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HomeMy WebLinkAboutAGENDA REPORT 2022 0921 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 21, 2022 ACTION APPROVED STAFF RECOMMENDATIONS. (ROLL CALL VOTE: 4-0, MAYOR PARVIN RECUSED) BY A. Hurtado. H. Consider Co-Sponsoring the Moorpark Chamber of Commerce’s Country Days Parade and Street Fair. Staff Recommendation: 1) Agree to co-sponsor the October 1, 2022, 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 City Attorney; and 3) Waive fees for use of City properties and for City issued permits; and 4) 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, Community Services Manager) Item: 10.H. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Community Services Manager DATE: 09/21/2022 Regular Meeting SUBJECT: Consider Co-Sponsoring the Moorpark Chamber of Commerce’s Country Days Parade and Street Fair 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 includes a parade and street fair. There is no admission fee charged to the public. Historically, the City has worked cooperatively with the Chamber of Commerce (Chamber) and other organizations to produce the event. Typically, the Chamber would obtain a City Temporary Use Permit for the event; enter into a Lease Agreement with the City for the use of City properties; and request waiver of rents and fees for the parade/street fair and use of City properties. Since 2018, the Chamber and City have been using a Cooperative Services Agreement for the event, which provided for the fee waivers, use of City property, and included a requirement for the Chamber to provide a deposit to cover the agreed upon costs. The agreement details each party’s responsibilities, the terms for the Chamber’s use of City property, and sets forth insurance requirements for the Chamber. The Agreement also replaced the Temporary Use Permit; however, the Chamber was still required to obtain a City Encroachment Permit for the use of the High Street and Poindexter Avenue rights-of-way. The City has traditionally approved the Cooperation Agreement because this event promotes the City of Moorpark, provides recreational and community involvement opportunities for Moorpark’s residents, and local businesses benefit from increased visibility. Item: 10.H. 469 Honorable City Council 09/21/2022 Regular Meeting Page 2 DISCUSSION The Chamber has requested that the City again co-sponsor the Country Days event for 2022 and waive fees for the parade and street fair and for use of certain City-owned downtown properties, including the Moorpark Community Center and vacant City properties on the south side of High Street. Additionally, they have requested that the City continue to handle certain aspects of the event, including the street closures, police services, solid waste management services, and obtaining the Caltrans Encroachment Permit for the closure of Moorpark Avenue (SR23). Staff has prepared the Cooperative Services Agreement for the event. As in years past, the Agreement details each party’s responsibilities, the terms for the Chamber’s use of City property, provides certain fee waivers, sets forth insurance requirements for the Chamber and contracted vendors, and the requirement to obtain an encroachment permit for the use of High Street and Poindexter Avenue rights-of-way. FISCAL IMPACT The City will absorb overhead costs associated with use of City facilities, City staff time spent working the event, and issuance of a “no fee” Encroachment Permit. The City will also absorb $2,500 to $3,000 in overtime costs for Public Works Department staff. The City will pay for police services (up to $8,500) for the event. Fees waived for use of the Moorpark Community Center equate to approximately $800. The Fiscal Year 2022/23 Operating and Capital Improvement Project Budget includes the costs to provide these services and fee waivers. STAFF RECOMMENDATION 1. Agree to co-sponsor the October 1, 2022, 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 City Attorney; and 3. Waive fees for use of City properties and for City issued permits; and 4. 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 2022 Moorpark Country Days Event 470 COUNTRY DAYS 2022 Page 1 of 10 ATTACHMENT City of Moorpark COOPERATIVE SERVICE AGREEMENT for Moorpark Country Days 2022 THIS AGREEMENT, made and entered into this ____day of ______________, 2022, 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 2022 Moorpark Country Days event (“Country Days”), to be held on Saturday, October 1, 2022, on High Street in Moorpark including a parade and street fair; 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 2022 Country Days event unless terminated earlier as described herein. 