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HomeMy WebLinkAboutAGENDA REPORT 2020 1104 CCSA REG ITEM 10GCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 4, 2020 ACTION Approved Staff Recommendation. (Roll Call Vote: 4-0, Councilmember Pollock Abstaining). BY B.Garza. G. Consider Co-Sponsoring the Rotary Club of Moorpark Morning’s Holiday on High Street Event. Staff Recommendation: Approve the Cooperative Services Agreement to co-sponsor Holiday on High Street and authorize the City Manager to sign the agreement subject to final language approval of the City Manager. (Staff: Jessica Sandifer) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Community Services Manager DATE: 11/04/2020 Regular Meeting SUBJECT: Consider Co-Sponsoring the Rotary Club of Moorpark Morning’s Holiday on High Street Event BACKGROUND For the last two years, the City has entered into a co-sponsorship Agreement with the Rotary Club of Moorpark Morning (Rotary) for a holiday event on High Street called “Holiday on High Street”. In the past, the event has featured a snow play area, food vendors, music, children’s activities, a photo opportunity with Santa, and a menorah and tree lighting ceremony. Admission was free to the public, and event expenses were covered by the event organizers and a crowd funding campaign. For the past two years, the event has been held in the vacant City-owned lot adjacent to the former Maria’s restaurant building and has been well received by the community. The City has co-sponsored the event with the Rotary in order to assist them with street closures, police services, and minimal funding towards the tree. The Rotary has again requested City co-sponsorship for the 2020 event. DISCUSSION Due to COVID-19 pandemic, the 2020 Holiday on High Street event will look very different. This year, the event will be held as a drive-thru style event. Rotary has requested waiver of fees for City issued permits and for use of certain City-owned downtown properties. As was the case last year, they have also requested that the City handle certain aspects of the event, including a street closure and police services, and provide funds toward the purchase of the Christmas tree. The 2020 event will be held on Saturday, December 5, 2020, from 6:00 p.m. to 8:00 p.m. The Rotary will decorate High Street between Moorpark Avenue and Magnolia Street. Decorations and their locations along High Street will need to be approved by the City. Even though the event is a drive-thru event, High Street will still be closed in the easterly direction between Moorpark Avenue and Spring Road. Event participants will drive west along High Street from Spring Road to enjoy the decorations and other Item: 10.G. 214 Honorable City Council 11/04/2020 Regular Meeting Page 2 planned festivities, such as carolers and a mailbox where children can mail letters to Santa. The drive-thru event ends near the former Maria’s restaurant location, with Santa waiving to participants, a lighted Christmas tree and Menorah. Participants would then exit High Street and turn either left or right at Moorpark Avenue to leave. The event is free to the public. The City will pay for the costs related to the street closure, law enforcement, City staff costs, and reimburse the Rotary for the purchase of the Christmas tree up to $1,500. The City has budgeted $2,000 for Police Services for this event, however, due to the drive-thru event format, Police Services are expected to exceed the budgeted amount by $1,400. We would see these added costs if the event proves popular and the time to close down the event and re-open the streets adds additional police staff time to the event. All other event costs will be paid by Rotary. Staff has prepared a Cooperative Services Agreement for the event. The Agreement details each party’s responsibilities, the terms for the Rotary’s use of City property, and sets forth insurance requirements for the Rotary. The Rotary is also required to obtain an Encroachment Permit for the use of High Street rights-of-way. FISCAL IMPACT The City will absorb overhead costs associated with use of City facilities and equipment, City staff time spent working the event, and issuance of a “no fee” Encroachment Permit. The City will pay for police services on the day of the event ($2,000), however as discussed above, these costs could increase if the event is well attended. The additional Police costs can be paid for from funds that were allocated for other cancelled events (Country Days and Haunted High Street). The City will also cover street closure costs which are estimated at ($2,200); and contribute up to $1,500 toward the purchase of the Christmas tree. Total cost to the City to co-sponsor the event is $5,700, which could increase to $7,100 plus overhead costs associated with management staff assisting with coordinating the event. The Fiscal Year 2020/21 Operating Budget has funds budgeted for these costs. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve the Cooperative Services Agreement to co-sponsor Holiday on High Street and authorize the City Manager to sign the agreement subject to final language approval of the City Manager. Attachment: Cooperative Services Agreement for 2020 Moorpark Holiday on High Street Event 215 ATTACHMENT City of Moorpark COOPERATIVE SERVICE AGREEMENT for Holiday on High Street 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 ROTARY CLUB OF MOORPARK MORNING, a California corporation, hereinafter referred to as “ROTARY”. RECITALS: WHEREAS, ROTARY plans to produce the 2020 Holiday on High Street drive- thru event (“HOHS”), to be held on Saturday, December 5, 2020 on High Street in Moorpark including decorations along High Street and a Santa Claus; and WHEREAS, CITY has determined that HOHS is a benefit to the residents of the CITY of Moorpark; and WHEREAS, ROTARY has requested, and CITY has agreed, to assist ROTARY and work cooperatively on HOHS. 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 HOHS event unless terminated earlier as described herein. 2. Use of CITY Facilities and Equipment A. USE OF CITY PROPERTIES AND FACILITIES ROTARY is permitted to use vacant CITY properties located on High Street between Moorpark Avenue and Bard Street for the event. Activities may also be located on High Street (collectively “Event Site”). Use of Event Site is subject to the following terms. a. ROTARY shall not make any alterations, additions, or improvements upon the Event Site without the prior written consent of CITY. b. ROTARY accepts Event Site in its existing condition. Immediately preceding occupancy of the Event Site, ROTARY shall conduct a reasonable examination of the Event Site. ROTARY shall, upon knowledge or discovery thereof, immediately report problems with the Event Site to the CITY at (805) 517-6200 or (805) 517-6225. 216 c. At the conclusion of HOHS, ROTARY shall ensure the Event Site is left in the same condition as received by ROTARY. d. ROTARY may place up to five (5) banners, not exceeding 10’ wide by 3’ high, on CITY property to advertise the event. Banners, the manner in which they are displayed, and locations must be approved by CITY. Banners may be placed no earlier than the execution date of this Agreement, and must be removed by Monday, December 7, 2020. e. ROTARY shall install decorations between Magnolia and Walnut Street and a Christmas tree (Tree) and Menorah on the Event Site, in a location to be approved by CITY. Decorations need to be approved by City prior to being installed. Tree and decorations shall be installed no earlier than five (5) days prior to the event date and shall be removed by Sunday, January 3, 2021. Tree shall be no less than 16’ tall. Installation is subject to the following conditions: i. ROTARY shall maintain the decorations, Tree and Menorah during the term of this Agreement. ii. Decorations, Tree and Menorah shall be secured such that these installations cannot fall off, tip over and/or cause damage to property or pedestrians. iii. ROTARY shall be responsible for all aspects of the delivery, installation, decoration, maintenance and removal of the Tree and Menorah, including, but not limited to, securing the Tree and Menorah in place, provision of safety fencing, watering the Tree (if the Tree is fresh-cut), maintaining associated decorations, electricity, and removal of Tree and Menorah on completion of the event. iv. ROTARY shall respond within one day when notified of damage or other vandalism to the tree that needs to be corrected. If at any time the Tree or Menorah becomes a potential hazard, City can require that these installations be removed immediately. v. ROTARY agrees to comply with all Ventura County Fire Department requirements related to the event or the display Tree and Menorah. vi. ROTARY shall be allowed to use power from the building located at 104 High Street. All electrical lights, cords, and connections shall be UL exterior rated with dry boxes at all connections. All extension cords must be covered with exterior floor covers to prevent tripping hazards. vii. Tree and Menorah shall be lit daily from sundown until 11:00 p.m. ROTARY agrees to use a timer to turn lights off and on at the designated times. The Menorah shall remain lit during Hanukah. viii. Any alterations, additions, or improvements installed or caused to be installed to the site as approved in this Agreement, or