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HomeMy WebLinkAboutD-1 Staff Report - OneLegacy Special EventCONSENT ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTORO OF ECONOMIC & COMMUNITY DEVELOPMENT DATE: APRIL 17, 2023 SUBJECT: CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION BY A5 EVENTS ON BEHALF OF ONELEGACY TO CONDUCT A ONE AND FIVE KILOMETER RUN-WALK FAMILY FESTIVAL IN CONJUNCTION WITH AZUSA PACIFIC UNIVERSITY AND ADOPT A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CERTAIN CITY OF AZUSA STREETS BACKGROUND: A5 Events, on behalf of OneLegacy, has applied for a Special Event Permit to hold the Donate Life 1k and 5K Run Walk on Saturday, April 29, 2023. OneLegacy has relocated its national headquarters from Downtown Los Angeles to the City of Azusa. It is a federally designated and regulated not-for-profit Organ Procurement Organization dedicated to saving lives through organ and tissue donation in the seven-county greater Los Angeles area. In celebration of their work in the medical field, OneLegacy sponsors the Donate Life 1K and 5K Run Walk within the City of Azusa. This is the second time they put on this event, and has the potential of attracting approximately 2,500 people to the City. RECOMMENDATIONS: Staff recommends the City Council take the following action: 1)Authorize the City Manager to execute the Special Event Permit Agreement for OneLegacy’s Donate Life 1K/5K Run Walk, operated by A5 Events, in a form acceptable to the City Attorney, on behalf of the City; 2)Authorize the City Manger to execute the Reimbursement Agreement for OneLegacy’s Donate Life 1K/5K Run Walk, operated by A5 Events, in a form acceptable to the City Attorney, on behalf of the City; and Approved City Council April 17, 2023 OneLegacy Special Event Permit April 17, 2023 Page 2 3) Adopt a Resolution No. 2023-C19 authorizing the closure of certain City of Azusa streets as discussed hereing for a limited time, in order to allow for the event to take place. ANALYSIS: On Saturday, April 29, 2023, OneLegacy will be hosting its second Donate Life 1K and 5K Run Walk in the City of Azusa. Previously, this event took place on June 4, 2022. The event will begin on the West Campus of Azusa Pacific University. Per their application, the event timeline is listed below: Set Up: 7:00 AM Walk/Run Time: 9:30 AM – 11:30 AM (After 11:30 AM all walkers will be moved to the sidewalks and obey all traffic laws and return to the venue) Wrap Up: 11:30 AM A map depicting the event route is provided below. The event will commence along the West Campus of Azusa Pacific University, then proceed North on Palm Drive, past the L Line grade separation, then proceed west along Ninth Street, before heading North and completing a loop through the Rosedale community within the Monrovia Nursery Specific Plan Area. A5 Events, which specializes in planning and management of these type of events have provided written notification to the residential areas affected by full or partial street closures, which is at-least 10 days prior to the event. OneLegacy Special Event Permit April 17, 2023 Page 3 This request includes a Resolution authorizing the temporary closure of certain streets and as indicated by location and times below: Street Closures: 1. Palm Dr. between East Promenade and E Foothill Blvd from 8:00AM to 11:30AM. 2. E 9th St. between Palm Dr. and Azusa Veterans Way from 8:00AM to 11:30AM. 3. Macneil Dr. between Rosendale Ave. and Azusa Veterans Way from 8:30AM to 10:30AM. 4. Azusa Veterans Way between Bougainvillea St. and E. 9th St. from 8:30AM to 11:30AM. 5. Lemon Swirl Dr. between Azusa Veterans Way and Ortuno Dr. from 8:30AM to 11AM. 6. Ortuno Dr. between Lemon Swirl Dr. and Boxwood Ln. from 8:30AM to 11AM. 7. Boxwood Ln. between Ortuno Dr. and E. Vosburg Dr. from 9AM to 11AM. 8. E Vosburg Dr. between Boxwood Ln. and Azusa Veterans Way from 9AM to 11AM. 9. E Promenade between Azusa Veterans Way and Rosedale Ave from 9AM to 11:30AM. One-way Street Closures: (one direction will be open to cars, but closed in opposite direction for runners): 1. Northbound Rosendale Ave. between E 9th St. and Macneil Dr. from 8:00AM to 11:30AM. Included herein, and attached to the Special Event Permit is an Agreement and Reimbursement Letter which details OneLegacy’s responsibility for all aspects of the event as well as an understanding of financial reimbursement for the City’s cost involved in covering the event. In summary, the applicant is seeking approval of a Special Event Permit, subject to Conditions of Approval set by the Police Department, Public Works Department, Planning Division and the Los Angeles County Fire Department. In the situation where there are may be slight changes to the proposed route or operations reviewed by City staff and/or Los Angeles County Fire Department, the applicant is requesting that they be allowed to revise the site plan and operation plans accordingly with the approval of involved City departments without returning to the City Council. FISCAL IMPACT: The applicant will deposit $5,000 into a trust account with the City at-least one week prior to the event date. The applicant has agreed to reimburse the City for any required personnel and administrative costs, as required by the Conditions of Approval and Reimbursement Letter. In addition, the applicant will be required to provide an insurance policy to insure the applicant against all liability incurred by them to the City or to any person, which