Loading...
HomeMy WebLinkAbout2009/04/21 Item 4CITY COUNCIL AG~N®A ~1"ATE~N1' ~~~~~ C1iY OF ~--'~' CHULA VISTA APRIL 21, 2009, Item ~ gT~Iyj 'TI'T'LE; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 3, 2009 FROM 4 A.M. - 10:00 P.M. AND WANING THE BUS1iVESS LICENSE TAXES FOR THIl2D AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 9, 2009 FROM 4 A.M. - 10:00 P.M. AND WAIVING THE BUSINESS LICENSE TAXES FOR T`FI[ItD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIIATING IN THE EVENT ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND TH1RD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT SMM~TTED ~Y: DIRECTOR OF COM CATIONS I2EVTE~ET3 I3Y: CITY MANAGE 4/5'TI~S yLI'T`E: YES 1~i® SIJI1'IMTAI~Y The Third Avenue Village Association (TAVA) is requesting the closure of Third Avenue and portions of other sheets for two 2009 promotional events: ® Cinco de Mayo Celebration on May 3 o Lemon Festival on August 9 4-1 APRIL 21, 2009, Item Page 2 of 4 The Cinco De Mayo is an annual event. To operate the festival, the TAVA requests that Third Avenue be closed between "E" and "IP' streets from 4 a.m. - 10 p.m. on Sunday, May 3, 2009. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Lemon Festival is an annual event. The TAVA requests that Third Avenue be closed between "E" and "FP' streets from 4 a.m. - 10 p.m. on Sunday, August 9. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. ENVIR®NIVIENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the California Environmental Quality Act and has determined that the projects qualify for a Class 4 categorical exemption pursuant to Section 15304(e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. REC®MIVIEIVIDATI®N That the City Council adopt the resolutions: a) Approving closure of Third Avenue from "E" to "H" streets on May 3, 2009 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, and waiving business license tax for the TAVA and vendors taking part in the event. b) Approving the closure of Third Avenue from "E" to "H" streets and on August 9, 2009 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, and waiving business license taxes for the TAVA and vendors taking part in the event; c) Approving the agreement with the Third Avenue Village Association for Special Events 2009 and authorizing Mayor to execute said agreement. BaARIDS/C®lYIlVIISSI®N REC®IVII~IENIDATI®I~I Not Applicable I3ISCjJSSIiIN Mav 3,2009 - Cinco de Mavo Celebration The TAVA is requesting the following for the 2009 Cinco De Mayo: 1. The closure of Third Avenue between "E" and "H" streets on Sunday, May 3 2. A waiver of business license taxes for the TAVA and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAVA will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The TAVA is aware of this stipulation and will abide by it. The TAVA has requested that the business license tax for this promotional event be waived for this festival. The taxes involved include a $5 assessment to the sponsoring organization (TAVA) and a 4-2 APRIL 21, 20.09, Item Page 3 of 4 requirement that each vendor have a Chula Vista business license (costing $12.0 to each business without a current business license). In the past, the City has waived the business license tax pursuant to CVMC x.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista. 1n this case, the rationale for waiving the fee is the festival attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. The event includes food booths. These areas will be operated in accordance with the regulations of the San Diego County Health Department and City of Chula Vista Fire Department and Police Department. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. Auwst 9 2009 -Lemon Festival The TAVA is requesting the following for 2009 Lemon Festival: 3. The closure of Third Avenue between "E" and "H" streets Sunday, August 9, 2009 from 4 a.m. - 10 p.m.; and 4. A waiver of business license taxes forthe TAVA and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAVA will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system w~11 also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The TAVA is aware of this stipulation and will abide by it. The TAVA has requested that the business license tax for promotional events be waived for this festival. The taxes involved include a $~ assessment to the sponsoring organization (TAVA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past, the City has waived the business license ta.> pursuant to CVMC 5.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista_ In this case, the rationale for waiving the fee is the festival attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increasedsales tax revenue to the City. Waiving the business license tales will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. 4-3 APRIL 21, 2009, Item Page 4 of 4 This event includes food booths. -These areas will be operated in accordance with the regulations of the San Diego County Health Department and City of Chula Vista Fire Department and Police Department. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. AGREEll~NT Third Avenue Village Association and the City are entering into an Agreement for the Special Events 2009. The Agreement provides the City with indemnification for claims arising from the events. Additionally, it outlines the liability insurance requirements and duties of the Third Avenue Village Association governing the operation of the events. I~FCISI®N IVIAI{ER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject of this action. FISCAL Ti~ACT The TAVA has requested that the business license taxes be waived for the events. The tax involved is a fee of $5 to the sponsoring organization (TAVA) and a $12.50 tax for each participating vendor not currently having a Chula Vista business license. By waiving this tax, the City will forego approximately $500 in fees for each event. The TAVA is responsible for all other costs associated with the festivals. TAVA will be required to pay for the City services associated with producing the event. In order to make the festivals more affordable, the Police Departrnent has agreed to reduced their rates from Full Cost Recovery to OT + 20% like in 2008. The following are aQproximate costs provided by each department: Cinco De Mavo Lemon Festival PW Operations $1,950.00 $1,950.00 PW Streets $2,151.36 $2,151.36 Police $3,811.86 $3,811.86 PW Parks $598.54 $669.82 Total: $8,511.76 $8,583.04 ATTACI3IVIFNTS Group/Organization Waiver and Release of Liability c Duties of the Third Avenue Village Association for the Chula Vista Third Avenue Cinco De Mayo Celebration and the Chula Vista. Third Avenue Lemon Festival. Prepared by: Stephanie Kingston, Special Events Planner, Office of Communications 4-4 wri ~oF CHULA VISTA CRO~~/®RGAIVIZ~-TIO~ WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN CON E~~T ON OF approving the closure ofv71`G{ T' ~'G from ~ r. to '~ ~~~ on r ' " -y~• ~~' " through~~',~a9 and the use of the C~ijy nght-of--way for theGnGa e D ("Event"), the undersigned, on behalf of the I h Ord ~C. V ~/Qt~e ff~s~ • ("Organization/Group") does: 1. UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SIDE the City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in intecest may have for any LIABILITY, LOSS, DAMAGE, or INJURY, including liability for personal injury, death, dismemberment, damage to property, or theft, arising out of, related to, or in connection with•the above- referenced Event, whether caused or claimed to be caused by the active or passive negligent accts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARNII.,ESS the City from and against any and all liability, including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries, or payments for injury to any person or property, including injury to myself or members of the Organization/Group, its officers, employees, or agents, caused or claimed to be caused by the acts or.omissions of myself, the Organization/Group, its officers, employees, and agents arising out of, related to, or in any way connected with the above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by, the active or passive negligent acts or omissions of the City that may be in combination with the active or passive negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party. The duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or some willful misconduct of the City. 3. AGREE AND EXPRESSLY ACKNOLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect. 4. CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself. 5. CJNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City of Chula Vista is relying on my representation that I have the authorization to sign this documents and that I will provide all members of the Organization/Group a signed and executed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event. 6. CERTIFY that I have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written Agreement have been relied upon. /~ SIGNATURE: ~~ DATE: ~ ~~" NAME: . cs7Z~z/~ G~/~5/~S ORG/GROUP: J~~~ _ ADDRESS: ~ ' ""' "' - ~~ TITLE: /Tx~~///Gr ~f2c2T~~ (;~V C~- q ~ l~ Return completed Special 9=vent Application form, plus am/ additional attachments 8 information to: City of Chula Vista - Ofnce of Communications ®276 Fourth Avenue, Chula Vista CA 91910 ®Tel: 619-691-5296 Fax: 6191109-5448 Forms must be submitted at least 45 days prior to event start date. Incomplete forms will not be processed. 4-5 ~~f1/ Crrl' OF CHULAYISfA WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN CON ERATION approving the closure 8€!~' "' / ' ' fr/om_'_ ~~, „to ~~_ ~ r on ~ - throu • ~ d e u e ~ the Ci right -of--way for the ~-Ll'! /~ ~s V ("Event"), the ersigaed, on beha f o e iC~ P~ 5.51 . ("Organization/Group") does: 1. UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE the City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in interest may have for any LIABILITY, LOSS, DAMAGE, or INNRY, including liability for personal injury, death, dismemberment, damage to property, or theft, arising out of, related to, or in connection with the above- referenced Event, whether caused or claimed to be caused by the active or passive negligent accts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the City from and against any and all liability, including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries, or