HomeMy Public PortalAbout07) 7E Approval of Permits for Use of LA County Parking Lot (5939 Golden West Avenue) for 2013 Fall Festival and 2014 Camellia FestivalDATE:
TO:
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
October 1, 2013
The Honorable City Council
Jose E. Pulido, City ManagerN' "b
By: Cathy Burroughs, Direct~.f Parks and Recreation ~f
AGEN -DA
ITEM 7.E.
SUBJECT: APPROVAL OF PERMITS FOR USE OF THE LOS ANGELES COUNTY
PARKING LOT, LOCATED AT 5939 GOLDEN WEST AVENUE, FOR THE
2013 FALL FESTIVAL AND THE 2014 CAMELLIA FESTIVAL
RECOMMENDATION:
The City Council is requested to approve the permits for use of the Los Angeles County
(County) Library parking lot for both the 2013 Fall Festival and the 2014 Camellia Festival
and authorize staff to execute.
BACKGROUND:
1 . For over twenty years, the City has used the Cou nty Library parking lot, located at
5939 Golden West Avenue, for the annual Fall Festival and the Camellia Festival.
2. In 1997, the City Attorney determined that, because the permits contained an
indemnity clause, City Counci l approval was required. Since then the C ity Council
has approved the permits for use of the County parking lots for bo th the Fa ll
Festival and the Camellia Festival. Prior to 1997, staff had executed the permits.
3. On August 12, 2013, staff submitted tht3 online permit request to the County for
the Fall Festival.
4. On September 3, 2013, staff submitted a letter to Supervisor Michael Antonovich
requesting a waiver of the fees associatHd with the use of the County's parking lot
for the 2013 Fall Festival.
5. On September 1 0, 2013, staff was notified by the County that the completed
permit for the Fall Festival was available online and was awaiting the City's
acceptance of the terms of the agreement.
City Council
October 1, 2013
Page 2 of 3
6. On September 18, 2013, staff submitted the online permit request for the 2014
Camellia Festival.
7. On September 18, 2013, staff was notified that the $200 rental fee for the use of
the County parking lot for the Fall Festival was waived by the Board of
Supervisors.
ANALYSIS:
For many years the City has used the parking lot adjacent to the Los Angeles County
Library, located at 5939 Golden West Avenue in connection with the Fall Festival and
the Camellia Festival. The parking lot is used for the collector car show during the Fall
Festival and for carnival rides during the Camellia Festival. The City has requested use
of the parking lot from 7:00a.m. to 7:00 p.m. on October 19, 2013 and from 8:00a.m.
February 19 through 12:00 a.m. February 23, 2:014.
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. We have received notification from the County for
the Fall Festival permit. The Camellia Festival permit is still pending, however we are
requesting Council authorization at this time as the conditions will remain the same.
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. Staff has already submitted to the County the required insurance documents.
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. This permit is similar to permits approved by the
Council in prior years.
CONCLUSION:
City Council approval is required for completion of the permit process for use of the
parking lot, adjacent to the Los Angeles County Public Library located at 5939 Golden
West Avenue, for both the City's 2013 Fall Festival and the 2014 Camellia Festival.
City Council
October 1, 2013
Page 3 of 3
FISCAL IMPACT:
This item if approved by the City Council will not have an impact on the Fiscal Year (FY)
2013-14 City Budget.
ATTACHMENT:
A. County of Los Angeles Application for Permit (Permit # PMT003458)
I
County of Los Anqeles
CHIEF EXECUTIVE OFFICE
REAL ESTATE DIVISION -PERMIT SECTION
222 South Hill Street, 3rd Floor, Los Angeles, California 90012
WILLIAM T. FUJIOKA
Chief Excecutive Officer
APPLICATION FOR PERMIT
1. Who is requesting the Permit (please print)
Organization: City of Temple City
Person who will sign the Permit: Cathy Burroughs I Title of person: Director of Parks &
Address: 9701 las Tunas Drive
City: Temple City State: CA Zip: 91780
Phone 1: (626) 285-2171 Ext: Phone 2: Ext: Fax Number: (626) 454-3221
E-mail Address: dingram@templecity.us
Permit Type: [K] 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: 0 I How many parking spaces are needed:
4.WHERE Name of County property Venue Requirements Address: 5939 Golden West Ave.