liability arises pursuant to the agreement required by the City or arising from the conduct of the outdoor event. Finally, the applicant will be responsible to reimburse all owners and occupants of property along the race route for all damages of any kind to such owners or occupants or to their property caused by the applicant or by any person participating in the event, which damage would not have occurred had the outdoor event not been held, and have a policy of insurance against such risks. OneLegacy Special Event Permit April 17, 2023 Page 4 Prepared by: Reviewed and Approved: Knarik Vizcarra Jose D. Jimenez Interim Planning Manager Director of Economic & Community Development Fiscal Review by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Exhibits: A. Conditions of Approval B. Resolution for Street Closures C. Special Event Permit Agreement D. Reimbursement Letter Exhibit "A" Conditions of Approval Case No: Special Event Permit for Donate Life Run/Walk Address: Azusa Pacific University West Campus – Start/Finish Project: Special Event Permit for OneLegacy’s the Donate Life 1K/5K Run Walk 2023 by OneLegacy, operated by A5 Events. A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. The permit to allow a special event shall be exercised only for the April 29, 2023 set- up and event dates or said permit shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed “exercised” until the applicant has commenced preparation or operation of the use, for projects not requiring building permits. 2. The applicant shall deposit $5,000.00 into a reimbursement City trust account for any Planning Division, Building Division, Code Enforcement, Azusa Light & Water Department, Police Department or Public Works administrative fees. 3. The applicant shall implement the approved Traffic, Safety and Medical Plan as approved by the Public Works, Police and Fire Departments. 4. All applicable Police Department, Fire Department and Public Works requirements shall be met at all times. 5. All uses shall be in substantial conformance with the approved site plan and Conditions of Approval. 6. The applicant shall fully execute the Reimbursement Letter prior to the Special Event. 7. The applicant shall provide written notice to all residents affected by partial or complete road closures at least 10 days prior to the event. Notice shall include a contact number for a responsible person to address questions/concerns prior to and during the event. 8. Applicant shall provide and maintain several litter receptacles along the event route and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 9. Concrete trash cans or other removable enclosures that might be able to conceal explosive devices shall be removed by Azusa Public Works or applicant the day prior to the event. Trash cans should be replaced with cardboard or plastic trash cans. 10. The applicant shall reimburse all owners and occupants of property along the race route for all damages of any kind to such owners or occupants or to their property caused by the applicant or by any person participating in the event, which damage would not have occurred had the outdoor event not been held, and a policy of insurance against such risks. 11. The applicant shall provide an emergency communications system sufficient to meet the emergency requirements of the police and fire departments. Special Event Permit for Donate Life 1K/5K Run Walk 2023 on April 29, 2023 City Council Meeting April 17, 2023 Page 2 of 4 12. The applicant shall clear the event area of all litter, trash, debris, and event-related equipment and materials within 48 hours of the event’s completion. 13. After a hearing sufficient to allow the applicant to explain his conduct, the council may revoke, suspend or modify a permit for an outdoor festival where the applicant has violated this article or conditions of the permit. 11. The applicant shall coordinate with City Staff to provide the Event Command Center, equipment parking and race participant bag pick-up areas at the center. 12. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City is the prevailing party in any portion of such action or proceeding. 13. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorneys’ fees and other reasonable costs incurred by the City in defending such action or proceeding. 14. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 15. Any ch anges to the conditions listed above must be approved by the City Council. B. All requirements of the Police Department shall be met, including but not limited to the following: The following draft condition of approval shall be revised and modified, based on prepared and submitted traffic control plans for the proposed route and affected area: 1. Handicap accessibility shall be considered and implemented. All applicable A.D.A. guidelines shall be adhered to. 2. The event organizer shall provide the Azusa Police Department with the names, address and phone numbers of (2) two on-site responsible persons for the event. 3. The event organizer shall provide a list of contact numbers for all responsible parties that are involved with the special event (outside agency contacts, contract security supervisor, contract emergency vehicles and other involved parties). 4. The event organizer shall supply adequate proof of insurance to meet City requirements and an indemnification for the City, and the Police Department. 