payments for injury to any person or property, including injury to myself or members of the Organization/Group, its officers, employees, or agents, caused or claimed to be caused by the acts or omissions of myself, the Organization/Group, its officers, employees, and agents arising out of related to, or in any way connected with the above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by, the active or passive negligent acts or omissions of the City that may be in combination with the active or passive negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party. The duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or some willful misconduct of the City. 3. AGREE AND EXPRESSLY ACKNOLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect. 4. CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself. 5. UNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City of Chula Vista is relying on my representation that I have the authorization to sign this documents and that I will provide all members of the Organization/Group a signed and executed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event. 6. CERTIFY that I have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written Agreement have been relied upon. ~~C/~ SIGNATURE: ~, 7 DATE: ~• N.AiME: ~/`Z~7/c%[~%~Ti ~ ORG/GROUP: / r ~~ / ~~. TITLE: C~Z,~,~~/li6s /~/~2'%v2 ADDRESS: ~ C~ ~~~~y y Ratum completed Special Event Application form, plus any additional attacfiments 8 information to: City of Chula Vista -Office of Communications sa 276 Fourth Avenue, Chula Vista CA 91910 ®Tel: 619-691-5296 Fax: 6191109-5448 Fours must 6e su6miited at (east 45 days prior to ~1ien,{ start date. Incomplete farms will not 6e processed. DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE CtNCO DE MAYO CELEBRATION ON MAY 3, 2009 The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2. The TAVA shall provide adequate litter control during and after the event as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will 'be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. The TAVA shall ensure that the alleyways between "E" Street and "H" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall- ensure that all food- . cooking vendors have a ZA10BC-type fire extinguisher readily available in their booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "H" Streets remain open to traffiic in order to meet the requirements of the Fire Marshal and the Transit Division. 7. The TAVA shall provide, 10 days prior to the Cinco de Mayo Celebration, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Cinco de Mayo Celebration activities in the street. 9. The TAVA shall ensure that the location of the food and beverage tents are approved by the Police and Fire Department at least 30 days prior to the event. 4-7 LEMON FESTIVAL DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 9, 2009 The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2. The TAVA shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that wilt be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos,.and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. In order to meet the requirement of the Fire Marshal, the TAVA shall ensure that the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall ensure that ail food-cooking vendors have a 2A10BC-type fire extinguisher readily available in their booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "H" Streets remain open to traffic in order to meet the requirements of the Fire Marshal and the Transit Division. 7. The TAVA shall provide, 10 days prior to the Lemon Festival, evidence of general liability insurance in the amount of ~S million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Lemon Festival activities in the street. 4-8 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE _ CITY OF CHULA VISTA APPROVii tG CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CINCO DE Iv1AY0 CELEBRATION ON MAY. 3, 2009 FROM 4:00 A.NI. - 10:00 P.M AND WAIVING BUSNi ESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Business Association (``TAVA"); and WHEREAS, the TAVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Cinco de Mayo Celebration on May 3, 2009 from 4:00 a.m. -10:00 p.m.; and WHEREAS, the TAVA has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TAVA and vendors participating in the 2009 Cinco de Mayo Celebration; and WHEREAS, the Council finds that the festival will help promote and publicize the City of Chula Vista throughout the region and will generate additional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 1~304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m. - 10:00 p.m. on May 3,.2009, for the purpose of the TAVA conducting the 2009 Cinco de Mayo Celebration. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista finds that the event meets all the necessary criteria for waiver identified in Chula Vista Municipal Code Section 5.04.085(A) and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participa May 3, 2009. ~~ h esented .A / ZP ~ 11 ~ Director of Communications 4-9 RESOLUTION NO.2009- RESOLUTION OF TIC CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE LEMON FESTNAL ON AUGUST 9, 2009 FROM 4:00 A.M. - 10:00 P.M. AND WANING BUSINESS LICENSE TAXES FOR THIRD AVENUE VII..LAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on.November lb, 1971, which created. the Third Avenue Village Business Association ("TAVA"); and WHEREAS, the TAVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Lemon Festival on August 9, 2009 from 4:00 a.m. - 10:00 p.m.; and WHEREAS, the TAVA has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TAVA and vendors participating in the 2009 Lemon festival; and WHEREAS, the Council fmds that the festival will provide positive publicity for the City throughout the region which will generate additional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m. - 10:00 p.m. on August 9, 2009; for the purpose of the TAVA conducting the 2009 Lemon Festival: BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista fmds that the event meets all the necessary criteria for waiver and approves the requested waiver of the City's Business License Tax for the Third Avenue V illage Association and all vendors participating in the 2009 Lemon Festival on August 9, 2009._ Pr~ ~. /~ L_i iz urs~lt Director of Communications 4-10 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association ("TAVA"); and WHEREAS, TAVA intends to hold a number of special events in the downtown area this year; and WHEREAS, the Agreement outlines the duties of TAVA for each of the Special Events planned for 2009; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Third Avenue Village Association for Special Events for 2009, a copy of which shall be kept on file in the office of the City Clerk. r~ ente Liz sell Director of Communications 4-11 THE ATTACHED AGREEMEN'T' HAS BEEN REVIEWED AND APPROVED AS TO FORvI BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL .BY THE CITY C(~UNCII,/) ~~ Dated: AGREP/1ME~I' BETWEEN THE CITY ~F CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS IN 2009 4-12 AGREElMENT .. Between the CITYOF CHULA VISTA, a California municipal corporation and THIRD AVENUE VILLAGE ASSOCIATION for SPECLAh EVENTS 1N 2009 Recitals A. The Third Avenue Village Association (TAVA) plans to stage two Special Events in 2009. B. These Special Events are the Cinco de Mayo Celebration, which will take place on May 3, 2009, and the Lemon Festival, which will take place on August 9, 2009. C, The TAVA wishes to close Third Avenue and portions of other streets for these two Special Events. Agreement 1. TAVA's Duties The TAVA shall perform each of the duties described in Attachments A and B, attached to this Agreement and incorporated into this Agreement by this reference. 2. Duties of the City City Communications Staff (Staff) shall work closely with TAVA to facilitate the planning and staging of each Special Event. Staff shall coordinate two meetings between various City Departments and the TAVA to discuss all logistics, requirements, concerns and issues of both the City and the TAVA. Staff shall promote each Special Event on the City's website. Staff shall create an emergency,contact list for each Special Event. 3. Term This Agreement is effective upon the execution of the Mayor and expires on December 31, 2009. 4. Termination of Agreement If the TAVA fails to fulfill,.in a timely and proper manner, any of TAVA's obligations or duties under this Agreement, or if the TAVA violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least five (~) days written notice to the TAVA of the termination before the effective date of the termination. 4-13 ~. Assignability The TAVA shall not assign or transfer any interest in this Agreement without prior written consent of City. 6. Independent Contractor The TAVA and any of the TAVA's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 7. Insurance The TAVA represents that it and its staff and agents employed by it in connection with the 2009 promotional events are protected against the risk of loss by the insurance coverage outlined in Attachments A and B, Duties of TAVA, including naming the City, it officials, officers, agents, employees and volunteer as additional insured. 8. Hold Harmless TAVA agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by TAVA Special Events ?Manager. 9. Notices All notices to be given pursuant to this Agreement must be in writing. All notices to be sent to any party shall be deemed to have been properly given or ser~~ed if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the parties. 10. Entire Agreement/Amendments This Agreement, together with Attachments A and B, the Group/Organization Waiver and Release of Liability, and any other written document referred to or contemplated in this Agreement embody the entire Agreement and understanding behveen the parties. Neither this Agreement nor any attachment or provision may be amended or modified except in writing executed by each party to the Agreement. 11. Capacity of Parties 4-14 Each sijnatory and parry to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Esecuted this day of , 2009 in the City of Chula Vista, California. TAVA CITY OF CHLZA VISTA By ~,o~~%`% By: Cheryl Cos, Nlayor Attest: Donna Norris, City Clerk Approved as to form by: Bart Miesfeld, City Attorney 4-15