HomeMy Public PortalAbout06) 7C LA County Parking Lot PermitCity Council
October 2, 2012
Page 2
5. On September 19, 2012, 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.
6. On September 20, 2012, staff submitted the online permit request for the 2013
Camellia Festival.
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 a .m. to 7 p .m. on October 20, 2012 and from 8 a.m. February 20
through midnight February 24, 2013.
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.
Supervisor Antonovich will introduce the fee waiver motion for the Fall Festival at the
October 2 , 2012 Board meeting .
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 and
accept 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 the 2012 Fall Festival and the 2013 Camellia Festival.
City Council
October 2, 2012
Page 3
FISCAL IMPACT:
This item , if approved by the City Council, should not have an impact on the Fiscal Year
(FY) 2012-13 City Budget. The City has submitted a letter to Supervisor Michael
Antonovich requesting a waiver of the fees for the use of the parking lot. In previous
years, the Board of Supervisors has waived the fees .
ATTACHMENT:
A. County of Los Angeles Permit #PMT003375-PID 10201
COUNTY OF LOS ANGELES
PERMIT FOR USE OF PROPERTY
1. ADDITIONAL CHARGES: Permittee agrees to pay
any additional charges for utilities, security seNices,
communication seNices, custodial seNices, and parking
seNices as provided .
2. INDEMNIFICATION: Perm ittee agrees to indemnify,
defend and save harmless County, its agents, officers
and employees from and against any and all liabil ity,
expense, includi ng defense costs and legal fees, and
claims for damages of any nature whatsoever,
including, but not limited to, bod ily injury, death,
personal injury, or property damage, including damage
to County property, arising from or connected with
Permittee's operations, or its seNices hereunder,
including any Workers' Compensation su its, liability,
or expense, arising from or connected with seNices
performed by or on behalf of Permittee by any person
3. INSURANCE: Special events insurance is
ava ilable 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,
Jrd 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 th is
Permit the following program{s) of insurance covering
its operations hereunder. Such ins urance shall be
provided by insurer{s) satisfactory to the County Ris k
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 co ntain express conditions that County js to be
given written notice at least thirty (30) days in advance
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 insuran ce maintained by County, shall
name the County of Los Angeles as an Additi ona l
Insured, and shall include, but not be limited to :
COMPREHENSIVE GENERAL LIABILITY insurance
endorsed for Prem is es-Opera tions.
products/Completed Operations, Contractual, Broad
Form Property Damage, and Perso nal Injury with a
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
f orm to meet all applicable requirements of the Labor
Code of the State of California, and which specifically
covers all persons providing seNices on behalf of
Perm ittee and all risks to such persons under this
FIRE LEGAL LIABILITY : A program in an amount not
less than $50,000 w ith 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 mainta in required
program(s) of insurance shall constitute a material
breach of contract upon which County may
immedialeJy .terminate this. Pe.rmit. ___________ _
5, PERMITIEE SHALL:
a . Comply with and abide by all applicable rules,
regulations and d irecti ons of County and all
applicab le 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 prem ises.
b . Provide custodial seNices to the premises and
maintain the area occupied in a clean and
sanitary condition to the satisfaction of County .
Repair or replace any and aiJ County property
lost. damaged , or de stroyed as a result of or
connected with the conduct or activities of the
Permittee . Should Permittee fail to promptly
make repa irs , County may have repairs made
and Permittee shall pay costs . Pay charges
for installation and seNice costs for all
telephones used for the conduct of the
permitted ac tivi ties, 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 re move any agent, seNant or
empl oy ee who fails to conduct permitted
d . Assume the risk of loss , damage or destruction
to any and all fixtures and pe rsonal property
belonging to Permittee that are insta lled or
placed within the area occup ied.
e. Restore the prem ises prior t o the termination of
th is Perm it to the satisfaction of County to the
conditions that existed prior to the
commencement of the permitted activ ities .
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 followi ng 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 comp liance with the terms of this
Perm it , 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
firs t obtained from the Chief E:xecutive ·office .'
h . Prohibit all advertising signs or matter from
display at the premises and un less otherwise
stated in th is permit; prohibit the marketing and
promotion of literature and products of any kind :
and proh ib it the serving of food and a lcohol on
i. Keep a responsible representative available
during all perm itted hours of the entire e vent.
This person shall carry copies of this Permit
and the rece ipt for consideration herein, for
display upon request.
j . Permittee shall ensure applicabl e smoking
restrictions are enforced on the premises .
6. INDEPENDENT STATUS : The Permit is by and
between County and Perm ittee and is not intended
and shall not be construed, to create the
rel ationship 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 furnishi ng Workers '
Compensation benefits to any person for injuries
arising From or connected with services
performed on behalf of Permittee purs uant to th is
Pe rmit.
7 . EMPLOYEES : All references to the "Permittee"
in the Permit are deemed to include the emp loyees ,
agents . assigns, contractors, and anyone else
involved in any manner in the exercise of the rights
therein given to the undersigned Perm ittee.
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 Pe rmit fo r the purpose of
conducti ng the permitted activities .
9. ASSIGNMENT: Th is Perm it is personal to
Permittee , and in the event Permi ttee shall attempt to
assign or transfer the same in whole or part a ll rights
hereunder shall immed iately terminate .
10. AUTHORITY TO STOP: In the event tha t an
authorized representative of the County finds that the
activities being held on the premises unnecessarily
endanger the health or safety of perso ns 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 defau lt shall be made in any other terms
and conditions herein conta ined , County may forthw ith
revoke and terminate th is Pe rmit. The Co unty
reserves the right to cancel this Permit upon giving
written notice of one day to Perm ittee withou t 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 a ll demand upon the
County for a lteration, repair , or improvement thereof.
Permittee shall make no alteratio n or improvements to
the premises unless approved in writing, in which case
Permittee shall bear the sole cos t and expense of any
work performed . ···············eND''"''''''''''''