5. The event organizer shall also contact City of Azusa Human Resources Department on event employee staffing requirements. Special Event Permit for Donate Life 1K/5K Run Walk 2023 on April 29, 2023 City Council Meeting April 17, 2023 Page 3 of 4 6. A list of names of employees and volunteers shall be provided to the police department. 7. If an outside event security company is used for this event, these security guards shall be from a bona fide, fully licensed and bonded security company. The applicant shall provide proof of license and security company, prior to the event. 8. Due to concern regarding the limited amount of on-site parking, the applicant shall comply with all parking provisions and conditions set forth by the City’s Planning and Building Departments. 9. The event organizer will also follow all recommendations from the Traffic and T.L.O. Division of the Azusa Police Department. 10. Vendors and exhibitors will be required to obtain the requisite health, business license and fire permits. 11. Should there be any significant violent crimes or peace disturbances directly associated with the event, it is understood that the police department will have the right to immediately request the event be terminated. This decision would be made by the on-scene supervisor or watch commander. 12. The applicant shall adhere to the approved site plans and Conditions of Approval and shall reimburse the City of Azusa Police Department for any costs incurred in the preparation and implementation of the events, based on the following estimated personnel requirements. 13. The following estimated personnel requirements and costs may be modified or increased, prior to the event, at the discretion of the City of Azusa Police Department 14. Traffic control officers along the marathon route shall also act as TLO observers, monitoring the route for potential threats while maintaining a safe and secure event environment. This should be discussed during traffic control briefing. 15. Unless immediate action is necessary, any identified or reported suspicious activity will be reported to the Command Post for appropriate response. C. All requirements of the Fire Department shall be met, including but not limited to the following: 1. The applicant shall adhere to the approved site plans and Conditions of Approval and shall reimburse the City of Azusa and the Los Angeles County Fire Department for any costs incurred in the preparation and implementation of the event. 2. Before the event, the Applicant shall provide the Fire Department with all street closures and times to allow for alternate response routes for 911 responses throughout the area affected. D. All requirements of the Public Works Department shall be met, including but not limited to the following: 1. The applicant shall prepare and submit a traffic control plan for the proposed route and affected areas and obtain approval from the Director of Public Works. 2. The applicant shall soon after the event clean all trash and debris along the route. Special Event Permit for Donate Life 1K/5K Run Walk 2023 on April 29, 2023 City Council Meeting April 17, 2023 Page 4 of 4 3. The applicant shall adhere to the approved site plans and Conditions of Approval and shall reimburse the City of Azusa and the Department of Public Works for any costs incurred in the preparation and implementation of the event. RESOLUTION NO. 2023-C19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AUTHORIZING THE TEMPORARY CLOSURE OF CERTAIN CITY STREET TO ALLOW FOR THE ONE LEGACY LIFE RUN/WALK 5K AND 1K WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Chapter 88, of the Azusa Development Code, provides standards for the continuing orderly growth and development of the City that will assist in enhancing and maintaining distinct community identity, and contribute to the health and well-being of residents; and WHEREAS, OneLegacy is a federally designated and regulated not-for-profit Organ Procurement Organization dedicated to saving lives through organ and tissue donation in the seven-county greater Los Angeles area; and WHEREAS, OneLegacy relocated its national headquarters from Downtown Los Angeles to the City of Azusa; and WHEREAS, in celebration of their work in the medical field, OneLegacy is sponsoring their second Donate Life 1K and 5K Run Walk within the City of Azusa on Saturday April 29, 2023 from 7:00 AM to 11:30 AM; and WHEREAS, in conjunction with A5 Events, the team has met with the Police Department, Public Works Department, Planning Division and the Los Angeles County Fire Department and are willing to accept all conditions, including providing a deposit of $5,000; and WHEREAS, the applicant is requesting the closure of certain City of Azusa streets between the hours of 8:00 AM and 11:30AM on Saturday, April 29, 2023 to allow for this event. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa, California, does find and declare that: SECTION 1: Recitals. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein. SECTION 2: The street closures necessary for this event are as follows: Street Closures: 1. Palm Dr. between East Promenade and E Foothill Blvd from 8:00AM to 11:30AM. 2. E 9th St. between Palm Dr. and Azusa Veterans Way from 8:00AM to 11:30AM. 3. Macneil Dr. between Rosendale Ave. and Azusa Veterans Way from 8:30AM to 10:30AM. 4. Azusa Veterans Way between Bougainvillea St. and E. 9th St. from 8:30AM to 11:30AM.5. Lemon Swirl Dr. between Azusa Veterans Way and Ortuno Dr. from 8:30AM to 11AM. 6. Ortuno Dr. between Lemon Swirl Dr. and Boxwood Ln. from 8:30AM to 11AM. 7. Boxwood Ln. between Ortuno Dr. and E. Exhibit "B" Resolution No. 2023-CX for Street Closures Associated with Donate Life 1k and 5K Run Walk Page 2 of 2 Vosburg Dr. from 9AM to 11AM. 8. E Vosburg Dr. between Boxwood Ln. and Azusa Veterans Way from 9AM to 11AM. 9. E Promenade between Azusa Veterans Way and Rosedale Ave from 9AM to 11:30AM. One-way Street Closures: (one direction will be open to cars, but closed in opposite direction for runners): 1. Northbound Rosendale Ave. between E 9th St. and Macneil Dr. from 8:00AM to 11:30AM. SECTION 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. ADOPTED AND APPROVED the 17th day of April, 2023. _______________________________________________ Robert Gonzales Mayor ATTEST: _______________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 17th day of April, 2023, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _______________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM ___________________________________________ Best Best & Krieger, LLP City Attorney Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 1 of 8 CITY OF AZUSA AND ONELEGACY SPECIAL EVENT PERMIT AGREEMENT THIS SPECIAL EVENT PERMIT AGREEMENT (“Agreement”) is made this 3rd day of April, 2023 by and between the CITY OF AZUSA, a municipal corporation of the State of California, (hereinafter, “City”), and OneLegacy, a Non-Profit 501.C.3 (hereinafter, “Permittee”). City and Permittee are sometimes individually referred to herein as a “Party,” and collectively referred to herein as the “Parties”. RECITALS WHEREAS, Permittee is a federally designated and regulated not-for-profit Organ Procurement Organization dedicated to saving lives through organ and tissue donation in the seven-county greater Los Angeles area and has hired A5 Events, a professional race event organizer, promoter, and operator that is experienced in conducting such activities; and WHEREAS, On or about April 17, 2023, the City Council approved an application by Permittee to conduct a run/walk 1k and 5k footrace through the Azusa Pacific University campus West Campus, north on Palm Drive and loop through the Rosedale community (route as reviewed and approved by the City) and WHEREAS, City desires, under the conditions set forth herein, to permit Permittee to organize, promote, and operate OneLegacy’s Donate Life Run/Walk (hereinafter, “Athletic Events”) in the City. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE: SECTION I PERMIT 1.Permitted Activities. City grants to Permittee Special Event Permits to conduct the Athletic Events, which are subject to Permittee’s satisfaction of all the conditions imposed by the City (“Conditions”), as described in Exhibit “A”, and the “Traffic Control Plan and Medical Safety Plan” as described in Exhibit “B”. Exhibits “A” and “B” are attached hereto and incorporated herein by reference. Permittee shall use its best efforts to satisfy such conditions and plans to enable it to organize, promote, and operate the Athletic Events. 2.Application of Agreement. The terms of this Agreement shall be limited to the following scheduled Athletic Event on Saturday, June 4, 2022: Exhibit "C" Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 2 of 8 Set Up: 7:00 AM Walk Time: 9:30 AM – 11:30 AM Clean Up Starts: 11:00 AM Clean Up Ends/ Street Re-Opens: 12:00 PM After 11:30 AM all walkers will be moved to the sidewalks and obey all traffic laws and return to the venue SECTION II PERMITTEE’S OBLIGATIONS 1. Costs Related to the Athletic Events. Permittee shall be liable for all costs incurred by the City related to the Athletic Events, including, without limitation, police service, public works, parks and recreation, risk management and other services rendered by the City as deemed necessary and in the interest of public safety and in the best interests of the City as determined in the sole discretion of the City (“Event Costs”). The Event Costs for the Athletic Events shall be paid and deposited in full by the Permittee with the City Finance Department in cash, or other immediately available funds at least three (3) business days in advance of the day of the Athletic Events. In the event the actual Event Costs for the Athletic Events exceeds the sum deposited and paid by Permittee for the Athletic Events, the Permittee shall, within twenty four (24) hours following receipt of written notification from the City, deliver to the City Finance Department in cash or other immediately available funds such additional amounts as requested by the City, in its sole discretion, to compensate the City in full for the total actual Event Costs for the Athletic Events. In determining the Event Costs for the Athletic Events, the City shall consider information submitted by Permittee with respect to the Event Costs. Notwithstanding, the final determination with respect to the Event Costs shall be made by the City and such determination shall be final and binding on Permittee. 