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HomeMy WebLinkAboutAGENDA REPORT 2024 0717 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 17, 2024 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. G. Consider Request from Rotary Club of Moorpark Morning to Co-Sponsor Country Days Parade. Staff Recommendation: 1) Agree to co-sponsor the October 5, 2024, Country Days Parade Event; and 2) Authorize the City Manager to execute 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, Caltrans Encroachment Permit, and certain City services for the Country Days event, as described in the Agreement, at no cost to the Rotary Club of Moorpark Morning. (Staff: Jessica Sandifer, Deputy Parks & Recreation Director) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Deputy Parks and Recreation Director DATE: 07/17/2024 Regular Meeting SUBJECT: Consider Request from Rotary Club of Moorpark Morning to Co- Sponsor Country Days Parade BACKGROUND The Country Days event has been held in Moorpark for over 40 years. The event is typically held the first Saturday in October and has included 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) to produce the event. However, the Chamber has elected not to continue to produce the Country Days event in 2024. DISCUSSION The Rotary Club of Moorpark Morning (Rotary) has approached the City about continuing the Country Days tradition. However, rather than produce the full event, Rotary requested to only facilitate a parade (Country Days Parade). The event would be held on October 5, 2024. Similar to the arrangement the City had with the Chamber for Country Days, Rotary has requested that the City co-sponsor the Country Days Parade for 2024. Rotary has requested a waiver of fees for the parade and for use of certain City-owned properties, including the Moorpark Community Center and Poindexter Park parking lot. Additionally, they have requested that the City 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 (State Route 23). Staff has prepared the Cooperative Services Agreement for the event. The Agreement details each party’s responsibilities, the terms for the Rotary’s use of City property, provides the requested fee waivers, sets forth insurance requirements for the Rotary, and the requirement to obtain an Encroachment Permit for the use of High Street and Poindexter Avenue rights-of-way. Item: 10.G. 239 Honorable City Council 07/17/2024 Regular Meeting Page 2 Staff is supportive of Rotary’s request and is recommending approval of the Agreement because the Country Days Parade promotes community involvement, is free to all participants, and increases visibility for local businesses. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT The costs to the City include 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 incur approximately $2,000 to prepare the traffic control plans and obtain the Caltrans Encroachment Permit, and $2,000 in overtime costs for Public Works Department staff to manage the traffic control. The City will also pay for police services (up to $7,000) for the event. Fees waived for use of the Moorpark Community Center equate to approximately $900. The Fiscal Year 2024/25 Operating and Capital Improvement Project Budget includes sufficient budget to provide these services and fee waivers. CITY COUNCIL GOAL COMPLIANCE This action does not support a current strategic objective. STAFF RECOMMENDATION 1. Agree to co-sponsor the October 5, 2024, Country Days Parade Event; and 2. Authorize the City Manager to execute 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, Caltrans Encroachment Permit, and certain City services for the Country Days event, as described in the Agreement, at no cost to the Rotary Club of Moorpark Morning. Attachment: Cooperative Services Agreement for 2024 Moorpark Country Days Parade Event 240 COUNTRY DAYS PARADE 2024 Page 1 of 10 City of Moorpark COOPERATIVE SERVICE AGREEMENT for Moorpark Country Days Parade 2024 THIS AGREEMENT, made and entered into this __________day of ___________, 2024, 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 2024 Moorpark Country Days Parade event (“Country Days Parade”), to be held on Saturday, October 5, 2024 on High Street in Moorpark; and WHEREAS, CITY has determined that the Country Days Parade 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 the Country Days Parade. 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 2024 Country Days Parade event unless terminated earlier as described herein. 2. Use of CITY Facilities ROTARY is permitted to use CITY properties including Moorpark Community Center at 799 Moorpark Avenue, Poindexter Park Parking Lot, for the event (“Property”). The parade shall take place on Poindexter Avenue, Moorpark Avenue, and High Street (collectively “Event Site”). Use of CITY Property is subject to the following terms. A. ROTARY shall not make any alterations, additions, or improvements upon the Property without the prior written consent of CITY. B. ROTARY accepts Property in its existing condition. Immediately preceding occupancy of the Property, ROTARY shall conduct a reasonable examination of the Property. ROTARY shall, upon knowledge or discovery thereof, immediately report problems with the Property to the CITY at (805) 517-6200. C. At the conclusion of the Country Days Parade, ROTARY shall ensure the Property is left in the same condition as received by ROTARY. ATTACHMENT 241 COUNTRY DAYS PARADE 2024 Page 2 of 10 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 the Country Days Parade 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 the Country Days Parade, 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 one thousand dollar ($1,000) deposit against said costs to CITY to be provided with this Agreement, but no later than September 20, 2024. 