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HomeMy WebLinkAbout1994/08/16 Item 8 COUNCIL AGENDA STATEMENT Item~ Meeting Date 8/16/94 Resolution Ii" 15 approving a contract for the annual Symphony Pops concert and a fireworks finale, and entering into an indemnification agreement with the San Diego Unified Port District. Director of Parks and RecreaQ I I" / I ~ REVIEWED BY: City Manager /of. i) LJ (4/5ths Vote: Yes_NoX) The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego Symphony Pops Orchestra for a concert at Marina View Park on Sunday, August 21, 1994. ITEM TITLE: SUBMITTED BY: RECOMMENDATION: That Council adopt the resolution to: I. execute a contract with the San Diego Symphony 2. execute a contract with San Diego Fireworks 3. enter into an indemnification agreement with the San Diego Unified Port District 4. authorize the Mayor to execute said contracts and agreements BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The City is planning to host a San Diego Symphony Pops concert at Marina View Park on Sunday, August 21, 1994. The San Diego Symphony will perform for approximately 75 minutes on an outdoor stage located at the west end of Marina View Park. The concert will begin at 7:30 PM. This year's concert program is "Dancing to the Big Band Hit Parade." The Symphony will provide the stage, orchestra shell, and all necessary sound and lighting equipment for the concert. The contract with the San Diego Symphony is attached (Attachment A). The contract for the fireworks finale, which will be provided by San Diego Fireworks, Inc., is attached (Attachment B). Free shuttle bus service will be provided to and from the concert site via a designated public parking area at the bayfront and the "H" Street trolley station. Traffic and crowd control will be handled by regular duty police officers, and police reserve personnel. Promotion and advertising for the event is being handled by the City's Public Information Coordinator. Since the event is being conducted on Port District property, the City is required to complete the District's standard Tidelands Activity Permit, which includes indemnification language (Attachment C). There are two funding sources for this event. The San Diego Unified Port District has allocated $21,500 to defray the Symphony's contract performance costs, and $11,120 was allocated in the City's non- departmental budget to offset the costs of City staff, the fireworks display, and supplies and other services required to stage the concert. pupsal13.94 I ~./ Item ~ Meeting Date 8/16/94 Funding from the Port District will be available On a reimbursement basis again this year. This will necessitate that the City pay the full costs of the Symphony contract ($21,500), and then be reimbursed by the Port following the event. This will not create a financial hardship for the City, since funds exist in the appropriate account which will carry the concerts' expenses until the City is reimbursed by the Port District. An estimated breakdown of the event budget is attached (Attachment D). FISCAL IMPACT: $11,120 has been appropriated in the City's FY 94-95 non-departmental budget to offset the City's share of the event costs. The contract cost for the Symphony's perfonnance is $21,500. Both these amounts, totaling $32,620, will be encumbered and paid for from the non-departmental account. The account has a balance that will support the non-allocated Symphony costs until the Port District reimburses the City for the $21,500. No additional funding is required. Attachments: A - Contract - San Diego Symphony B - Contract - San Diego Fireworks, Inc. C - Tideland Activity Permit - Port District D - Event Budget NOTSCANNEJ) popsa1l3.94 2 ~"..l RESOLUTION NO. /7~/.s' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT FOR THE ANNUAL SYMPHONY POPS CONCERT AND A FIREWORKS FINALE, AND ENTERING INTO AN INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the city is planning to host the San Diego Symphony Pops concert at Marina View Park on Sunday, August 21, 1994; and WHEREAS, staff recommends that Council adopt the resolution authorizing the Mayor to execute a contract with the San Diego Symphony, San Diego Fireworks, Inc. and to enter into an indemnification agreement with the San Diego Unified Port District regarding conditions for the Port's funding of the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve and authorize the Mayor to execute Agreements between the San Diego