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HomeMy Public PortalAbout13) 10B Support of 2015 Temple City Camellia Festival ocrCity Council December 16, 2014 Page 2 of 4 BACKGROUND: 1. In 1944, the first Camellia Festival (Festival), sponsored by the Women's Club of Temple City, was held . 2. In 1960, the Festival became a joint venture of the City of Temple City and the Temple City Chamber of Commerce. Festival activities were planned and coordinated by the Temple City Camellia Festival (TCCF) Executive Board (Board), a volunteer organization. Operating expenses for the Festival are funded by the Festival's revenue and the funds are kept separate from the City. 3. In 1990, the City became the sole sponsor of the Festival and continues to sponsor Festival events annually. As the sponsor of the Festival, the City provides insurance, staff support, and facilities for Festival events. 4. On October 15 , 2013, the City Council approved several requests from the TCCF Board, to commemorate the Festival's 70th anniversary including, most notably, closing Las Tunas to allow carnival rides in the street and a permit to serve alcohol throughout the weekend. 5. On October 23, 2014, Administrative Services Director Tracey Hause, Parks and Recreation Director Cathy Burroughs and Festival Director Nanette Fish met with Maria Galvan from the California Joint Powers Insurance Authority (CJPIA) to discuss liability issues and concerns in regards to the Festival, including recommended waivers, applications, and agreements. 6. On November 11, 2014, Assistant City Attorney Greg Murphy approved the new and/or revised applications, agreements, and waivers as recommended by CJPIA. 7. On November 21,2014, Festival Director Fish submitted a Request for City Support for the 2015 Camellia Festival. ANALYSIS: In 2014, the Festival celebrated its 70th anniversary. Due, in part, to the 70th anniversary, the Festival's Board recommended, and the City Council approved, several changes for the 2014 Festival including: • Closure of Las Tunas Drive, between Kauffman Avenue and Golden West Avenue for carnival rides and attractions; • A beer/wine garden; • Food trucks on Friday evening; and • Concerts, featuring bands from the City's summer concert series, on Saturday evening and Sunday afternoon . City Council December 16, 2014 Page 3 of 4 The 2014 Festival was one of the most successful, both financially and in regards to attendance, in recent history due , at least in part, to the above mentioned changes. The TCCF Board is requesting similar approvals for 2015 as outlined in the attached Request for City Support. For many years, the TCCF Board, City officials, and staff, planned and coordinated the annual Camellia Festival on the basis that the TCCF was a recognized non-profit organization. However, documentation has never been located to support th is. Therefore, the TCCF Board recently submitted the required information (i.e. Applications, Articles of Incorporation, By-Laws, etc .) to both the Secretary of State and the IRS to formalize the non-profit status of the TCCF. Both agencies have acknowledged receipt of the paperwork, however the non-profit designation has not been finalized and likely won't be for another several months. Because the TCCF is not, at this time, a legally approved non-profit organization, the City, as the sole sponsor, should execute all agreements and/or contracts . After meeting with City staff and the Festival Director, CJPIA has recommended several changes to the operations of the Festival to reduce the risk associated with this type of event and to provide additional protection to the City as the sole sponsor. In particular CJPIA has requested all participants in the parade sign a waiver holding the City harmless in the event of injury (including school bands, walking units, vehicle drivers and dignitaries). All organizations operating a food or game booth will be required to complete and sign an agreement and provide insurance endorsements, naming the City as an additional insured, and to indemnify the City and the TCCF from all claims arising out of their participation in the Festival. Entertainers, whether paid or not, must also sign a contract which includes an indemnity clause . The City Attorney's office has reviewed and approved all applications, waivers, and agreements. In addition to the above, CJPIA and staff, recommend the City purchase special event insurance for the 2015 Camellia Festival which adds another layer of protection fo r the City. The coverage provides liability insurance when the City's premises are used for special events such as art festivals, parades, block parties, and member-sponsored events such as street fairs and carnivals . All events must be approved and rated by the insurance carrier. Members admin ister the program, accepts funds, and issue certificates of insurance online with Alliant Insurance Services, with whom the CJPIA contracts for this program . There is no deductible, and the member is added as an additional insured, if entered on the certificate . Liability limits are purchased in $1,000,000 per occurrence increments. The estimated premium for the special event insurance this year is $2,500 . The City Council is requested to review and approve the requests from the Festival as identified in the Camell ia Festival's Request for City Support. City staff is not aware of any issues or concerns with the expanded event last year and recommends approval. City Council December 16, 2014 Page 4 of 4 CONCLUSION: The Festival will be celebrating its ?1st anniversary in 2015. The TCCF Board is requesting