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HomeMy WebLinkAboutAGENDA REPORT 2020 0916 CCSA REG ITEM 10ECITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 16, 2020 ACTION Approved Staff Recommendation. (Roll Call Vote: 4-0, Mayor Parvin Abstaining). BY B.Garza. E. Consider Co-Sponsoring the Moorpark Chamber of Commerce’s “Country Days in your Car” at Arroyo Vista Community Park. Staff Recommendation: 1) Agree to co-sponsor the October 3, 2020 Country Days Event; and 2) Authorize the City Manager to execute a Cooperative Services Agreement to co sponsor the event, subject to final language approval of the City Manager; and 3) Provide police services and certain City services for the Country Days event, as described in the Agreement, at no cost to the Chamber of Commerce. (Staff: Jessica Sandifer) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Community Services Manager DATE: 09/16/2020 Regular Meeting SUBJECT: Consider Co-Sponsoring the Moorpark Chamber of Commerce’s “Country Days in your Car” at Arroyo Vista Community Park SUMMARY It is recommended that the City Council approve the co-sponsorship agreement with the Moorpark Chamber of Commerce (Chamber) for Country Days 2020. BACKGROUND The Country Days event has been held in Moorpark for over 30 years. The event is typically held the first Saturday in October and usually includes a parade and street fair. There is no admission fee charged to the public. Two years ago, in order to better define the relationships between the Chamber and the City and the responsibilities of each of the parties, a Cooperative Services Agreement was prepared for the event. The Agreement includes each party’s responsibilities, the terms for the Chamber’s use of City property, and sets forth insurance requirements. The Agreement took the place of the Temporary Use Permit and separate lease agreements for use of the various City properties. The Chamber was still required to obtain a City encroachment permit for the use of the High Street and Poindexter Avenue Rights-of-Way. DISCUSSION Due to the COVID-19 pandemic, Country Days is going to look a little different this year. Because of the need to maintain social distancing, and the prohibition against large gatherings, the Chamber has shifted gears and moved the event to Arroyo Vista Community Park (Arroyo Vista) where they will host “Country Days in Your Car” on October 3, 2020, from 9 a.m. to 11 a.m. The event will feature static “floats” lined up along the access road. The participants will drive through the park in their cars to view Item: 10.E. 128 Honorable City Council 9/16/2020 Regular Meeting Page 2 the event. Since the event will be held at Arroyo Vista, the City has issued a park rental permit under the Group 1, non-profit rate category. The Group 1 rate allows use of the City’s facilities at no cost to the Chamber provided the event provides a direct benefit to Moorpark residents and is free to the general public. The only costs required of the Chamber for use of Arroyo Vista are any of the City’s direct costs related to the event, such as police services or part-time staff costs. However, the Chamber is requesting that the City co-sponsor the Country Days event and waive the associated direct costs. The costs that the City would be responsible for under the co-sponsorship agreement are the costs of two Ventura County Sheriff’s Department sergeants assigned to the park to ensure that there are no traffic issues impacting Tierra Rejada Road, part-time staff costs required to maintain the park restroom facilities and empty trash receptacles, and overhead costs associated with the use of City facilities. Unlike the traditional Country Days event, there will not be a need for street closures or traffic control, extensive police services or a Caltrans or City encroachment permit. It should be noted that the Park Rules Resolution No. 2020-3876 requires that at least 50% of the park remain open to the general public. Due to this requirement, Parking Lots A and B shall remain open for use of park facilities. However, the Chamber will monitor the event to ensure that park patrons are not gathering along the vehicular route or at the static float locations. Staff has prepared a Cooperative Services Agreement to memorialize each party’s responsibilities, and sets forth insurance requirements for the Chamber, which are already required by the park rental permit. FISCAL IMPACT The City will absorb the overhead costs associated with use of City facilities and the City staff time spent working the event, and will waive the direct costs of two Ventura County Sheriff’s Department sergeants and the part-time staff costs associated with maintaining the park restroom facilities and trash receptacles. The estimated direct costs to the City is approximately $2,000. The Fiscal Year 2020/21 Operating and Capital Improvement Project Budget includes sufficient funding for the Country Days event. The City budgeted $9,600 for Country Days this year. The change of the event venue and format represents a saving of $7,600. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 129 Honorable City Council 9/16/2020 Regular Meeting Page 2 STAFF RECOMMENDATION 1. Agree to co-sponsor the October 3, 2020 Country Days Event; and 2. Authorize the City Manager to execute a Cooperative Services Agreement to co-sponsor the event, subject to final language approval of the City Manager; and 3. Provide police services and certain City services for the Country Days event, as described in the Agreement, at no cost to the Chamber of Commerce. Attachment: Cooperative Services Agreement for 2020 Moorpark Country Days Event 130 ATTACHMENT City of Moorpark COOPERATIVE SERVICE AGREEMENT for Moorpark Country Days 2020 THIS AGREEMENT, made and entered into this __________day of ___________, 2020, between the CITY OF MOORPARK, a municipal corporation located in the County of Ventura, state of California, hereinafter referred to as “CITY” and THE MOORPARK CHAMBER OF COMMERCE, a California corporation, hereinafter referred to as “CHAMBER”. RECITALS: WHEREAS, CHAMBER plans to produce the 2020 Moorpark Country Days event (“Country Days”), to be held on Saturday, October 3, 2020 at Arroyo Vista Community Park; and WHEREAS, CITY has determined that Country Days is a benefit to the residents of the CITY of Moorpark; and WHEREAS, CHAMBER has requested, and CITY has agreed, to assist CHAMBER and work cooperatively on Country Days. NOW, THEREFORE, in consideration of the mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. Term The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, through the conclusion of all activities related to the 2020 Country Days event unless terminated earlier as described herein. 2. Use of CITY Facilities CHAMBER is permitted to use Arroyo Vista Community Park (AVCP) consistent with the requirements of the Park Rental Permit, including requirement to submit a deposit. 3. Obligations of CHAMBER A. LEGAL RESPONSIBILITIES CHAMBER shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement, including all Ventura County Public Health Orders in effect during the date of the event. CHAMBER shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act, Occupational Safety and Health Administration laws and regulations, Ventura County Fire Protection District regulations, and Moorpark Municipal Code sections 17.53 (Noise), 17.40 (Sign Regulations), and 8.32 (Prohibition of Smoking in Public Places). The CITY, and its COUNTRY DAYS 2020 Page 1 of 8 131 officers and employees, shall not be liable at law or in equity occasioned by failure of CHAMBER to comply with this Section. B. FINANCIAL RESPONSIBILITIES 1. CHAMBER shall be responsible for all costs associated with Country Days except those costs specifically included as CITY’s responsibility in Section 4. 2. CHAMBER agrees to provide a detailed financial statement to CITY for Country Days, including total income and expenditures, within ninety (90) calendar days of the event. C. PERMITS 1. CHAMBER agrees to secure the following permits for Country Days, if applicable, and pay any fees associated with said permits. a. A City of Moorpark park rental permit. CITY shall waive fees associated with this permit. The security deposit shall be paid by Chamber. b. City of Moorpark building permit(s) for all temporary structures and electrical permits for lighting regulated by the National Electric Code, if applicable. 2. CHAMBER agrees to ensure that vendors and other event participants secure the following permits, where applicable. If applicable, all vendors (except food vendors) who engage in sales must have a current Seller’s Permit from the California Department of Tax and Fee Administration (formerly Board of Equalization). All vendors must add the event as a sub-location to their Seller’s Permit. D. EVENT SITE AND LOGISTICS 1. Sanitation. a. AVCP has restrooms onsite which will be available for use for the event. CHAMBER shall be responsible for providing regular restrooms checks ensuring that the on-site restrooms are clean, stocked with paper supplies and free of trash debris. CHAMBER shall notify City if restroom facilities need attention. b. No noxious odors shall be generated from any use on the Event Site. c. Should hazardous waste be generated by, spilled, or encountered at the Event Site, the event shall immediately be stopped and CHAMBER shall notify the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Ventura County Sheriff’s Department, and the CITY of Moorpark Building Inspector immediately. Country Days shall not resume until a hazards clearance has been issued by all of the above named agencies. COUNTRY DAYS 2020 Page 2 of 8 132 d. CHAMBER must remove any large debris, supplies, or equipment from AVCP parking lots and sidewalks within three (3) hours of the conclusion of the event. CHAMBER shall clean the entire Event Site within twenty-four (24) hours of the conclusion of the event. Should CHAMBER fail to clean the Event Site within the above stated times, the CITY shall clean the Event Site and CHAMBER agrees to reimburse CITY for staff costs for said cleaning according to the current CITY Staff Billing Rates resolution. 