Symphony Orchestra Association, and San Diego Fireworks, Inc. for a symphony concert at Marina View Park on Sunday, August 21, 1994, copies of which are on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the city Council approves and authorizes the Mayor to execute a Tidelands Activity Permit from the San Diego Unified Port District, a copiy of which is on file in the office of the city Clerk. Presented by Jess Valenzuela, Director of Parks and Recreation C:\rs\sYlIIphony d";r /f-tf A- AGREEMENT BETWEEN THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION AND THE CITY OF CHULA VISTA THIS AGREEMENT between the San Diego Symphony Orchestra Association, a not-for-profit corporation incorporated under the laws of the State of California (herein called the "Symphony"), and City of Chula Vista (herein called the "Presenter"). WITNESSETH: ]. ENGAGEMENT.]n consideration of the mutual promises herein set forth, the Symphony agrees to furnish and the Presenter agrees to hire the services of the San Diego Symphony Orchestra for one concert to be given on: Day of Week Sunday Date August 2], 1994 Hour 7:30 p.m. at: Name of Facility Marina View Park Address 800 Marina Parkway Chula Vista Except as otherwise specifically agreed to in writing, the selection of the program, "Big Band Hit Parade", any soloist, and other artistic personnel for each concert shall be at the sole discretion of the Symphony, and the mere consent of the Symphony to furnish particular music or other matter of persons (including the conductor) shall not be deemed a waiver or relinquishment of this power. 2. PAYMENT. The Presenter shall pay to the Symphony the amount of $2] ,500 (twenty-one thousand five hundred dollars). A deposit of$2,]50 (two thousand, one hundred fifty dollars) shall be required on execution of contract, leaving a balance due of $]9,350 (nineteen thousand three hundred fifty dollars. Payment for each concert shall be in lawful money of the United States by certified check on or before the day of the concert. On failure to pay, the total amount for all concerts shall then become due and owing. Time is of the essence to the provisions of this paragraph. 3. The SYMPHONY shall provide: SEE ADDENDUM A. PAGE 5 OF THIS CONTRACT 4. FAC]LlTlES. The Presenter shall provide at its expense the above named facility(ies) at the time(s) indicated. When required by the Symphony, the Presenter shall furnish, at its expense, one or two properly tuned concert grand pianos, as requested. SYMCONTR.94 ] ~.. f' tt - <.7<. All of the above shall be to the satisfaction of the Symphony, and shall also be provided for any daytime rehearsals requested by the Symphony prior to and for each concert. The Presenter, at its expense, shall furnish for performances all ticket sellers and takers, ushers, special police, attaches and other like personnel, any licenses and permits required, tickets of admission and programs, postage or express charges or printed matter, all other advertising costs, and shall bear all other expenses in connection with the giving of the concert, to include: SEE ADDENDUM A. PAGE 5 OF THIS CONTRACT The Presenter, at its expense, shall provide the Symphony for its library, Ten (10) copies ofthe program for each concert. 5. CREDITS, PROGRAM AND PUBLICITY. The Presenter agrees to display the name of the Orchestra, the conductor and any other principals in all advertising and printed programs in such form as may be prescribed by the Symphony, and to print and distribute house programs from copy furnished by the Symphony, said copy to be printed in its entirety as furnished. Advance proof of house programs shall be furnished the Symphony,not less than two weeks before the concert date for the Symphony's approval of page format and credits. The Presenter agrees to promote the concerts and to attempt to obtain an attendance in a number that the facility at which the performance will be held will reasonably accommodate. 6. RESTRICTION. The Presenter agrees that no concert(s) is(are) to be recorded, broadcast, televised or otherwise extended beyond the hall without the prior written consent of the Symphony. In the event that the Symphony wishes to have the concert(s) recorded, broadcast, televised or otherwise extended beyond the facility, the Presenter agrees to make the facility available for the installation, operation and removal of all necessary equipment and facilities. All costs relative thereto shall be borne by the Symphony. The Presenter shall not receive any fee, remuneration or compensation for any such extension of the concert(s). 