HomeMy Public PortalAbout7BAGENDA
Tem 1e ITEM 7.B.
MEMORANDUM
rty
Staff Report
TO:
FROM:
BY:
SUBJECT:
THE HONORABLE CITY COUNCIL
JOSE E. PULIDO, CITY MANAGER
CATHY BURROUGHS, DIRECTOR OF PARKS AND RECREATION
DATE: SEPTEMBER 21, 2010
APPROVAL OF PERMITS FOR USE OF LOS ANGELES COUNTY
PARKING LOT FOR THE 2010 FALL FESTIVAL AND THE 2011
CAMELLIA FESTIVAL
SUMMARY
The City Council is requested to authorize the Director of Parks and Recreation to
execute the permits for use of the Los Angeles County Library parking lot for both the
annual Fall Festival on October 23, 2010 and the Camellia Festival, February 25 27,
2011.
BACKGROUND
1. On July 29, 2010, the City sent a request to the County of Los Angeles for use of
the Los Angeles County Library parking lot in connection with the annual Fall
Festival (Harvest Hoedown) and the Camellia Festival.
2. On September 3, 2010, the City received the requested permits from the County
for the use of the parking lot on October 23, 2010 for the Fall Festival and from
February 23 through February 27, 2011 for the annual Camellia Festival. The
permit for use of the parking lot contains an indemnity clause. According to
Council policy, all permits containing indemnity clauses must be approved by the
City Council. This permit is similar to permits approved in prior years.
FISCAL IMPACT
On August 2, 2010 a letter from Mayor Vizcarra was sent to Supervisor Michael
Antonovich requesting a waiver of the fees for the use of the Los Angeles County Library
parking lot. In previous years, the Los Angeles County Board of Supervisors has waived
these fees.
RECOMMENDATION
Authorize the Director of Parks and Recreation to execute the permits for use of the Los
Angeles County parking lot for the 2010 Fall Festival and the 2011 Camellia Festival.
Attachment: County of Los Angeles Permit #8746 & #8747
WILLIAM T FUJIOKA
Chief Executive Officer
PERMITTEE:
CONTACT:
PREMISES:
DEPARTMENT
CONTACT:
CEO CONTACT:
TERM:
FEE:
PURPOSE:
PERMITTEE
SIGNATURE:
County of Los Angeles
CHIEF EXECUTIVE OFFICE
REAL ESTATE DIVISION
222 South Hill Street, 3" Floor Los Angeles, California 90012
(213) 974-4300
http://ceo.lacounty.gov
PERMIT #8746
City of Temple City
Ms, Cathy Burroughs, Parks & Recreation Director
9701 Las Tunas Drive, Temple City, CA 91780
Telephone (626) 285-2171 Fax (626) 285-8192
County Library Parking Lot, 5939 Golden West Avenue, Temple City, CA 91780. Entry
constitutes acceptance by Permittee of all conditions and terms of this Permit.
Public Library (Clearance)
Felix Sanchez, Facilities Support Unit Supervisor
Telephone (562) 940-8594
Armida Franco, Permit Coordinator
Telephone (213) 974-4317 Fax (213) 217-4971
This Permit shall commence: 7:00 a.m. October 23, 2010
This Permit shall terminate: 7:00 p.m. October 23, 2010
$$200.00, Fee waiver application in process.
The sole purpose of this Permit is to provide a location to hold the annual festival and
craft fair.
This Permit is accepted on the terms set forth herein.
City of Temple City
By <=I sign here and initial on pages 2 and 3.
Ms. Cathy Burroughs, who hereby personally covenants and guarantees to have the
power and authority to obligate the Permitteo to the terms and conditions in this
Permit.
NOTICE:
This permit is not valid until signed by the authorized officer of the Chief
Executive Office. If approved, this permit will be signed upon receipt of fees and
proof of appropriate insurance and any other condition required of Permittee.
PERMITTOR
SIGNATURE:
EXECUTED:
Reviewed by: AA
COUNTY OF LOS ANGELES
WILLIAM T FUJIOKA
Chief Executive Officer
By:
William L. Dawson
Director of Real Estate
This Permit has been executed on behalf of the County of Los Angeles by the Chief
Executive Officer on the day of , 2010, and
pursuant to Chapter 2.08 of the Los Angeles County Code.
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 Perrnittee by any person pursuant to this
Permit.