2. Event Site. a. CHAMBER shall prepare a site map and submit site map to the CITY no later than ten (10) calendar days prior to the event date. The site map must include the location of each booth, temporary structures, and trash and recycle containers. The site map must be approved by CITY. b. CHAMBER shall ensure that curb cuts, sidewalks, fire hydrants, and parking spaces for persons with disabilities are not blocked. c. The Event Site shall have two points of vehicular access for emergency equipment and for evacuation points. Each access point must be no less than twenty (20) feet wide and thirteen and one half (13.5) feet vertical clearance. d. CHAMBER shall mark locations for booth spaces and other equipment at the Event Site. Only chalk or other temporary means of marking may be used. All materials must be non-toxic. Use of paint for marking is prohibited. Markings may be made no earlier than one (1) calendar day before the event date. e. CHAMBER shall provide CITY free of charge four (4) booth spaces in the event. Booth space location shall be as agreed upon mutually by CITY and CHAMBER. 3. Equipment and Temporary Structures. a. CHAMBER must supply all equipment and materials necessary for the event. b. Generators, if used, must meet Ventura County Air Pollution Control District and California Air Resources Board requirement. c. Any portable mechanical or electrical equipment, if used, shall be maintained with an approved spark arrester and muffler. d. Prior to commencement of the event CHAMBER shall install approved fire extinguishers, if required, according to Ventura County Fire Protection District regulations. e. CHAMBER shall ensure that all canopies, tents, and temporary structures are property weighted or secured to the ground. COUNTRY DAYS 2020 Page 3 of 8 133 f. CHAMBER shall provide and maintain portable restroom facilities during the event. E. EVENT PLANNING AND OPERATION 1. CHAMBER shall coordinate and manage all components of the Country Days event, except those components specifically assigned to CITY as described in Section 4. CHAMBER’s responsibilities include, but are not limited to: securing sponsors; securing display entries; preparing and distributing display applications, confirmations, site maps, and other documents; coordinating with CITY and other agencies on event plans; and marketing and promoting the event. CHAMBER must provide CITY with a written list of activities, including but not limited to performers, display entries, and other event particulars, no less than ten (10) calendar days before the event. All event activities must be approved by CITY in writing. In all marketing and promotions, CHAMBER shall recognize CITY as event co- sponsor. 2. CHAMBER shall provide the appropriate number of staff and/or volunteers necessary to carry out the planning and operation of the event. F. INSURANCE CHAMBER shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “A” attached hereto and made a part of the Agreement. CHAMBER shall require all vendors and contractors to secure and maintain a general liability insurance policy written with a company acceptable to CITY and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000) for bodily injury or death of any person or persons in any one occurrence, and One Million Dollars ($1,000,000) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability. Policies for food vendors shall include product liability. The policy or policies shall be written on an occurrence basis. The policy shall name Contractor as the insured and the City of Moorpark and the Chamber of Commerce as additional insureds. Contractor shall furnish evidence of all insurance policies required in the form of a Certificate of Insurance and additional insured endorsement at the time the Agreement is submitted to City for signature. 4. Obligations of CITY A. FINANCIAL RESPONSIBILITIES AND CITY FEES 1. CITY shall waive permit fees for all CITY issued permits. COUNTRY DAYS 2020 Page 4 of 8 134 2. CITY shall waive rental fees for use of CITY properties. 3. CITY shall waive fees for CITY staff costs associated with Country Days. 4. CITY shall pay for costs associated with law enforcement personnel necessary for public safety. B. EVENT SITE AND LOGISTICS 1. CITY shall provide two police personnel through contract with Ventura County Sheriff’s Department. 2. CITY shall maintain trash and recycle containers at AVCP during the event. 3. CITY shall service on-site permanent restrooms during the event. 4. CITY will provide one dumpster for CHAMBER to utilize during event clean-up. D. EVENT PLANNING AND OPERATION 1. CITY shall provide a representative to attend Country Days committee meetings. 