7. NO DISCRIMINATION. The Presenter agrees that admission to and seating in the hall shall be without regard to race, color, religion or national origin. 8. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely at its discretion, as represented by the judgment and decision of its Music Director, Conductor or other authorized representative, to change the program of any concert at any time and for any reason, regardless of any advertisement, consent or promise of the Symphony, whether contained in Paragraph One hereof or otherwise by removing from the program any music or other matter to be presented and substituting therefor other music or matter, and by removing any person, including the Conductor of the concert, persons or group of persons, except the San Diego Symphony Orchestra itself, and either substituting therefor other person, persons or group of persons or none at all, and the Symphony's performance of the program as so changed shall be deemed full performance of its engagement and obligations, whether under Paragraph One hereof or otherwise, for the concert which would have otherwise been performed. 9. IMPOSSIBILITY OF PERFORMANCE. If the concert which is the subject matter of this agreement is prevented from occurring for any reason which is beyond the control of either of the parties such as an act of God, fire, illness or physical disability of a key performer, acts or regulations of public authorities or labor unions, labor difficulties, lock-out, strike, civil tumult, war, riot, power failure, air raid, or air raid alarm, act of a public enemy, interruption or delay of transportation service for SYMCONTR.94 2 8"'" V musicians, epidemic, ("Intervening Force"), the duties of the parties herein specified including the duty of Symphony to perform and the duty of Presenter to pay shall be suspended, each party to bear their own costs incurred in the preparation of the concert to the time of the Intervening Force. The deposit shall be forthwith returned. Then each of the parties shall agree to meet and confer for the purpose of rescheduling the performance or performances herein specified, and all reasonable effort will be made to reschedule the performance and to perform as herein specified. Upon reaching an agreement as to a re-performance, the deposit shall be paid back to the symphony. 10. EXCUSE FROM PERFORMANCE. The Symphony is not required to perform the concert or concerts as herein specified if the area, material and facilities as herein, or as required in Addendum A to be provided by Presenter have not been substantially provided. II. NOTICE. Any notice which is provided to be given under the terms of this agreement must be in writing and may be given personally or by registered mail, directed to the Symphony at 1245 Seventh Avenue, San Diego, CA 92101, and to the Presenter at its address as set forth below. Either party may, by like notice, designate a different address for the serving of notices. 12. MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. Failure of either party to insist in anyone or more instances upon strict performance of any of the terms and provisions on the other party's part to be performed, shall not be considered as a waiver or relinquishment of any such term or provision for the future, and the same shall continue in full force and effect. 13. HOLD HARMLESS/INSURANCE HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the City ofChula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Symphony or any of its officers, agents or employees. Presenter agrees to indemnify and hold harmless the Symphony against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the Symphony, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Presenter or any of its officers, agents or employees. INSURANCE: Symphony shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of Symphony, its agents and employees including but not limited to premises and automobile, with minimum coverage of Five Hundred Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance shall be submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. Presenter shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of Presenter, its agents and employees including but not limited to premises and automobile, with minimum coverage of Five Hundred Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate ofInsurance shall be submitted to the San Diego Symphony at 1245 Seventh Avenue, San SYMCONTR.94 3 8"7 r! -i Diego. Said policy or policies shall provide thirty (30) day written notice to the Symphony of cancellation or material change. 