept s the premises In the present state and con dition and waives any and all demand upon the County for altera tion, repair, or Improvement thereof. Perm ittee shall make no alteration or Imp rovements to the premises unless approved In writing, In wh ich case Pe rmittee sha ll bear the so le cost and expense of any work performed ................ END"""""""""'""