5. Termination CHAMBER may terminate this Agreement with or without cause at any time prior to the expiration date by giving fifteen (15) calendar days advance written notice thereof to the CITY. This Agreement may be terminated with or without cause by CITY by giving no less than fifteen (15) calendar days written notice of termination. In the event of an emergency, as determined at sole discretion of CITY, this agreement may be suspended by CITY at any time with no advance notice. The CITY, Moorpark Police Department, and Ventura County Fire Protection District retain the right to terminate Country Days in the event there is a violation of a rule, condition, or law by The CHAMBER, or in the event that Country Days become unsafe due to inclement weather, unruly patrons, changes in the Public Health Orders, or other conditions. 6. Hold Harmless and Indemnification CHAMBER shall indemnify, defend and hold harmless CITY, and any and all of its officers, employees, and agents (“CITY Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CHAMBER’s performance of its obligations under this Agreement or out of the operations conducted by The CHAMBER, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from The CHAMBER’s performance of this Agreement, the CHAMBER shall provide a defense to the CITY Indemnitees or at the CITY’s option reimburse the CITY COUNTRY DAYS 2020 Page 5 of 8 135 Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. CHAMBER agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every official, volunteer, vendor, participant, performer, contractor, or subcontractor, or any other person or entity involved by, for, with, or on behalf of CHAMBER in the performance of this Agreement. In the event CHAMBER fails to obtain such indemnity obligations from others as required here, CHAMBER agrees to be fully responsible according to the terms of this Section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CHAMBER and shall survive the termination of this Agreement or this Section. CITY does not and shall not waive any rights that it may have against CHAMBER by reason of this Section, because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 7. General Conditions A. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way, except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. B. Neither party shall assign this Agreement, or any of the rights, duties or obligations hereunder. C. All written notices required by, or related to this Agreement shall be sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows: TO: City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Attn: City Manager TO: Moorpark Chamber of Commerce 18 High Street Moorpark, CA 93021 Attn: Bruce Rokos, Event Chair COUNTRY DAYS 2020 Page 6 of 8 136 D. Should interpretation of this Agreement or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. E. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. F. Cases involving a dispute between parties may be decided by an arbitrator, if both sides agree in writing, with costs proportional to the judgment of the arbitrator. G. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants, referred to herein, shall be filed in the applicable court in Ventura County, California. H. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. I. The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written: CITY OF MOORPARK THE MOORPARK CHAMBER OF COMMERCE BY _________________________ BY _________________________ Troy Brown, City Manager Bruce Rokos, Event Chair ATTEST: BY _________________________ Ky Spangler, City Clerk COUNTRY DAYS 2020 Page 7 of 8 137 Attachment A Insurance Requirements As a condition precedent of the effectiveness of this Agreement, CHAMBER shall procure, and thereafter maintain in full force and effect at CHAMBER’s sole cost and expense, the following types and amounts of insurance: 1. A general liability insurance policy written with a company acceptable to CITY and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of Two Million Dollars ($2,000,000) for bodily injury or death of any person or persons in any one occurrence, and Two Million Dollars ($2,000,000) for loss by damage or injury to property in any one occurrence. The policy shall contain a provision providing for a broad form of contractual liability, including Product Liability coverage if food and beverages are dispensed on premises. The policy or policies shall be written on an occurrence basis. The policy shall name CHAMBER of Commerce as the insured and the CITY of Moorpark, its officials, employees, and agents and the Ventura County Transportation Commission as additional insureds. The policy shall also provide that the CITY shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. CHAMBER shall furnish CITY evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance and additional insured endorsement. 2. Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CHAMBER arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles. Limits are subject to review, but in no event to be less than One Million Dollars ($1,000,000) per accident. 3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than One Million Dollars ($1,000,000) per accident or disease. A Workers Compensation Insurance Certificate shall be filed with CITY before beginning work. COUNTRY DAYS 2020 Page 8 of 8 138