14. ASSIGNMENT. Each of the parties to this agreement are required to perform personal services to the other party. Therefore, this agreement shall not be assigned by either party to any other person, firm, association, organization, or entity without the prior written consent of the other party, which written consent may be withheld for any purpose whatsoever in the sole discretion of the party whose consent is required. 15. CONSTRUCTION. This Agreement shall be construed, governed, and interpreted pursuant to the laws of the State of California, and is a California Contract. This Agreement represents the full understanding between the parties, and neither party shall be bound by any terms or undertakings other than those contained therein. IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR BELOW WRITTEN. PRESENTER'S NAME: CITY OF CHULA VISTA THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION BY: BY: DAVID DORNE President TITLE 276 Fourth Avenue Chula Vista, CA 92010 PRESENTER'S ADDRESS DATED: 19_ DATED: 19_ SYMCONTR.94 4 8'''~ r/- :J Addendum to Contract: ADDENDUM "A" THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION Summer Pops Runoot Program Presenter agrees to provide the following for outdoor concerts: I. At least four (4) properly supplied restrooms, 2 marked women and 2 marked men, for the exclusive use of the Orchestra members, as required by the Symphony's Master Agreement. (Portable restrooms are acceptable. If portable restrooms are provided, then handiwipes shall be provided.) 2. ISO' x 70' smooth and level space adequate for set-up of concert shell. 3. 110/220 single phase electrical service with 100 amps per leg to be located within 100 feet from stage/shell. 4. Backstage security consisting of two (2) personnel beginning one hour prior to scheduled concert time and ending one-half hour after conclusion of concert. Symphony agrees to provide: I. One (I) performance of approximately 90 minutes duration. 2. Symphony Conductor and Program, to be determined by Symphony. 3. Equipment: a. San Diego Symphony Orchestra acoustical shell. b. Music stands and seating for the Orchestra. c. Overhead lighting for the Orchestra. d. San Diego Symphony Orchestra sound system for facilities with a seating capacity of up to 3,500. e. Stage platform. 4. Production crew to set up Orchestra equipment. ACCEPTED BY: City of Chula Vista LOCAL PRESENTING ORGANIZATION SIGNATURE DATED: 19_ TITLE SYMCONTR.94 5 (f" ~ / & -to I ..IS - I FIREWORKS DISPLAY AGREEMENT THIS AGREEMENT, entered into this day of August, 1994, by and between the City of Chula Vista, a California Municipal Corporation, hereinafter called "City", and San Diego Fireworks, Inc., a California Corporation, hereinafter called "Contractor", is made with reference to the following facts: WIT N E SSE T H: WHEREAS, City desires to provide a fireworks display at its Symphony Pops Concert to accompany a musical finale on August 21, 1994, and Contractor desires to furnish the fireworks display to said City; NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. SCOPE OF WORK. Contractor agrees to furnish to City, on August 21, 1994, at the west end of Marina View Park, in accordance with the terms and conditions hereinafter set forth, one (1) Fireworks Display as set forth in Program "A", attached hereto as Exhibit "A", incorporated herein and made a part hereof as though set forth in full, including the services of one (1) licensed pyrotechnician to take charge of and fire the Display with sufficient helpers. 1.1 City's Duty to Provide Suitable Site. City shall furnish and provide at their own expense a suitable site and location. Suitability of any proposed site is to be determined solely by Contractor. The operations of Contractor are considered complete when the crew and equipment of Contractor depart the site. 2. Cancellation by Contractor. In the event Contractor reasonably determines the weather conditions unfavorable on the date set for the display, City shall pay Contractor ten percent (10%) of the contract price as a restocking fee and costs incurred by Contractor for technician fees, custom set piece and logo design, permit and insurance. 