HomeMy Public PortalAbout08) 7E Permit for use of LA County Parking Lot 2015 Fall Festival and 2016 Camellia FestivalDATE:
TO:
FROM :
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
October 6, 2015
The Honorable City Council
Bryan Cook , City Manager " (/)
By: Cathy Burroughs , Director of Parks and Recreation 'U f
AGENDA
ITEM 7 .E .
SUBJECT: APPROVAL OF PERMITS FOR USE OF THE LOS ANGELES COUNTY
PARKING LOT, LOCATED AT 5939 GOLDEN WEST AVENUE , FOR THE
2015 FALL FESTIVAL AND THE 2016 CAMELLIA FESTIVAL
RECOMMENDATION:
The City Counci l is requested to approve the permits for use of the Los Angeles County
(County) Library parking lot fo r both the 2015 Fall Festival and the 2016 Camellia Festival
and authorize staff to execute .
BACKGROUND:
1 . For over twenty years , the City has used the County 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 c lause, City Council approval was required. Since then the City Council
has approved the permits for use of the County parking lots for both the Fall
Festiva l and the Camellia Festival. Prior to 1997, staff had executed the permits.
3 . On June 15 , 2015, staff submitted a letter to Supervisor Michael Antonovich
requesting a waiver of the fees associated with the use of the County's parking lot
for the 2015 Fall Festival.
4 . On June 29 , 2015, staff submitted the online permit request to the County for the
Fall Festival.
5 . On August 27, 2015 , staff submitted the online permit request for th e 2016
Camellia Festival.
City Council
October 6, 2015
Page 2 of 3
6. On September 9 , 2015 , staff was notified that the waiver of the $200 rental fee for
the use of the County parking lot for the Fall Festival was approved by the Board
of Supervisors at their September 8 , 2015 meeting .
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 Camell ia Festival. The parking lot is used for the collector car show during the Fall
Festival and for various carnival activities during the Camellia Festival. The City has
requested use of the parking lot from 7:00 a .m . to 7 :00 p.m. on October 17 , 2015 and
from 8:00a.m. February 24 through 12 :01 a .m . February 29, 2016.
All County permits are now requested and processed online through their website . The
application was 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
staff is requesting City Council 's 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 "inde mnify, 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 2015 Fall Festival and the 2016 Camellia Festival.
FISCAL IMPACT:
This item if approved by the City Council will no t have an impact on the Fiscal Year (FY)
City Counci l
October 6 , 2015
Page 3 of 3
2015-16 City Budget.
ATTACHMENT:
A. County of Los Angeles Application for Permit
ATTACHMENT A
County of Los Anoe les
CHIEF EXECUTIVE OFFICE
REAL ESTATE DIVIS ION -PERM IT SECT ION
222 South Hill Street, 3rd Floor, Los Angeles , California 90012
SACHI A. HAM A l
Interim C hief Executive Officer
APPLICATION FOR PERMIT
1. Who is requesting the Permit (please print)
Organization : City of Templ e City
Pers on who will sign the Permit: Cathy Burroughs I Title of person : Dire cto r
Address: 9701 Las Tunas Driv e
City: Temple City State: CA Z ip : 91780
Ph one 1: (626) 285-2171 Ext: Phone 2 : Ext: Fax Number:
E-mail Address: dingram@templecity.us
(626) 454·-3221
Permit Type: [!] Regular F acil ity Use D Parking Permit D C iv ic Center Mall Use
2 . WHAT is the nature of the event o r purpose of the Perm it: An nual Fall Fe sti va l & Car Sho w
3. HOW many attendees are expected : 0 I How many parking spaces are needed :
4. WHERE Name of County property Venue Requirements Address: 5939 Gol den Wes t Ave
L.A. Coun ty Parking Lot Temple City, CA 9 1780
5. WHEN do you wish to use the property for the abov e event/purpose (date/s & hou rs):
6. AUTHORIZATION who approved this event (County department, contact person , & tele phone #):
Comm unity & Seni or Services
Fe lix Sanchez. Pu blic Library
1?1 ~~ 7':\R. "lnR d
7. INSURANCE an "additional insured" end o rs e ment in the amount of at least $1 .0 mill ion do ll ars must
be received by this offic e prior to your event . You r insurance agent should prepa re the endorsement
naming "The Cou nty of Los Angeles" 222 South Hill Street, Los A ng eles , CA as an additio nal insured .
