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Home My WebLink AboutAGENDA REPORT 1986 0915 CC REG ITEM 10AMSTEM 1- 0_". JAMES D. WEAK STEVEN KUENY Mayor ,. City Manager THOMAS C. FERGUSON ♦ CHERYL J. KANE Mayor Pro Tern City Attorney ALBERT PRIETO O RICHARD MORTON Councilmember - Director of DANNY A. WOOLARD Community Councilmember ,�* Development LETA YANCY - SUTTON R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE City Clerk MEMORANDUM Chief of Police THOMAS P. GENOVESE City Treasurer TO: FR OM : DAT E : The Honorable City Council Thomas P. Genovese, Administrative Assistant 401, September 9, 1986 SUB J E C T : Moorpark Country Days Agreement RArKGRnTTND Pursuant to the action of the City Council at the September 2, 1986 City Council meeting staff has developed the necessary Agreement for the sponsorship of Country Days. The Agreement provides the same coordination of work efforts and responsibilities for the City as those in previous years. Through the City's acknowledgement of sponsorship of the event, the City will now be responsible for the insurance of the event. In addition to the agreement, a letter of intent to sponsor Moorpark County Days has been forwarded to the City's insurance broker. RECOMMENDATION: 1. Authorize the Mayor to execute the Agreement by and between the City of Moorpark and the Moorpark Chamber of Commerce for sponsorship of Moorpark Country Days. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 AGREEMENT FOR OPERATION OF MOORPARK COUNTRY DAYS THIS AGREEMENT is made and entered into this day of 1986 by and between the City of Moorpark, hereafter referred to as "City ", and the Moorpark Chamber of Commerce, a California non - profit corporation, hereinafter referred to as "Chamber ". WITNESSETH: WHEREAS, this agreement is entered into by and between City, and Chamber for the operation of Moorpark Country Days (hereinafter referred to as "Country Days "). NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Chamber shall coordinate all events to be conducted and provide the City a schedule indicating the types and times of all events, subject to approval by the City. 2. Chamber shall provide signage at all locations indicated and approved by the Sheriff's Department & coordinate and obtain the necessary permits from the agencies, including but not limited to Ventura County Health Department, California State Transportation Department, and Ventura County Builiding and Safety Department, for the operation of Country Days. 3. Chamber shall provide all the necessary labor for the operation of Country Days, including but not limited to: Set up and take down of rental barracades, signage, booths (where appliable), and other apparatus utilized in the operation of the events and parade. 4. Chamber shall meet all conditions set forth by Sheriff's Department as designated on the Attachment A. 5. Chamber shall provide all advertisement, publicity, mailing and coordination with business/ residents effected by the parade route and related activities/ events. 6. Chamber shall be responsible for all financial obligations for the operation of Country Days, except those specifically identified as the City's responsibility as contained in this agreement. 7. Chamber shall be entitled to all revenue /proceeds obtained in the operation of Country Days. 8. City shall provide all traffic control through utilization of the Sheriff's Department. 9• City shall provide the barracades necessary for proper traffic control (to be coordinated, set up and taken down by Chamber). 10. City shall provide street sweeping services after the event. 11. City shall provide insurance through sponsorship of the event for liability claims providing all conditions of this agreement have been met by the Chamber. 12. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, 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. 13. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that his 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. 14. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, not 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. Agreement shall not be amended in any way except by a writing expressly purporting to be such a amendment, signed and acknowledged by both parties hereto. 15. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to, this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its cost and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. 16. This agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement and /or otherwise of the terms, convenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. 17. This Agreement is made in two (2) duplicate originals and shall be effective from and after the date it is signed by the representatives of the City. The Agreement shall terminate on Tuesday, September 23, 1986. IN WITNESS WHEREOF, the parties herct-o have excuted this agreement as of the day and yea., first above written. MOORPARK CHAMBER OF COMMERCE CITY OF MOORPARK am ATTEST: City Clerk Mayor JAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: FR OM : DAT E : MOURFARK MEMORANDUM The Honorable City Council Thomas P. Genovese, Administrative 4�j September 11, 1986 SUB J E C T : Moorpark Country Days Agreement STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police After review of the AGREEMENT FOR OPERATION OF MOORPARK COUNTRY DAYS the Chamber of Commerce is unwilling to accept the Agreement unless the Chamber of Commerce is named as an additional insured. In checking with the City's Insurance Broker the City policy does not provide for the naming of agencies as additionally insured or co- insured. Recognizing that the intent is that the City be the primary and, in this case the only, agency for coverage, the City could include an indemnification to the Chamber of Commerce as an organization. It is standard to have a mutual hold harmless, however, because of the current situation and inability of the Chamber of Commerce to obtain insurance for the event, the City Council may wish to include the attached hold harmless as a supplement to the agreement. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864