3. Cancellation by City. Should City decide to cancel the display, notice shall be given to Contractor no later than nine o'clock A.M. on the day of the display. City shall pay Contractor ten percent (10%) of the contract price as a restocking fee and all costs incurred by Contractor including, but not limited to, technician fees, custom set piece and logo design, permit and insurance. symfire.94 1 8'''// D-~ 4. Postponement. In the event of cancellation by Contrac- tor as provided in Paragraph 2 herein, or cancellation by City as provided in paragraph 3 herein, City shall not be liable to pay Contractor ten percent (10%) of the contract price as a restocking fee or any costs incurred by Contractor if the City tenders to Contractor another date for the display prior to 9:00 A.M. on the day of the display. City shall be liable only for the expenses incurred by Contractor due to the postponement if the parties have agreed upon a postponement date, or the City has tendered a reasonable postponement date. 5. ASSUMPTION OF RISK FOR WEATHER RUINING EXHIBITS. City agrees to assume the risk of damage to the Exhibit by weather or other causes beyond the control of Contractor, which may affect or damage such portion of the exhibits as must be placed in position and exposed a necessary time before the scheduled commencement of the Display. By assuming said risk, City agrees to pay for Contractor's cost of said destroyed or ruined exhibits, unless the City is otherwise obligated to pay the Contractor the compensation required by this agreement. 6. DISPLAY PROTECTION. City shall provide adequate police or security service to prevent the public from entering the areas designated solely by the Contractor for the firing of the display and fallout. Any vehicles or vessels or personal property within these areas shall be removed at the expense of City. Any damage to personal property and injuries or death to persons remaining within these areas shall be the sole responsibility and liability of City. City shall indemnify, defend and hold harmless Contractor against such claims as provided in paragraph eight (8) herein. City shall also be responsible and liable for any damage or theft of equipment or materials of Contractor caused by the public. 7. INSURANCE. Contractor, shall, throughout the duration of this Agreement, maintain the following insurance coverage: 7.1 Commercial General Liability Insurance including Business automobile liability insurance in the amount of $1,000,000, combined single limit, which names the City of Chula Vista as additional insured and is primary to any insurance policy carried by the City. 7.2 Errors and omissions insurance in the amount of $250,000. symfire.94 2 ~'/~ ~) J 7.3. Statutory Worker's Compensation Insurance and Employer's Liability Insurance in the amount of $l,OOO,ooo. All policies shall be issued by a carrier that has a Best's Rating of "A", Class "V", or better or shall meet with the approval of the City's Risk Manager. Contractor will provide, prior to commencement of the services required under this Agreement, certificates of insurance for the coverage required in this sectioD, and, for Commercial General Liability Insurance, a policy endorsement for the City as additional insured; a policy endorsement stating the Contractor's insurance is primary and a policy endorsement stating that the limits of insurance apply separately to each project away from premises owned or rented by the Contractor. Certificates of insurance must also state that each policy may not be canceled without at least thirty (30) days written notice to the City. The provisions of this section are intended to be of benefit only to the City, and not for the advantage or benefit of any third party. The City shall have the sole right to insist upon or waive their performance without liability to any third party. 8. HOLD HARMLESS. 