Loading...
HomeMy Public PortalAbout6) 7C Approval of Permits for Use of LA County Parking Lot for Classic Car Show and Camellia FestivalDATE: TO: FROM : PARKS AND RECREATION DEPARTM E NT MEMORANDUM September 19, 2016 The Honorable City Council Bryan Cook, City Manager ,. !h. By: Cathy Burroughs, Director of Parks and Recreation Gf U AGENDA ITEM ?.C. SUBJECT: APPROVAL OF PERMITS FOR USE OF THE LOS ANGELES COUNTY PARKING LOT, LOCATED AT 5939 GOLDEN WEST AVENUE, FOR THE 2017 CLASSIC CAR SHOW AND THE 2018 CAMELLIA FESTIVAL RECOMMENDATION: The City Council is requested to approve the permits for use of the Los Angeles County (County) Library parking lot for both the 2017 Classic Car Show (Attachment "A") and the 2018 Camellia Festival (Attachment "B ") and authorize staff to execute. BACKGROUND: 1. For over twenty-five years, the City has used the County Library parking lot, located at 5939 Golden West Avenue, for the annual Fall Festival and Classic Car Show and the Camellia Festival. 2. In 1997, the City Attorney determined that, because the permits contained an indemnity clause, 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 Festival and the Camellia Festival. Prior to 1997, staff had executed the permits. 3. On June 25, 2017, staff submitted a letter to Supervisor Kathryn Barger requesting a waiver of the fees associated with the use of the County's parking lot for the 2017 Classic Car Show and 2018 Camellia Festival. 4. On July 24, 2017, staff submitted the online permit request to the County for the 2017 Classic Car Show. City Council September 19, 2017 Page 2 of 3 5. On August 28, 2017, staff was notified that the waiver of the $200 rental fee for the use of the County parking lot for the Classic Car Show was approved. 6. On August 29, 2017, staff submitted the online permit request for the 2018 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 has been used for the collector car show during the Fall Festival and for various carnival activities during the Camellia Festival. This year, due to a dramatic increase in the number of participants for the car show, the Classic Car Show will be a separate event from the Fall Festival. The library parking lot will be used for the Classic Car Show on October 14, 2017, but will not be needed for the Fall Festival on October 21, 2017. The City has requested use of the parking lot from 7:00 a.m. to 7:00 p.m. on October 14, 2017 for the Classic Car Show and from 8:00 a.m. February 21 through 12:01 a.m. February 26, 2018 for the Camellia Festival. All County permits are now requested and processed online through their website. The applications were 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 both permits. 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 "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 accepting the terms and conditions. CITY STRATEGIC GOALS: Approval of the permits for use of the County Library parking lot for the 2017 Classic Car Show and the 2018 Camellia Festival furthers the City's Strategic Goal of Quality of Life. City Council September 19, 2017 Page 3 of 3 FISCAL IMPACT: This item if approved by the City Council will not have an impact on the Fiscal Year (FY) 2017-18 City Budget. ATTACHMENTS: A. County of Los Angeles Application for Permit -Classic Car Show B. County of Los Angeles Application for Permit-Annual Camellia Festival ATTACHMENT A County of Los Anqeles CHIEF EXECUTIVE OFFICE REAL ESTATE DIVISION-PERMIT SECTION 222 South Hill Street, 3rd Floor, Los Angeles, California 90012 SACHI A. HAMAl Chief Executive Officer ' ·, APPLICATION FO~ PERMIT :. ' 1. Who is requesting the Permit (please print) Organization: City of Temple City {.-". Person who will sign the Permit: Cathy Burroughs I Title of person: Director Address: 9701 Las Tunas Drive City: Temple City State: CA Zip: 91780 Phone 1: (626) 285-2171 Ext: Phone 2: Ext Fax Number: (626) 454-3221 E-mail Address: dingram@templecity.tls Permit Type: IX] Regular Facility Use D Parking Permit D Civic Center Mall Use 1)2. WHAT is the nature of the event or purpose of the Permit: Classic Ca r Show & fes tiva l 3.HOW many attendees are expected : 8oo· I How many parking spaces are needed: 4. WHERE Name of County property Venue Requir~ments Address: 5939 Go lden West Ave . L.A. County Parking Lot Temple City, CA 91780 5. WHEN do you wish to use the property for the above event/purpose (date/s & hours): 6. AUTHORIZATION who approved this event (County department, contact person, & telephone#): 7. INSURANCE an "additional insured" endorsement in the amount of at least $1.0 million dollars must be received by th is office prior to your event . Your insurance agent should prepare the endorsement naming "The County of Los Angeles" 222 South Hill Street, Los Angeles , CA as an additional insured. NOTES: a . Any person or group using County property is required to pay a fee, provide Insurance and execute the permit agreement. The permittee agrees to pay any additional chrge s I.e., cleaning, security, utilities, etc., A DEPO SIT MAY BE REQUIRED. b. Minimum $1,000,000 Insurance Is req uired (permit can cover more than any day If Insurance covers the same period). You may be able to obta in Special Events Insuranc e -call1.800.420.0555 or the web at www.2sparta.com. c. The permit must not be altered In any way; if th ere are errors, alert the office-DO NOT CHANGE THE PERMIT. d. Audio and/or other eq uipm ent Is not arranged by this office. e. This application does not constitute a reservat ion or permit to use County property. 