2. ROTARY agrees to provide a detailed financial statement to CITY for the Country Days Parade, including total income and expenditures, within ninety (90) calendar days of the event. C. PERMITS 1. ROTARY agrees to secure the following permits for the Country Days Parade, and pay any fees associated with said permits. a. A City of Moorpark encroachment permit. CITY shall waive fees associated with this permit. b. Ventura County Fire Protection District permits as required, including but not limited to permits for Places of Assembly and Temporary Structures. c. Metrolink permit to cross the railroad tracks including provision of required flagmen during the parade. 2. If event includes vendors or food sellers, ROTARY agrees to ensure that said 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. 242 COUNTRY DAYS PARADE 2024 Page 3 of 10 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. ROTARY shall provide a sufficient number of portable restroom facilities and hand wash stations for the Event Site. 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. Portable restroom facilities are to be placed outside of the City right-of-way. b. ROTARY shall submit a waste management plan to the CITY no later than September 20, 2024. 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 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. Country Days shall not resume until a hazards clearance has been issued by all of the above named agencies. e. 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 parade map and submit map to the CITY no later than ten (10) calendar days prior to the event date. The parade map must include the parade route, parade staging area, locations of portable restrooms and hand wash stations, 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. 243 COUNTRY DAYS PARADE 2024 Page 4 of 10 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. ROTARY shall mark locations for parade participants. 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. Police Command Post shall be located at the Event Site, as mutually agreed upon by CITY and ROTARY. ROTARY shall also waive parade entry fees for all CITY parade entries. 3. Equipment and Temporary Structures. a. ROTARY 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 ROTARY shall install approved fire extinguishers according to Ventura County Fire Protection District regulations. E. EVENT PLANNING AND OPERATION 1. ROTARY shall coordinate and manage all components of the Country Days parade, except those components specifically assigned to CITY as described in Section 4. ROTARY’s responsibilities include, but are not limited to: securing sponsors; securing parade entries; preparing and distributing 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. ROTARY must provide CITY with a written list of parade entries no less than ten (10) calendar days before the event. In all marketing and promotions, ROTARY shall recognize CITY as event co- sponsor. 2. ROTARY shall provide the appropriate number of staff and/or volunteers necessary to carry out the planning and operation of the event. 244 COUNTRY DAYS PARADE 2024 Page 5 of 10 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 the ROTARY 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. ROTARY 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 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 ROTARY 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. 245 COUNTRY DAYS PARADE 2024 Page 6 of 10 5. 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. 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 ROTARY. If traffic control equipment is required beyond what CITY can provide, ROTARY agrees to reimburse CITY for rental use of traffic control equipment, as described in Section 3.B.1. 2. CITY shall provide staff and police personnel through contract with Ventura County Sheriff, and/or volunteers to monitor the street closures. ROTARY agrees to also provide volunteers for street closures. 3. CITY shall provide adequate trash and recycle containers for the Event Site. 4. ROTARY shall maintain trash and recycle containers on High Street and Poindexter Avenue during the event and will provide event site clean-up of sidewalks and trash at the conclusion of the event. Trash dumpsters at the Moorpark Chamber of Commerce are allowed to be used for event trash 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 ROTARY. As feasible, CITY shall promote Country Days 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 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, 246 COUNTRY DAYS PARADE 2024 Page 7 of 10 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 Parade in the event there is a violation of a rule, condition, or law by The ROTARY, or in the event that Country Days Parade becomes 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, 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 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 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. 247 COUNTRY DAYS PARADE 2024 Page 8 of 10 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 Avenue, Suite 212 Moorpark CA 93021 Attn: President 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. 248 COUNTRY DAYS PARADE 2024 Page 9 of 10 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, President ATTEST: BY _________________________ Ky Spangler, City Clerk 249 COUNTRY DAYS PARADE 2024 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. 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. 250