any fencing, ROTARY CLUB OF MOORPARK MORNING Page 2 of 11 217 exterior lighting, or any other improvements on the Event Site (collectively “Installations”) shall be solely at ROTARY’s cost and are not reimbursable by the City at any time, including at the time of termination of the Agreement by either the ROTARY or CITY. All alterations, additions and improvements shall be temporary in nature and done in a good and workmanlike manner and shall be performed and maintained in accord with all federal, state, county, and local laws, ordinances, codes, and standards. ROTARY shall not make any other alterations, additions, or improvements upon the Premises without the prior written consent of the City. B. USE OF CITY EQUIPMENT ROTARY is permitted to use the CITY’s four (4) light towers on the event date. Light towers shall be transported to the Event Site by CITY staff and set in place no later than 3:00 p.m. on the event date. Light towers shall be removed by CITY staff no later than December 7, 2020. CITY staff shall operate light towers. If needed, ROTARY is permitted to use up to ten (10) trash and ten (10) recycle containers owned by CITY. CITY staff shall deliver containers to the Event Site no later than 3:00 p.m. on December 4, 2020. ROTARY shall place containers around the Event Site as indicated on the solid waste plan, shall empty trash throughout and after the event, and shall clean and stack containers in the original drop off location at the conclusion of the event. ROTARY shall provide the bags for the containers. 3. Obligations of ROTARY A. LEGAL RESPONSIBILITIES ROTARY 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. ROTARY 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 officers and employees, shall not be liable at law or in equity occasioned by failure of ROTARY to comply with this Section. B. FINANCIAL RESPONSIBILITIES 1. ROTARY shall be responsible for all costs associated with HOHS except those costs specifically included as CITY’s responsibility in Section 4.A. ROTARY agrees to reimburse the CITY for all direct costs incurred by CITY for HOHS, including but not limited to property damage, police services (beyond basic police staffing necessary for public safety), insurance costs, equipment rental, and contracted services. ROTARY agrees to pay a five hundred dollar ($500) deposit against said costs to CITY no later than Friday, November 20, 2020. ROTARY CLUB OF MOORPARK MORNING Page 3 of 11 218 2. ROTARY agrees to provide a detailed financial statement to CITY for HOHS, including total income and expenditures, within ninety (90) calendar days of the event. C. PERMITS 1. ROTARY agrees to secure the following permits for HOHS, and pay any fees associated with said permits. a. A City of Moorpark encroachment permit for street closure. CITY shall waive fees associated with this permit. b. City of Moorpark building permit(s) for all temporary structures and electrical permits for lighting regulated by the National Electric Code. c. If required, County of Ventura Event Organizer Permit for food facilities at a community event. d. If required, Ventura County Fire Protection District permits, including but not limited to permits for Places of Assembly and Temporary Structures. 2. ROTARY agrees to ensure that vendors and other event participants secure the following permits where required. a. If food vendors are utilized, all food vendors must have a current County of Ventura mobile food facility permit, annual permit, or temporary food facility permit. b. 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, if required. a. ROTARY shall provide a sufficient number of portable restroom facilities and hand wash stations for the Event Site in order to provide event volunteers with sanitation stations. ROTARY shall ensure all portable restroom facilities and hand wash stations are properly secured and maintained from the time they are set up until the time they are removed from the Event Site. b. ROTARY shall secure and pay for from Waste Management no less than one (1) 3 CY trash bin and one (1) 3 CY recycle bin for disposal of trash and recyclable materials generated by the HOHS event. c. ROTARY shall submit a waste management plan to the CITY no later than November 20, 2020. ROTARY CLUB OF MOORPARK MORNING Page 4 of 11 219 d. ROTARY shall install storm water waddles at the Event Site. e. No noxious odors shall be generated from any use on the Event Site. f. Should hazardous waste be generated by, spilled, or encountered at the Event Site, the event shall immediately be stopped and ROTARY 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. HOHS shall not resume until a hazards clearance has been issued by all of the above named agencies. g. ROTARY must remove any large debris, supplies, or equipment (with the exception of barricades and traffic control devices) on public streets or sidewalks within three (3) hours of the conclusion of the event. ROTARY shall clean the entire Event Site within twenty-four (24) hours of the conclusion of the event. Should ROTARY fail to clean the Event Site within the above stated times, the CITY shall clean the Event Site and ROTARY agrees to reimburse CITY for staff costs for said cleaning according to the current CITY Staff Billing Rates resolution. 