8.1 City's Indemnity. City shall indemnify, defend and hold Contractor harmless and the property of Contractor from and against any and all claims, losses, damages, suits, injuries and liabilities arising from the death or injury to any person or from damage to or destruction of any property, which arises out of, or is caused by an act, omission, negligence or misconduct on the part of City or any of City's elected officials, officers, agents, servants, employees, contractors, guests, invitees or licensees. The provisions of this section shall not apply to any claim or liability arising by reason of the sole negligence, gross negligence or willful misconduct of City. 8.2. Contractor's Indemnity. Contractor shall indemnify, defend and hold harmless City and the property of City from and against any and all claims, losses, damages, suits, injuries and liabilities arising from the death or injury to any person or from damage to or destruction of any property, which arises out of or is caused by an act, omission, negligence or misconduct on the part of Contractor or any of Contractor's officers, agents, servants, employees, contractors, guests, invitees or licensees. The provisions of this section shall not apply to any claim or symfire.94 3 ~a o / liability arising by reason of the sole negligence, gross negligence or willful misconduct of City. 9. COMPENSATION. City agrees to pay Contractor the sum of Two Thousand ($2,00.00) Dollars according to the following terms and conditions, due and payable as follows: Fifty (50%) percent deposit upon execution of this agreement, and the balance due ten (10) days after date of Display, plus one (1%) percent service charge on accounts over thirty (30) days past due. 10. ATTORNEY'S FEES AND COSTS. This contract shall be governed by the laws of the State of California. Should any legal action be brought to enforce or interpret the terms or provisions of this agreement, any court of competent jurisdiction located in the County of San Diego, California shall be proper venue for an action. If any legal action is brought to enforce or interpret the terms or provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which they may be entitled. 11. PARTIES INDEPENDENCE. It is further agreed that nothing in this Agreement shall be construed as forming a partnership, the Parties hereto being severally responsible for their own separate debts and obligations, and neither Party shall be held responsible for any agreements not stipulated in this Agreement. 12. NOTICE TO PARTIES. Any Notice to Parties required under this Agreement to be given to either party may be given by deposition in the United States mail, postage prepaid, first class, a notice addressed to the following: symfire.94 4 ~/~ 6-5 City: City of Chula Vista Attn: Beverly Authelet, City Clerk 276 Fourth Avenue Chula Vista, California 91910 Contractor: San Diego Fireworks, Inc. p.o. Box 900186 San Diego, CA 92190 13. SUCCESSORS. The terms, conditions and payments of this Agreement shall be binding upon the Parties themselves and on their heirs, executors, administrators, successors and assigns. 14. ENTIRE AGREEMENT All terms of this Agreement are in writing and may only be modified by written Agreement of the Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written agreement only. symfire.94 5 ~~ Ij~(p IN WITNESS WHEREOF the Parties hereto, by and through their duly authorized agents, have set their hands and seals as of the day and year first above written. City of Chula Vista, A Municipal Corporation. by: its Mayor ATTEST: Beverly Authelet, City Clerk (SEAL) APPROVED AS TO FORM: BRUCE M. BOOGAARD, City Attorney San Diego Fireworks, Inc., a California Corporation By David L. Bain, General Manager symfire.94 6 8',lv 8-7 BILL OF MATERIALS PREPARED FOR City of Chula Vista August 21, 1994 Program A AERIAL FIREWORKS DISPLAY: 20 3" Assorted Brilliant Color Aerial Shells 20 3" Assorted Fancy Pattern and Multiple Color Aerial Shells 15 3" Assorted Oriental Floral Pattern Aerial Shells 10 3" Assorted Special Effects Aerial Shells 5 3" Assorted Deluxe Special Effect Aerial Shells 10 4" Assorted Brilliant Color Aerial Shells 10 4" Assorted Fancy Pattern and Multiple Color Aerial Shells .5 4" Assorted Oriental Floral Pattern Aerial Shells ., 5 4" Assorted Special Effects Aerial Shells 8 5" Assorted Brilliant Color Aerial Shells 4 5" Assorted Fancy Pattern and Multiple Color Aerial Shells 2 5" Assorted Oriental Floral Pattern Aerial Shells 2 5" Assorted Special Effects Aerial Shells Page 1 If' /7 --- - 0-'3 BILL OF MATERIALS PREPARED FOR City of Chula Vista August 21, 1994 Program A , GRAND AERIAL FINALE: 30 10 1 3" Assorted Brilliant Color Aerial Finale Shells Assorted Brilliant Color Aerial Finale Shells Assorted Special Pattern Aerial Finale Shells 4" 6" Total Price of Display: $2,000.00. Total Shells in Display: 157 . Page 21/' ... / Y ... C-I SAN DIEGO UNIFIED PORT DISTRICT TIDELAND ACTIVITY PERMIT PERMITIEE: City of Chula Vista USE OR ACTIVITY: Symphony Pops Concert LOCATION FOR WHICH PERMIT ISSUED: Marina View Park EFFECTIVE DATES: AU9ust 21, 1994 SECURITY DEPOSIT: N/A THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Permittee shall comply with all applicable laws, rules and regulations of the District and other governmental entities. 