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HomeMy WebLinkAboutD-4 Staff Report - Azusa Golden Days MOU Draft UpdateSCHEDULED ITEM D-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: JULY 15, 2019 SUBJECT: AZUSA GOLDEN DAYS MEMORANDUM OF UNDERSTANDING (MOU) DRAFT AND UPDATE BACKGROUND: On June 3, 2019 an update was presented to the City Council regarding the relationship between the City of Azusa and the Azusa Golden Days nonprofit. Together these entities have been supporting the Azusa Golden Days Celebration for decades. The first MOU between Azusa Golden Days and the City of Azusa was signed on June 1, 1969. The latest and most recent MOU was signed on September 6, 2005, which remains in effect until a revision is made. The 2019 celebration is scheduled from October 5- 13, 2019. Staff were directed by Council to review and update a MOU concerning this year’s festivities and a draft is presented for review. RECOMMENDATION: It is recommended that the City Council take the following actions: 1)Review and provide direction for staff regarding the draft Memorandum of Understanding with Azusa Golden Days, a California Nonprofit Organization. ANALYSIS: Since 1949, the City of Azusa has invested in the annual Azusa Golden Days Celebration. With the recommended action, Staff will make any necessary revisions to the MOU and will review any changes with the Azusa Golden Days board to facilitate the execution of a new MOU. As directed by Council in the past, this effort is intended to ensure that the City remains a good steward of public funds and to recommit appropriately to this longstanding tradition. The key items modified in the draft MOU for 2019 include the following and are included in Attachment 1. APPROVED CITY COUNCIL 7/15/2019 July 15, 2019 Page 2 • Referring to Azusa Golden Days (AGD) as the nonprofit entity, the official name • List of City facilities used – made more general so that other facilities may also be available or requested annually based on need • Added requirement of appropriate applications for facilities and permits be completed annually • Added requirement of City staff services to be identified and requested annually • Added the requirement of the submission of listing of events held annually; removed specific smaller events from MOU that no longer take place or may change annually • Clarified the makeup of the event planning committee, which is a collaboration of the AGD nonprofit and City staff, and also ensuring that meeting dates are agreed upon by both parties • Added to the MOU the option for the City Council to appoint a member on the Council as well as an alternate to serve as nonvoting liaison representatives to the event planning committee • Added a process for significant modification or cancellation of a major event of Golden Days • Key contacts and representatives will also be updated in the final draft. FISCAL IMPACT There is no fiscal impact associated with the recommended action. Prepared b y: Reviewed and Approved: Miki Carpenter Sergio Gonzalez Director of Community Resources City Manager Attachments: 1) Draft 2019 Memorandum of Understanding between Azusa Golden Days and City of Azusa. 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND AZUSA GOLDEN DAYS This Memorandum of Understanding (“MOU”) is entered into this day of _______________, 2019 by and between the City of Azusa, a California municipal corporation organized under the laws of the State of California (“City”) and Azusa Golden Days, a California nonprofit public benefit corporation (“AGD”). The City and AGD are sometimes individually referred to as “Party” and collectively as “Parties” throughout this MOU. RECITALS A.For more than 50 years, the City has participated in the annual Golden Days celebration to commemorate the era of the 1850s when the discovery of gold in the San Gabriel Canyon created a boom town for gold miners. B.Through the years, the annual Golden Days celebration has become the signature event for the City. C.AGD was incorporated in October 17, 1958 for the purpose of planning, sponsoring and presenting the annual Golden Days celebration for the City. D.In recognition of the long-standing tradition of the Golden Days celebration, the City and AGD desire to coordinate the planning and execution of this annual celebration to ensure that this event continues to be enjoyed by residents and visitors for many years to come. NOW, THEREFORE, the Parties understand and agree as follows: 1.Purpose The purpose of this MOU is to outline the agreed upon working relationship between the City and the AGD. The goal is to limit potential conflicts between the Parties and clarify the responsibilities of the Parties to improve the operations of the annual Golden Days celebration. The statements, policies and procedures outlined in this MOU are further designed to further protect the funds of the Parties. 2.Effective Date This MOU will become effective upon approval by the authorized Parties. The MOU will remain in effect until: (1) revisions are made to the MOU by the Attachment 1 2 City and AGD; or (2) the MOU is terminated by either the City or AGD upon thirty (30) days written notice to the other Party. 3. Responsibilities/Obligations 3.1 Responsibilities and Obligations of the City: 3.1.1 Facilities: City shall make City facilities available to the committee for the Golden Days celebration: facilities may include, but not limited to the Azusa Woman’s Club, Memorial Park, Memorial Park Recreation Center, and the Azusa Senior Center, during the period of Golden Days, to be determined each year. Facilities provided for this use shall require the appropriate applications through the Recreation Division that confirm dates and contact information for each event. 3.1.2 Waiver of Fees. City shall waive all facility fees and other applicable fees for City facilities and events for the Golden Days celebration, with appropriate approved applications and permits filed with the appropriate City Department. 