2. Event Site. a. ROTARY shall prepare a site map and submit site map to the CITY no later than seven (7) calendar days prior to the event date. The site map must include the location of each activity, temporary structures (including Christmas tree area), portable restrooms and hand wash stations, if determined to provide them, and trash and recycle containers. The site map must be approved by CITY. b. ROTARY shall ensure that curb cuts, sidewalks, doors, windows, fire hydrants, and parking spaces for persons with disabilities are not blocked. c. The Event Site shall maintain 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. ROTARY shall mark locations for equipment and activities at the Event Site. Only chalk or other temporary means of marking may be used. All materials must be non-toxic and is subject to approval by CITY. Use of paint for marking is prohibited. Markings may be made no earlier than one (1) calendar day before the event date. 3. Equipment and Temporary Structures. a. ROTARY must supply all equipment and materials necessary for the event, except for light towers as described in Section 2.B. and traffic control equipment as described in Section 4.C.1. b. Generators must meet Ventura County Air Pollution Control District and California Air Resources Board requirement. ROTARY CLUB OF MOORPARK MORNING Page 5 of 11 220 c. Any portable mechanical or electrical equipment used shall be maintained with an approved spark arrester and muffler. d. Prior to commencement of the event ROTARY shall install approved fire extinguishers according to Ventura County Fire Protection District regulations. e. ROTARY shall ensure that all canopies, tents, and temporary structures are properly weighted or secured to the ground. E. EVENT PLANNING AND OPERATION 1. ROTARY shall coordinate and manage all components of the HOHS event, except those components specifically assigned to CITY as described in Section 4. ROTARY’s responsibilities include, but are not limited to: securing sponsors;; securing attractions; securing a Christmas tree, Menorah; preparing and distributing applications, confirmations, site maps, and other documents; coordinating with CITY and other agencies on event plans; notifying nearby residents and businesses via mail regarding the street closure and event; and marketing and promoting the event. ROTARY must provide CITY with a written list of event activities, no later than seven (7) calendar days before the event. All event activities must be approved by CITY in writing and comply with current COVID-19 regulations and social distancing. In all marketing and promotions, ROTARY shall recognize CITY as event co-sponsor or title sponsor. 2. ROTARY shall provide the appropriate number of staff and/or volunteers necessary to carry out the planning and operation of the event. ROTARY shall provide to CITY a staffing plan no later than seven (7) days prior to the event date. The staffing plan must include a staff schedule and assignments, including monitoring of the drive thru activities. F. INSURANCE ROTARY 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. ROTARY 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 ROTARY CLUB OF MOORPARK MORNING as additional insureds. Contractor shall furnish evidence of all insurance ROTARY CLUB OF MOORPARK MORNING Page 6 of 11 221 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. 2. CITY shall waive rental fees for use of CITY properties. 3. CITY shall waive fees for CITY staff costs associated with HOHS, except those costs specified in Section 3 of this Agreement. 4. CITY shall pay for costs associated with law enforcement personnel necessary for public safety, not to exceed one thousand dollars ($2,000). 5. CITY shall reimburse ROTARY up to one thousand five hundred dollars ($1,500) toward a fresh-cut Christmas tree to display on High Street. Tree shall be at least 16’ tall. ROTARY shall present to CITY an invoice and copy of the purchase receipt. Payment shall be made to ROTARY within thirty (30) calendar days of receipt of invoice and purchase receipt. 