2. Non-Participation by City. The parties acknowledge and agree that the City is neither a participant in or a sponsor of any of the Athletic Events and that the Athletic Events are being conducted exclusively by Permittee. It is the intent and desire of the City to ensure that all individuals and entities, including, without limitation, the sponsors of the Athletic Events, each and every participant in the Athletic Events, all employees, contractors and agents of Permittee and the general public are clearly informed that the City is neither a participant in or a sponsor of the Athletic Events. Accordingly, Permittee represents, warrants and covenants that all publications relative to the Athletic Events, whether verbal or in writing, as well as all literature and documents relative to the Athletic Events, including, without limitation, advertising materials, license agreements, applications for participants as well as all subcontracts, shall contain clear and unambiguous language indicating the City is neither a participant in or a sponsor of the Athletic Events. Such notification shall be in all languages as are reasonably Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 3 of 8 sp necessary to notify all sponsors and participants. Further, the City shall have the right to review and approve, in its sole discretion, all publications pertaining to the Athletic Events, including, without limitation, advertising materials, license agreements, applications for participants as well as all subcontracts. 3. Indemnification. To the fullest extent permitted by law, Permittee shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Permittee, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. To the fullest extent permitted by law, Permittee shall defend, with counsel of City’s choosing and at Permittee’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by this Section that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Permittee shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Permittee shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Permittee shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Permittee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 4. Insurance. Without limiting Permittee’s indemnification of City, Permittee shall obtain and provide and maintain at its own expense to insure and cover the activities relative to the Athletic Events, policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be filed concurrently with the Parties’ execution of this Agreement. Said policies shall add as insureds the City, its elected officials, officers, employees, volunteers and agents for all liability arising from Permittee’s services as described herein. Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 4 of 8 A. Permittee shall provide to City, certificates of insurance with original endorsements, and copies of policies, with the following insurance, with A.M. Best’s rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law: (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $2,000,000 per occurrence and no less than $5,000,000 in the general aggregate, providing that OneLegacy’s Donate4Life 5K Run Walk shall each obtain its own policy and shall not be included as part of a larger umbrella policy. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) restrict coverage to “sole” liability of Permittee; or (4) contain any other exclusion contrary to the Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability will not be required because Brooksee does not have employees in California. However, proof of Workers Compensation Insurance covering the Nevada employee will be required.. B. All required policies shall be endorsed to provide the following: (1) Policies shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after Seventy-Two (72) Hours’ prior notice has been given in writing to City. (2) Policies shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Permittee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. (3) Policies shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 5 of 8 In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Permittee. City may cancel this Agreement in the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced. C. Permittee shall give to City prompt and timely notice of claim made or suit instituted arising out of Permittee’s activities hereunder. Permittee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Permittee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection relative to the conduct of the Athletic Events. 6. Performance Bond. Without limiting Permittee’s indemnification of City, Permittee shall obtain and provide and post with the City finance department, a performance bond in the sum of $20,000 for the Athletic Event to indemnify the City for the cost of responding to a breach of the obligations, requirements and conditions upon which the City may issue a permit to Permittee. Such bond shall be posted three (3) months prior to the event date. SECTION III REPRESENTATIONS, WARRANTIES AND COVENANTS 1. Representations, Warranties and Covenants. Permittee makes the following representations, warranties and covenants for the benefit of City and to induce the City to consider its application for a permit to conduct the Athletic Events, which representations, warranties and covenants shall survive the conduct of such events: A. The Athletic Events shall be conducted by Permittee and by individuals under its direct supervision. Permittee possesses the professional and technical personnel required to conduct the Athletic Events contemplated by this Agreement. B. Permittee shall designate A5 Events and/or OneLegacy designee, as its project manager and liaison with the City. C. The Athletic Events conducted by Permittee will conform to all applicable City, county, state, and federal law and requirements. D. All personnel engaged by Permittee in the conduct of the Athletic Events are fully qualified and are authorized