3.1.3 In Kind Donations. City shall provide in-kind donation of services from the following departments/divisions that may include Azusa Police, Public Works, and Recreation Division staff support for the annual Golden Days celebration. Annually these services shall be requested and agreed upon by both parties as outlined in Section 5 below. The Recreation Division, once receiving the requested staffing donations, shall obtain final approval by each Department Head and the City Manager for review. 3.2 Responsibilities and Obligations of Azusa Golden Days: 3.2.1 Insurance. AGD shall be responsible for all necessary insurance coverage for the Golden Days celebration, including but not limited to general commercial liability insurance, in amounts satisfactory to the City. AGD and the City shall notify each other of any liability issues concerning the Golden Days celebration. 3.2.2 Indemnification. AGD agrees to protect, indemnify, defend and hold harmless the City, its elected officials, officers, members, agents, servants, employees, volunteers, successors and assigns, from and against any and all losses, claims, demands, liabilities, costs, damages, injuries and/or expenses, including, without limitation, any expense incident to the defense of the City, with respect to any action or claim for inj ury to persons or damage to property, or wrongful death, arising from or connection with the Golden Days celebration and/or the performance of this MOU. 3 3.3 Responsibilities and Obligations of both AGD and the City 3.3.1 Parade. The Recreation Division shall plan the Golden Days Parade route in coordination with AGD, the Chief of Police or his/her designee and any other City departments as necessary to ensure the safety of parade participants and the public. The Recreation Division shall designate the staging area for the parade and the commencement time of the parade, upon approval of the Chief of Police or his designee. A route map will be submitted indicating parade route and staging area. 3.3.2 Carnival and Concession Stands and/or Booths. AGD and the Recreation Division shall coordinate the layout for the carnival at Memorial Park for the annual Golden Days celebration. AGD shall coordinate the procurement of all necessary permits, fees and taxes required by the City for the concession stands and/or booths that will be operated during the annual Golden Days celebration. All vendors will be required to pay appropriate fees or obtain necessary permits for the operations. 3.3.3 5K/2K Run/Walk. The Recreation Division shall plan and carry out the Golden Days 5K/2K Run/Walk, including determining the Run/Walk route, in consultation with the Chief of Police or his/her designee. 3.3.4 Other Events. All events above and any additional events shall be reviewed and logistics agreed upon annually for the Golden Days celebration, by both AGD and the City. 4. Entire Agreement This MOU contains the entire agreement of the Parties with respect to the matters contained herein and supersedes all negotiations, prior discussions and preliminary agreements of understandings, either written or verbal. No waiver or modification of this MOU shall be binding unless consented to by both Parties in writing. 5. Cooperation and Further Acts The Parties agree to fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this MOU. An event planning committee consisting of members of the Parties, shall be the means to plan and execute the Golden Days celebration. Annually, by May 31, a list of events shall be provided to the City that includes any facilities requested for use, City staff needs for events, and application and permit fee waivers requested, so that these may be submitted for approval and budgeted for in the following fiscal year. 4 The meeting dates of the event planning committee shall be agreed upon by both AGD and the Recreation Division and shall include representation by those Parties. Additional City attendees shall attend as appropriate and may include representatives from Azusa Police Department of other City staff. Additionally, the City Council may appoint a representative to the event planning committee for the purposes of coordination and communication regarding the event. In the event of any unforeseen circumstances, including the need to significantly modify or cancel any event during Golden Days, the final determination of action shall be made by the City Man ager with any needed consultation with the Azusa Police Chief and/or other appropriate City staff and the officers of AGD. 6. Notices All notices shall be in writing, and either served personally or sent by United States Mail. For these purposes, the addresses for the Parties are as follows: As to City: As to Committee: City of Azusa Azusa Golden Days 213 E. Foothill Blvd. PO Box 244 Azusa, CA 91702-1295 Azusa, CA 91702 Attn: Attn: City Manager Board President 7. Incorporation of Recitals The Recitals are incorporated herein and made an operative part of this MOU. 8. Authority to Enter into MOU City and AGD warrant that they have all requisite power and authority to execute and perform this MOU. Each person executing this MOU on behalf of their party warrants that he or she has the legal power, right and authority to make this MOU and bind his or her respective party. 9. Governing Law This MOU shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 5 10. Invalidity and Severability If any portion of this MOU is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 11. Counterparts This MOU may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] 6 CITY OF AZUSA AZUSA GOLDEN DAYS _________________________________ ______________________________ City Manager Board President ATTEST: ___________________________________ City Clerk APPROVED AS TO FORM: ____________________________________ Best Best & Krieger LLP City Attorney