6. CITY shall pay for all costs associated with traffic control for the street closure as described in Section 4.C.1. 7. CITY shall provide ROTARY with a detailed statement of CITY’s direct costs within sixty (60) days of the event. If deposit paid is greater than CITY’s direct costs, CITY shall refund any remaining deposit to ROTARY within thirty (30) calendar days of issuing of statement. If deposit paid is less than CITY’s direct costs, ROTARY agrees to pay the balance due to CITY within thirty (30) calendar days of issuing of the statement. B. PERMITS CITY shall secure an encroachment permit from Caltrans for the closure of High Street at Moorpark Avenue. C. EVENT SITE AND LOGISTICS 1. CITY shall provide, set up, and take down of CITY owned or rented cones, barricades, signs, and other traffic control devices for the street closure of High Street between Bard Street and Spring Road at no cost to ROTARY. 2. CITY shall provide staff, police personnel through contract with Ventura County Sheriff, and/or volunteers to monitor the street closures. 3. If necessary due to insufficient clean-up of the Event Site, ROTARY shall reimburse CITY for any costs associated with street sweeping. ROTARY CLUB OF MOORPARK MORNING Page 7 of 11 222 4. CITY shall provide electrical access from a CITY property for the purpose of lighting the Christmas tree and Menorah. D. EVENT PLANNING AND OPERATION 1. CITY shall provide a representative to attend HOHS committee meetings. 2. As feasible, CITY shall promote HOHS on CITY social media and website. 3. CITY shall provide ROTARY with an address list for notifying nearby businesses and residents about the event. List shall be provided at no cost to ROTARY. 5. Termination ROTARY may terminate this Agreement with or without cause at any time prior to the expiration date by giving no less than seven (7) 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 seven (7) 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 HOHS in the event there is a violation of a rule, condition, or law by The ROTARY, or in the event that HOHS become unsafe due to inclement weather, unruly patrons, or other conditions. 6. Hold Harmless and Indemnification ROTARY 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 ROTARY’s performance of its obligations under this Agreement or out of the operations conducted by The ROTARY, 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 ROTARY’s performance of this Agreement, the ROTARY shall provide a defense to the CITY Indemnitees or at the CITY’s option reimburse the CITY Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. ROTARY agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every official, volunteer, vendor, parade participant, performer, contractor, or subcontractor, or any other person or entity involved by, for, with, or on behalf of ROTARY in the performance of this Agreement. In the event ROTARY fails to obtain such indemnity obligations from others as required here, ROTARY agrees to be fully responsible according to the terms of this Section. Failure of CITY to monitor compliance with these requirements imposes no additional ROTARY CLUB OF MOORPARK MORNING Page 8 of 11 223 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 ROTARY 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 ROTARY 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: Rotary Club of Moorpark Morning 207 Los Angeles Ave, Suite 212 Moorpark, CA 93021 Attn: Chris Barrett 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. ROTARY CLUB OF MOORPARK MORNING Page 9 of 11 224 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. ROTARY shall not discriminate against any person because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law. J. The person or persons executing this Agreement on behalf of ROTARY warrants and represents that he/she has the authority to execute this Agreement on behalf of ROTARY and has the authority to bind ROTARY 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 ROTARY CLUB OF MOORPARK MORNING BY _________________________ BY _________________________ Troy Brown, City Manager Chris Barrett ATTEST: BY _________________________ Ky Spangler, City Clerk ROTARY CLUB OF MOORPARK MORNING Page 10 of 11 225 Attachment A Insurance Requirements As a condition precedent of the effectiveness of this Agreement, ROTARY shall procure, and thereafter maintain in full force and effect at ROTARY’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 Rotary Club of Moorpark Morning 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. ROTARY 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 ROTARY 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. ROTARY CLUB OF MOORPARK MORNING Page 11 of 11 226