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 clo 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
prograrns 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 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 insurance maintained by County, shall
name the County of Los Angeles as an Additional
Insured, and shall include, but not be limited to:
COMPREHENSIVE GENERAL LIABILITY
insurance endorsed for Premises -Operations,
products/Completed Operations, Contractual, Broad
Form Property Damage, and Personal Injury with a
0 INITIAL - City of Temple City - Permit #8746
Page 2 of 3
combined single limit of not less than $1,000,000
per occurrence.
COMPREHENSIVE AUTO LABILITY 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 all persons providing services on
behalf of Permittee and all risks to such persons
under this Permit.
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 stated 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 fails to conduct permitted
activities in the manner heretofore described.
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 and
Permittee shall pay the cost
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
County property.
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.
Permittee shall ensure applicable smoking
restrictions are enforced on the premises.
6. INDEPENDENT STATUS: This 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. Perrnittee
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
INITIAL - City of Temple City - Permit #8746
Page 3 of 3
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
Perrnittee, 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 any liability by the
County whatsoever.
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 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 perfarmed .**""`***•' --e,[)**""***`*"{`"
WILLIAM T FUJIOKA
Chief E=xecutive Officer
PERMITTEE:
CONTACT:
PREMISES:
DEPARTMENT
CONTACT:
CEO CONTACT:
TERM:
FEE:
PURPOSE:
PERMITTEE
SIGNATURE:
County of Los Angeles
CHIEF EXECUTIVE OFFICE
REAL ESTATE DIVISION
222 South Hifl Street, 3' Floor • Los Angeles, California 90012
(213) 974-4300
http:!iceo.lacounty,g ov
PERMIT #8747
City of Temple City "Camellia Festival"
Ms. Cathy Burroughs, Parks & Recreation Director
9701 Las Tunas Drive, Temple City, CA 91780
Telephone (626) 285-2171 Fax (626) 285-8192
County Library Parking Lot, 5939 Golden West Avenue, Temple City, CA 91780. Entry
constitutes acceptance by Permittee of all conditions and terms of this Permit.
Public Library (Clearance)
Felix Sanchez, Facilities Support Unit Supervisor
Telephone (562) 940-8594
Armida Franco, Permit Coordinator
Telephone (213) 974-4317 Fax (213) 217-4971
This Permit shall commence: 12:00 p.m. February 23, 2011
This Permit shall terminate: 11:59 p.m. February 27, 2011
Valid dates and times are: Starting at noon February 23 through February 27, 2011
and ending at 11:59 p.m.
51,000.00. Fee waiver application in process.
The sole purpose of this Permit is to provide a location to hold the annual Camellia
Festival. Parking lot used for carnival rides.
This Permit is accepted on the terms set forth herein.
City of Temple City
By sign here and initial an pages 2 and 3.
Ms. Cathy Burroughs, who hereby personally covenants and guarantees to have the
power and authority to obligate the Permittee to the terms and conditions in this
Permit.
NOTICE:
This permit is not valid until signed by the authorized officer of the Chief
Executive Office. If approved, this permit will be signed upon receipt of fees and
proof of appropriate insurance and any other condition required of Permittee.
PERMLTTOR
SIGNATURE:
EXECUTED:
Reviewed by: AA
COUNTY OF LOS ANGELES
WILLIAM T FUJIOKA
Chief Executive Officer
By:
William L. Dawson
Director of Real Estate
This Permit has been executed on behalf of the County of Los Angeles by the Chief
Executive Officer on the day of , 2010, and
pursuant to Chapter 2,08 of the Los Angeles County Code.
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 pursuant to this
Permit.
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 clo 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 programs) 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 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 insurance maintained by County, shall
name the County of Los Angeles as an Additional
Insured, and shall include, but not be limited to:
COMPREHENSIVE GENERAL LIABILITY
insurance endorsed for Premises -Operations;
products/Completed Operations, Contractual, Broad
Form Property Damage, and Personal 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 31,000,000 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 all persons providing services on
behalf of Permittee and all risks to such persons
under this Permit.
FIRE LEGAL LIABILITY: A program in an amount
not less than 350.000 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 an 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 stated 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 fails to conduct permitted
activities in the manner heretofore described.
INITIAL City of Temple City "Camellia Festival" - #8747
Page 2 of 3
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 ail 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
an the day following the termination of this
Permit. Should Permittee fail to accomplish
this, County may perform the work and
Permittee shall pay the cost.
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
County property.
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.
Permittee shall ensure applicable smoking
restrictions are enforced on the premises.
6. INDEPENDENT STATUS: This 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 notce of one day to
Permittee without incurring any liability by the
County whatsoever.
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 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:**********************************_
0 INITIAL City of Temple City "Camellia Festival" - #8747
Page 3 at 3