2. Use of CITY Facilities CHAMBER is permitted to use CITY properties including 192 High Street, Moorpark Community Center at 799 Moorpark Avenue, City-owned portion of North Metrolink Parking Lot and the City will work with the Ventura County Transportation Commission (VCTC) to secure use of the VCTC-owned portion of the North Metrolink Parking Lot for the event (“Property”). The parade shall take place on Poindexter Avenue, Moorpark Avenue, and High Street. The street fair shall be located on High Street (collectively “Event Site”). Use of CITY Property is subject to the following terms. A. CHAMBER shall not make any alterations, additions, or improvements upon the Property without the prior written consent of CITY. B. CHAMBER accepts Property in its existing condition. Immediately preceding occupancy of the Property, CHAMBER shall conduct a reasonable examination of 471 COUNTRY DAYS 2022 Page 2 of 10 the Property. CHAMBER shall, upon knowledge or discovery thereof, immediately report problems with the Property to the CITY at (805) 517-6200. C. At the conclusion of Country Days, CHAMBER shall ensure the Property is left in the same condition as received by CHAMBER. 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. 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 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.A. CHAMBER agrees to reimburse the CITY for all direct costs incurred by CITY for Country Days, including but not limited to property damage, police services (beyond basic police staffing necessary for public safety), insurance costs, equipment rental, and contracted services. CHAMBER agrees to pay a two thousand dollar ($2,000) deposit against said costs to CITY to be provided with this Agreement, but no later than September 21, 2022. 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, and pay any fees associated with said permits. a. A City of Moorpark encroachment permit. 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. CITY shall waive fees associated with this permit. c. County of Ventura Event Organizer Permit for food facilities at a community event. 472 COUNTRY DAYS 2022 Page 3 of 10 d. Ventura County Fire Protection District permits as required, including but not limited to permits for Places of Assembly and Temporary Structures. e. Metrolink permit to cross the railroad tracks including provision of required flagmen during the parade. 2. CHAMBER agrees to ensure that vendors and other event participants secure the following permits. a. 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. All vendors must add the event as a sub-location to their Seller’s Permit. D. EVENT SITE AND LOGISTICS 1. Sanitation. a. CHAMBER shall provide a sufficient number of portable restroom facilities and hand wash stations for the Event Site. CHAMBER 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. CHAMBER shall submit a waste management plan to the CITY no later than September 21. c. No noxious odors shall be generated from any use on the Event Site. d. 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. e. CHAMBER 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. 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. 473 COUNTRY DAYS 2022 Page 4 of 10 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 vendor booth, temporary structures, portable restrooms and hand wash stations, and trash and recycle containers. CHAMBER must also submit a site plan for the parade, including parade route and staging area. The site map must be approved by CITY. b. CHAMBER 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 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 ten (10) booth spaces in the street fair. Booth space location shall be as agreed upon mutually by CITY and CHAMBER. Police Command Post shall be located at the Event Site, as mutually agreed upon by CITY and CHAMBER. CHAMBER shall also waive parade entry fees for all CITY parade entries. 3. Equipment and Temporary Structures. a. CHAMBER must supply all equipment and materials necessary for the event, except for 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. 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 CHAMBER shall install approved fire extinguishers according to Ventura County Fire Protection District regulations. e. CHAMBER shall ensure that all canopies, tents, and temporary structures are properly weighted or secured to the ground. 