NOTES :
a. Any perso n or gro up using County pro perty is required to pay a fee, pro vid e insurance and exec ute the permit agreemen t.
The permi tt ee agrees to pay any additional chrges i.e ., cleaning, sec urity , uti lities , etc., A DEPOS IT MAY BE REQU IRED.
b. Minimum $1,000,000 insurance is req uired (permit can cover more th an any day if insurance covers th e same period). You
may be ab le to obtai n Special Even ts insurance-call 1.800.420.0555 or the we b at www .2spa rta .com .
c . The permi t mus t no t be altered in an y way ; if th ere are errors, alert th e office-DO NOT CHANGE THE PERMIT .
d. Audio and/or oth er equipment is not arrange d by this office.
e. This applica tion does not constitute a reservation or permit to use Co unty property .
f . The Co unty require s a 30-day notificati on pri or to issuing and space avail ability.
Applica t ions ca n be fa xed to: 213.217.4971, Attention : Permits Section , 213.974.4300 l Dat e: 06/29/2015
Page 1 of 3
COUNTY OF LOS ANGELES
PERMIT FOR USE OF PROPERTY
1. A DD IT IO NAL CHARGE S: Permittee agrees to pay
any additiona l charges for utilities , security services ,
communication services , custodial services , and parking
services as provided.
2. IN DEM NIF ICAT IO N: Permittee agrees to indemnify ,
defend and save harmless County, its agen ts , officers
and employees from and against any and all liability,
expense , including defense cost s and lega l fees , and
claims for damages of any nature wha ts oeve r ,
including , but not limited to , bodily injury, death,
persona l inj ury , or property da mage , including damage
to County property, arising from or connected with
Permittee's operations , or its services hereu nder ,
incl uding any Workers' Compensation suits , liability,
or expense, arising from or connected with services
performed by or on behalf of Perm ittee by any person
3. IN SU RAN CE : Specia l eve nt s insurance is
ava i lable through 2Sparta.com o r by ca ll ing
800-42 0-0555 . The Permittee shall supply the
County with an in surance endorsement from their
insurance carrier naming the Cou nty as an additional
insured. Th e number to fax t he addi ti onal insu red
en dorsement is 213-217-4971 . The na me of the
additional insu red is T he · County of Los An geles.
The address is c/o A r mi da Fra nco, 222 South H ill,
3r d Floor, Los Angeles , CA 900 12. Wit hout limi ting
Pe rmittee's indemn ification of County , Permittee shall
provide and ma intain , except where deleted and
initialed , at its own expense during the term of this
Permit the followi ng program(s) of insurance coveri ng
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 Coun ty 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 identifv this Permit and
shall contain express conditions tha t Countv is to be
given written notice at least thirtv (30) days in advance
of any modification or termination of any provisio n of
insurance:
GENERAL LIABILITY : A program of insurance
which shall be primary to and not contributing with
any othe r insurance maintained by County , shall
name the Countv of Los Angeles as an Additional
Insured , and shall include, but not be limited to:
COMPR EH ENS IVE GENERAL LI ABILITY insurance
endorsed for Premises-Operations ,
products/Completed Operations , Contractual , Broad
Form Property Damage , and Persona l Injury with a
Page 2 of 3
combined single limit of not less than $1 ,000 ,000 per
occurrence.
COMPREHENSIVE AUTO LIABILITY endorsed fo r all
ow ned , non-owned and hi red ve hicles with a
com bined single lim it of at least $1,000 .000 per
occu rrence .
WORKERS' COMPENSATION : A program of
Workers' Compensation insurance in an amount and
form to meet all applicable requ irements 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 pe rsons 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 unde r the
policy for genera l liabi lity .
4. FAILUR E TO PROCURE IN SURAN CE: Fa ilu re on
the part of Permittee to procu re or ma intain required
program(s) of insu rance shall constitute a mate ria l
breach of contract upon wh ich County may
immed iately te rminate th is Perm it.