't. The County requires a 30-day notification prior to Issuing and spa ce avail ab ility. Applications can be faxed to: 213.217.4971, Attention: Permits Section, 213.974.4300 ., Date: 07/24/2017 Page 1 of 1 f 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: Permrttee 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 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 c/o Real Estate Division Permits, 222 South Hill1 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 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 GENERAL LIABILITY: A program of insurance which shall be primary to and not contributing with any other insurance maintained by County, .§..b.§l! 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 nol less than $1 000 DOD 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 form to meet all applicable requirements of the Labor Code of the Stale of California, and which specifically covers all persons providing services on behalf of Permittee and all risks to such persons 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 under the policy for genera! 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 pennits and licenses required to conduct the pennitted 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 slated 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 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 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 Executlve 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 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. j. Permittee shall ensure applicable smoking restrictions are enforced on the premises. 6. INDEPENDENT STATUS: The 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 notice of one day to Permittee without 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 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. ~ .............. ENo•h•u•• ....... . ATTACHMENT B County of Los Anqeles CHIEF EXECUTIVE OFFICE REAL ESTATE DIVISION -PERMIT SECTION 222 South Hill Street, 3 rd Floor, Los Angeles, Californ ia 90012 SACHI A. HAMAl Chief Executive Officer APPLICATION FOR PERMIT 1 . Who is requesting the Permit (please print) Organization: City of Temple City Person who will sign the Permit: Cathy Burroughs I Title of person: Director Address: 9701 Las Tunas Drive C ity: Temple City State: CA Zip: 91780 Phone 1 : (626) 285-2171 Ext: Phone 2 : Ext: Fax Number: (626) 454-3221 E-mail Address : dingram@templecity.us Permit Type: [X] Regular Facility Use D Parking Permit D Civic Center Mall Use 2. WHAT is the nature of the event or purpose of the Permit: Annual Camellia Festival 3.HOW many attendees are e x pected : 3 ,000 I How many parking spaces are needed: 4. WHERE Name of County property Venue Requirements Address: 5939 Gold e n We st Av e. L.A. County Parking l o t Templ e C ity, CA91780 5. WHEN do you wish to use the property for the above event/purpose (date/s & hours): 6 . AUTHORIZATION who approved this event (County d epartment, contact person, & telephone #): ?.INSURANCE an "additional ins ured" endorsement in the amount of at least $1.0 million dollars must be received by this office prior to your event. Your insurance agent should prepare the endorsement naming "The County of Los Ange les" 222 South Hill Stre et, Los Angeles, CA a s an additional insure d . NOTES: a. Any perso n or group using County property is required to pay a fee , provid e insura nce and exec ute the permit agreemen t. The perm ittee agrees to pay any addi tio nal chrges i.e., clea ning , secu rity , utilities, etc., A DEPOS IT MAY BE REQ UIRE D. b . Min imum $1,000,0 00 insurance is required (permit can cover more than any day if insuran ce cove rs the same period). Yo u may be able to ob tain Special Eve nts in sura nce-call 1.800.4 20.0555 or th e web at www.2s part a.com. c. The permit mu st not be altered in any way ; if th ere are errors, ale rt th e offi ce -DO NOT CHAN GE THE PE RMIT. d. Audio and/or oth er equipm ent Is not arranged by thi s offi ce . e. Thi s appli catio n does not co nstitu te a rese rva tio n or permit to use Co unty property. f. Th e Cou nty requires a 30 -day notifi ca tion prior to Issuing and space availability. Applications can be f axed to: 213.217.4971, Attention : Permits Section, 213.974 .4300 I Date: 08/2 9 /2017 Page 1 of 1 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. 2.1NDEMNIFICATION: 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 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 Real Estate Division Permits, 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 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 f30l days in advance of any modification or termination of any provision of 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 $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 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 pennits 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 nonMprofane 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 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 destr~ction 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 Pennittee fail to accomplish this, County may perform the work 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 ail 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 i. Keep a responsible representative available during ail permitted hours of the entire event. This person shall carry copies of this Permit and the receipt for consideration herein, for display upon request. j. Permittee shall ensure applicable smoking restrictions are enforced on the premises. 6. INDEPENDENT STATUS: The 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 "Pennittee" 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 notice of one day to Permittee without 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 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 perfoiTT1ed. **"'**'u•u••*END•*•*'"•'* ........