2. Permittee shall keep the property and all equipment used In connection with this permit In a clean, safe and sanitary manner and In good repair at all times. All or any portion of the security deposit shall be available unconditionally to the District for the purpose of cleaning or repairing damages to the property upon termination of this permit. 3. This permit may be cancelled by either party by the giving of twenty-four (24) hours notice In writing to the other party. Such cancellation shall be without liability of any nature. 4. This permit shall not be transferred or assigned. 6. Permittee shall defend, Indemnify, and hold harmless Dlstrlct,lts officers and employees against all causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever .,.Ionglng, Including Permittee, or Injury to or death of any person or persons,lncludlng employees of Permittee, reSUlting directly or Indirectly from activities In connection with the Inuance and performance of this permit or arising from the use of the property, facilities or services of District, Its officers or employees. 8'-/9 L -"" 6. Permittee shall maintain comprehensive public liability (covering operations, products and completed operations) and blanket contractual coverage Insurance throughout the term of this permit. The policies shall. as . minimum, provide the following forms of coverage: $1 Million combined single limit (A) Personal Injury and Bodily Injury: One Person $ One Occurrence $ (8) Property Damage $ Certificates of such Insurance, In a form satisfactory to the District, shall be flied with District's Community Relations Department. Insurance certificates filed pursuant to this permit shall contain a non-cancellatlon-wlthout-notlce clause and shall provide that copies of cancellation notices shall be sent .to the District. 7. The rights and privileges extended by this permit are non-exclusive. 8. Permittee shall not engage In any activity on property of the District other than the activity for which this permit Is expressly Issued. 9. Permittee shall be subject to and comply with any special conditions attached hereto. 10. Permittee shall comply with all requirements and directives of the Port Director of District. 11. In the event of failure of Permittee to comply with any provision of this permit, this permit may, at the discretion of the Port Director, be terminated Immediately. SAN DIEGO UNIFIED PORT DISTRICT Approved: Permittee hereby accepts this permit and agrees to comply with all the terms and conditions thereof. Permittee's signature ~ Address: City of Chula Vista Parks and Recreation Department 276 Fourth AvpnllP rhlllrl Vi,trl rA Qlq1n Telephone: 691-5071 Contact: John Gates (2) 8'- .2.0 ~ c-.:; " CHECKLIST FOR THE USE OF TIDELAND PROPERTY Dale request received in CR Dept.: Please comDlete each Item below. 1. Sponsoring individual or group: City of Chula Vista 2. Address and telephone number of contact person: John Gates, Senior Recreation Supervisor City of Chula Vista Parks and Recreation Department 276 Fourth Ave. Chula vista, CA 91910 691-5071 3. What type of event is planned? Symphony Pops Concert 4. Where exactly on the bayfront? West end of Marina View Park 5. Day and date of event: Sunday, August 21, 1994 S. Time: Start 7:00 a.m. Finish 10:00 p.m. 7. Will traffic be affected? Traffic in the area will increase between 6:00 and 10:00 p.m. Chula Vista Police will coordinate traffic control B. How many persons expected to attend? 4,000 - 6,000 9. If large group, what security arrangements have been made? Chula Vista Police will coordinate crowd control 10. If commercial or catered event, do you have liability insurance coverag8'? N/A Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be canceled. 4/ll3 }t').J ~ SYMPHONY POPS CONCERT BUDGET Generator Rental Fireworks Promotions Portable Toilet Rental Shuttle Bus Service Traffic Control Equipment Rental Misc. Equipment (stakes, flag line, barrier tape, etc.) Police Services Electrician Services Parks & Recreation Staff - Recreation Supv II Recreation Leader Sr. Gardener Gardener II Gardener 1 Gardener 1 $ 650.00 2,000.00 3,000.00 800.00 700.00 200.00 175.00 1,700.00 320.00 390.00 595.00 175.00 155.00 135.00 125.00 TOTAL $11,120.00 popsbud,g,94 8~~~