5. PERM ITIEE SHA L L:
a. Comply with and abide by all applicable ru les ,
regulations and directions of County and all
applicable City and County ordinances and all
State and Federa l laws , and in the cou rse
thereof obtain and keep in effect all permits and
licenses required to conduct t he permitted
activities on t he 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 Cou nty property
lost, damaged , or destroyed as a res ult of or
connected with the conduct or activ it ies of the
Permittee . Should Pe rmittee fai l to promptly
make repa irs , County may have repairs made
and Pe rmittee shall pay costs . Pay charges
for insta ll ation and service costs for all
telephones used for the con d uct of the
permitted activities , such act ivities mus t be
stated within this permit.
c. Conduct the permitted act ivities in a courteous
and non-profane manner, operate without
interfering with the use of the facilit ies by
Coun ty or the public, excep t as herei n
perm itted , and remove any agent, servant or
employee who fails to cond uct permitted
d . Ass um e the risk of loss , damage or destruction
to any and all fixtures and persona l property
belonging to Permittee that are installed or
placed withi n the area occupied .
e. Restore the premises prior to the term ination of
this Perm it to the satisfaction of Co un ty to t he
con d it ions that existed prior to the
co mm encement of the perm itted activities ,
other than fo r ordinary we ar and tear or damage
or destru ction by th e acts of God beyond the
control of Permitte e. Th is sha ll include
removal of all rubbish and debris , as well as
structures placed on th e premises by
Permittee in order that the premises will be
nea t and clean and read y for norma l use by
County on the day following the termination of
this Permit. Should Perm ittee fai l to
accomplish this , Cou nty may perform the work
f. Allow County to enter the pr emises at any time
to determ ine compliance with the terms of t his
Perm it , or for any other purpose incidenta l to
the perfo rmance of the re sponsibilities of the
Chief Executive Office .
g. Provide all secur ity devices required for t he
protection of the fixtu res and perso nal property
used in the conduct of the permitted activities
from theft, burglary or van da lis m, provided
writte n approval for th e installation thereof is
fi rst obt ained from the Chief Execut ive Offi ce .
h. Prohibit all advertising si gns or matter from
disp lay at the premises and unl ess otherwise
stated in this perm it ; prohibit the marketi ng and
promoti on of lite rature and products of any ki nd ;
and proh ibit the serving of food and alcohol on
i. Keep a respons ible representative availab le
during all permitted hours of the en tire even t.
This person shall carry co pi es of this Perm it
and the recei pt for co nsidera tion herein, for
display upon request.
j . Perm ittee shall ensure applicable smoking
restrictions are enforced on the premis es .
6. INDEPENDENT STATUS : The Permit is by and
between County and Permitte e an d is not inte nded
and shall not be construe d, to create the
re lations hip of agent , se rv ant , employee,
partnership, joint venture or association as
between County and Permittee . Permittee
understands and agrees to bear the sole
respons ibility and liability f or furnis hing Workers'
Compensation benefits to any person for inj uries
arising from or connected with services
Page 3 of 3
performed on behalf of Permittee pursuant to this
Permit.
7. EMPLOYEES: All refere nces to the "Permittee "
in the Permit are deemed to include the employees ,
agents , assigns , contra ctors, and anyone else
involved in any manner in th e exercise of the rights
there in given to the undersigned Permittee .
8. LIMITATIONS : It is ex press ly . understood that in
permitting the right to use said premises , no estat e or
interest in real property is be ing conve yed to
Permittee , and that the rig ht to use is only a
nonexclu sive , revocable and unassignable permission
to occ upy the premises in acco rdance with the terms
and conditions of the Permit for the purpose of
co nducting the pe rmitted acti vi ti es .
9. ASSIGNMENT: Th is Permit is pe rso nal to
Perm ittee , and in the even t Perm ittee 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 th e County finds that the
activities being held on th e premises unnecess arily
endanger the health or safety of persons on or ne ar
sa id pro perty , the representative may r equire that th is
Permit immediate ly be terminated until said
endange ring activities cease .
11 . DEFAULT AND CANCELLATION : Permittee
agrees that if defau lt shall be made in any othe r terms
and con ditions here in con tain ed , County may fo rthwith
revoke and terminate this Permit. The Co unty
rese rv es the right to cancel this Permit upon giving
w ritten notice of one day to Permittee withou t incurring
12. ALTERATIONS AND CO ND ITION OF
PREMISES: Permittee has examined the
premises an d knows the condition there of. Permittee
accept s the premises in the present sta te and
condition and waives any and all demand upon the
County for alterat ion , repair , or improve ment th ereof.
Permittee shall make no alte ration or improvements to
the premises unles s approved in writing, in which case
Permittee shall bear the sole cost and expense of any
work performed .····~ ....... END"'' ........... .