474 COUNTRY DAYS 2022 Page 5 of 10 E. EVENT PLANNING AND OPERATION 1. CHAMBER shall coordinate and manage all components of the Country Days parade and street fair, except those components specifically assigned to CITY as described in Section 4. CHAMBER’s responsibilities include, but are not limited to: securing sponsors; securing food vendors, craft vendors, and commercial vendors; securing games and attractions (mechanical attractions subject to increased insurance requirement noted in Section F.); securing parade entries; preparing and distributing vendor and parade applications, confirmations, site maps, and other documents; coordinating with CITY and other agencies on event plans; notifying nearby residents via mail regarding the street closure and event; and marketing and promoting the event. CHAMBER must provide CITY with a written list of event activities, including but not limited to games, attractions, performers, street fair vendors, and parade entries 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. CHAMBER shall require all mechanical ride operators 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 475 COUNTRY DAYS 2022 Page 6 of 10 minimum coverage of Five Million ($5,000,000) for bodily injury or death of any person or persons in any one occurrence, and Five Million ($5,000,000) for loss by damage or injury to property in any one occurrence and shall include One Million ($1,000,000) automobile coverage. Policy shall pay out Ten Million ($10,000,000) in the aggregate. If the CHAMBER does not also provide similar coverage on its general liability insurance policy, then mechanical ride operators shall secure and maintain a general liability insurance policy for a minimum coverage of Ten Million ($10,000,000) for bodily injury or death of any person or persons in any one occurrence, and Ten Million ($10,000,000) for loss by damage or injury to property in any one occurrence. Policy shall pay out Twenty Million ($20,000,000) in the aggregate. 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 Country Days, except those costs specified in Section 2 of this Agreement. 4. CITY shall pay for costs associated with law enforcement personnel necessary for public safety and the beer garden. 5. CITY shall provide CHAMBER 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 CHAMBER within thirty (30) calendar days of issuing of statement. If deposit paid is less than CITY’s direct costs, CHAMBER 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. C. EVENT SITE AND LOGISTICS 1. CITY shall provide, set up, and take down of CITY owned cones, barricades, signs, and other traffic control devices for the parade route and street closures at no cost to CHAMBER. If traffic control equipment is required beyond what CITY can provide, CHAMBER agrees to reimburse CITY for rental use of traffic control equipment, as described in Section 3.B.1. 2. CITY shall provide staff, police personnel through contract with Ventura County Sheriff, and/or volunteers to monitor the street closures. Chamber agrees to also provide volunteers for street closures. 476 COUNTRY DAYS 2022 Page 7 of 10 3. CITY shall provide adequate trash and recycle containers for the Event Site. 4. CITY shall maintain trash and recycle containers on High Street during the event and will provide event site clean-up of sidewalks and incidental trash at the conclusion of the event. Chamber responsible to ensure vendors clean up and remove their own trash to the provided dumpsters. 5. CITY shall install storm water waddles at the Event Site. 5. CITY shall arrange for street sweeping of High Street before and after the event. D. EVENT PLANNING AND OPERATION 1. CITY shall provide a representative to attend Country Days committee meetings. 2. CITY shall place a one-half page advertisement for County Days in the fall edition of the recreation guide. Advertisement shall be at no cost to CHAMBER. As feasible, CITY shall promote Country Days on CITY social media and website. 3. CITY shall provide CHAMBER with an address list for notifying nearby businesses and residents about the event. List shall be provided at no cost to CHAMBER. 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, or other conditions. 6. Hold Harmless and Indemnification CHAMBER shall indemnify, defend and hold harmless CITY, and any and all of its officers, employees, agents and volunteers (“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 477 COUNTRY DAYS 2022 Page 8 of 10 reimburse the CITY 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, parade 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: Dale Parvin, Chief Executive Officer 478 COUNTRY DAYS 2022 Page 9 of 10 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 Dale Parvin, Chief Executive Officer ATTEST: BY _________________________ Ky Spangler, City Clerk 479 COUNTRY DAYS 2022 Page 10 of 10 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 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. In the event, mechanical ride operators cannot provide the maximum coverage required under Agreement Section F, then CHAMBER shall provide for a minimum coverage of Five Million Dollars ($5,000,000) for bodily injury or death of any person or persons in any one occurrence, and Five Million Dollars ($5,000,000) for loss by damage or injury to property in any one occurrence. All other requirements noted above would apply to this policy. 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. Liquor Liability a minimum of one million dollars ($1,000,000) combined single limit coverage policy per occurrence. 4. 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. 480