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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''"''''''''''''