the City's support and sponsorship for the upcoming Festival. The City Council is requested to review and approve the various items identified on the Festival's Request for City Support. FISCAL IMPACT: The City Council as part ofthe Fiscal Year (FY) 2014-15 City Budget has appropriated funds for this event, the majority of which is staff costs in support of the parade and the three day carnival. Funds are available for the special event insurance in account# 01-940-57-4630 R15-07. It is not anticipated that the request from the Festival Board will have an additional impact on the FY 2014-15 City Budget. ATTACHMENT: A. Request for City Support from Temple City Camellia Festival B. Facilities Use Agreement-First Baptist Church of Temple City Request for City Support 2015 Camellia Festival Page 2 • Temporary parking ban on Broadway between Encinita and Sultana for the purpose of unloading bands and equipment from 6:00a.m. until 1:00 p.m. on Saturday (2/21 /15); • Temporary parking ban on Hermosa between Rosemead Boulevard and Encinita, on Lorna between Las Tunas Drive and Hermosa, and on Hart between Las Tunas Drive and Hermosa on Saturday (2/21/15) from 6:00a.m. until 1:00 p.m. for drop-off of parade participants; • Temporary parking ban on Woodruff between Rowland and Kauffman for bus route to the Temple City First Baptist Church parking lot from 6:00 a.m. until 3:00 p.m. on Saturday (2/21/15); • Temporary parking ban on Rowland Avenue from Las Tunas Drive to Garibaldi for bus parking, from 6 :00a.m. until noon on Saturday (2/21/15); • Temporary parking ban on the west side of Golden West from Las Tunas Drive to the Library driveway for food trucks and from 2:00 to 10 p.m. on Friday (2/20/2015). MISCELLANEOUS • Use of poles on Las Tunas Drive, between Kauffman Avenue and Golden West Avenue, for advertising street banner (City staff to install banner); • Authorization to hang sponsor banners in Temple City Park; • Approval of Facilities Use Agreement with First Baptist Church of Temple City for use of the parking lot for band bus parking and the hall for the Camellia Festival Luncheon; • City contribution of $50 to each organization that constructs and enters a float in the parade, for a total amount not to exceed $400; • Authorization for certain local youth and community organizations, as recommended by the Camellia Festival Committee, to sell food, patches, etc. along the parade route; and • Authorization for City staff to assist in publicizing the 2015 Camellia Festival on the City's website and social media profiles . 1 A FIRST BAPTIST CHURCH OF TEtv1PLE CITY Facilities Use Agreement ATTACHMENT B This agreement by and between First Baptist Church, 6019 Baldwin Ave ., Temple City, California 91780, ("Owner") and the City of Temple City for the Temple City Camellia Festival , ("User"), Will take effect on the 20 day of February, 2015 and will continue for a period of two days. WHEREAS , Owne r owns premises located 6019 Baldwin Ave., Temple City, Ca lifornia 91780, which is normally used for church related ministries, and WHEREAS, User desires to use the 1) Gymnasium (with kitchen) and 2) Parking Lot areas of the facilities for the purpose of 1) Luncheon and 2) disbursement of t he school bands and bus par king, and WHEREAS, Owner has agreed to allow user to use the facilities provided that the following terms and conditions are met. It is Therefore Agreed by and Between the Parties: 1. Owner agrees to let User use the above described premises for the above described purpose on: a. February 20, 20 15 from 1 p.m. unti110 p.m. fo r the purpose of Decorating Gymnasium; b. February 21, 2015 from 9 a.m. until 4 p.m. for parade luncheon in Gymnasium; and c. February 21. 2015 from 7 a.m. until 3 p.m. use of parking lot for disbursement of the school bands and bus parking for parade. 1.5 Catherine Freegard is the contact person for Owner and Nanette Fish is the contact person f or User to coordinate the details of usage. 2. 0 Fee Agreement. User agrees to pay Owner$ ___ for the use of the premises. • Non -Fee Agreement. In consideration for the benefit of using Owner's facilities, User agrees to abide by al the terms and conditions of use described in this agreement. 3. User agrees that it will not use the premises for any unlawful purposes, and will obey all laws , r u les and regulat io ns of all governmental authorities whi le using the above described facilities. 4 . User agrees that it will not use the premises fo r any purpose that is contrary to the mission, purpose or belief of the Owner, which is a biblically-based institution. 5. User agrees to abide by any rules or regulations for the use of the premises that are attached to this agreement. 6. • Organizational Users. User promises and warrants that it carries liability insurance with a minimum liab ility occurrence limit of $1,000.000. The User will provide a certificate of insurance to the Owner at least seven days prior to the date upon which the User begins to use the above described premises. The certificate of insurance will indicate that User has made Owner and "add itional insured" on User's policy with respect to the use by User of the above described premises. 0 Individual Users. User promises and warrants that User will obtain signed Activity Participation Agreements (either provided by or acceptable to Owner) from each participant in the activity. If the participants are minors, User will obtain the signature of a least one parent or legal guardian on each Activity Participation Agreement. 6019 Baldwm Ave, Temple City, CA 91780 · 626.286.3125 http://templecltybaptlst.org