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):
10/19/2013 (7:00AM to 7:00PM)
6. AUTHORIZATION who approved this event (County department, contact person, & telephone#):
Community & Senior Services
Felix Sanchez, Public Library
1?1" 7'"-'n""
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 DEPOSIT 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-can 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 -DO 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 I Date: 08/12/2013
Page 1 of 3
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 harmless County, its agents, officers
and employees from and against any and all liability,
expense, including defense costs and legal fees, and
claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death,
personal injury, or property damage, including damage
to County property, arising from or connected with
Permittee's operations, or its 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 Permittee shall supply the
County with an insurance endorsement from their
insurance carrier naming the County as an additional
insured. The number to fax the additional insured
endorsement is 213-217-4971. The name of the
additional insured is The County of Los Angeles.
The address is c/o Armida Franco, 222 South Hill,
3rd Floor, Los Angeles, CA 90012. Without limiting
Permittee's indemnification of County, Permittee shall
provide and maintain, except where deleted and
initialed, 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 programs 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 written notice at least thirty (30) days in advanc~
of any modification or termination of any provision of
insurance:
GENERAL LIABILITY: A program of insurance
which shall be primary to and not contributing with
any other insurance maintained by County, shall
name the County of Los Angeles as an Additional
Insured, and shall include, but nat be limited to:
COMPREHENSIVE GENERAL LIABILITY insurance
endorsed for Premises-Operation$,
products/Completed Operations, Contractual, Broad
Form Property Damage, and Personal Injury with a
Page 2 of 3
combined single limit of not less than $1 000 000 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 to meet all applicable requirements of the Labor
Code of the State of California, and which specifically
covers aU persons providing services on behalf of
Permittee 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.
5. 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
maintain the 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
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 fails to conduct permitted
d. Assume the risk of loss, damage or destruction
to any and all fixtures and personal property
belonging to Permittee 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
Permittee 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 Permit. 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 for any other purpose incidental to
the performance of 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 permitted activities
from theft, burglary or vandalism, provided
written approval for the installation thereof is
first obtained from the Chief Executive Office.
h. Prohibit all advertising signs or matter from
display at the premises and unless otherwise
stated in this 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.
This person shall carry copies of this Permit
and the receipt for consideration herein, for
display upon request.
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
relationship of agent, servant, employee,
partnership, joint venture or association as
between County and Permittee. Permittee
understands and agrees to bear the sole
responsibility and liability for furnishing Workers'
Compensation benefits to any person for injuries
arising from or connected with services
performed on behalf of Permittee pursuant to this
Permit.
7. EMPLOYEES: All references to the ••permittee"
in the Permit are deemed to include the employees,
agents, assigns, contractors, and anyone else
involved in any manner in the exercise of the rights
therein given to the undersigned Permittee.
8. LIMITATIONS: It is expressly understood that in
permitting the 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, revocable and unassignable permission
to occupy the premises in accordance with the terms
and conditions of the Permit for the purpose of
conducting the permitted activities.
9. ASSIGNMENT: This Permit is personal to
Permittee, and in the event Permittee shall attempt to
assign or transfer the same in whole or part all rights
hereunder shall immediately terminate.
10. AUTHORITY TO STOP: In the event that an
authorized representative of the County finds that the
activities being held on the premises unnecessarily
endanger the health or safety of persons on or near
said property, the representative may require that this
Permit immediately be terminated until said
endangering activities cease.
11. DEFAULT AND CANCELLATION: Permittee
agrees that if default shall be made in any other terms
and conditions herein contained, County may forthwith
revoke and terminate this Permit. The County
reserves the right to cancel this Permit upon giving
written notice of one day to Permittee without incurring
12. ALTERATIONS AND CONDITION OF
Page 3 of3
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 thereof.
Permittee shall make no alteration or improvements to
the premises unless approved in writing, in which case
Permittee shall bear the sole cost and expense of any
work performed. ~"**~*** ... ******END**********""u***