or permitted under City, county, state and federal law to conduct such activities. Permittee has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required to conduct the Athletic Events (with the exception of Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 6 of 8 the permits from the City). Permittee shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. E. All appropriate actions have been taken by Permittee to authorize its entry into this Agreement and the performance of its terms. All individuals executing this Agreement on behalf of Permittee are authorized to execute this Agreement and all appropriate actions relative to such authorization have been taken. SECTION IV GENERAL PROVISIONS 1. Prohibition Against Transfers. Permittee shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 2. Termination. A. City may, by written notice to Permittee, terminate the whole, or any part, of this Agreement at any time and without cause by giving written notice to Permittee of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Permittee may not terminate this Agreement except for cause. B. In the event this Agreement is terminated, in whole or in part, as provided in paragraph A of this section, City may permit any other person or entity upon such terms, and in such manner as it may determine appropriate, to conduct the Athletic Events. 3. Notices. The persons and their address having authority to give and receive notices under this Agreement are as follows: City Permittee City of Azusa OneLegacy Jose D. Jimenez Prasad Garimella Director of Economic & Community Development CEO 213 E. Foothill Blvd. 221 S. Figueroa Street Azusa, CA 91702 Los Angeles, CA 90012 (626) 812-5200 213-819-2842 Any notices from either party to the other shall be given in writing to the attention of the persons listed above, or to other such addresses or addressees as may hereafter by designated in Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 7 of 8 writing for notices by either party to the other. Notice shall be given by certified, express, or registered mail, return receipt requested, and shall be effective as of the date of receipt indicated on the return receipt card. 4. Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 5. Entire Agreement. This Agreement contains the entire agreement between City and Permittee with respect to the subject matter hereof and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue shall be in Los Angeles County. 7. City Liaison. The City shall make available to Permittee a liaison on the City staff that shall be available for the coordination of the Athletic Events with Permittee. 8. Recitals. The recitals constitute a material part of this Agreement and are hereby incorporated herein by reference as though fully set forth hereat. 9. Binding Effect. The terms of this Agreement shall be binding on the successors and assigns of each party to this Agreement. 10. Invalidity and Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court or competent jurisdiction, the remaining provisions shall continue in full force and effect. 11. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppels, or otherwise. 12. Cooperation: Further Acts. The Parties shall 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 Agreement. 13. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute on original. Special Event Permit Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 8 of 8 IN WITNESS WHEREOF, the Parties hereby execute this Agreement effective upon the day and year first above written. CITY OF AZUSA ONELEGACY By: By: Sergio Gonzalez Prasad Garimella City Manager CEO Date: Date: ATTEST: APPROVED AS TO FORM: By: By:___________________________ Jeffrey Lawrence Cornejo Best Best & Krieger LLP City Clerk City Attorney Date: Date: Letter Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 1 of 4 APRIL17, 2023 ONELEGACY E’TIFFANY JONES PRODUCTION & EVENTS MANAGER 221 S. FIGUEROA STREET LOS ANGELES, CA 90012 Dear Prasad Garimella, Letter Agreement for Reimbursement of OneLegacy’s Donate Life Run/Walk: APU West Campus through Rosedale Community This letter shall be our Agreement (“Letter Agreement”) regarding the reimbursement of fees and costs of City personnel staff for the Police Department, Public Works Department and any other related City staff. The City staff will assist with the Special Event Permit for OneLegacy’s Donate Life Run/Walk beginning on Azusa Pacific University (APU) West campus, going north on Palm Drive, looping through part of the Rosedale residential community and finishing at the APU West campus. The Services provided by City staff will include but not limited to the following Departments to assist with the overall event and safety/traffic control measures: •Police Department •Public Works Department The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to providing assistance of the event and related traffic control measures, as well as any other out-of-pocket expenses incurred by the City ("Costs"). The City will provide itemized invoices for all City services provided. Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit a deposit in the amount of five-thousand ($5,000.00), which amount the City shall separately account for in a Project deposit account ("Deposit Account"). As the City invoices for fees, costs, and expenditures associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below three-thousand ($3,000.00), the City may make demand on Applicant to Exhibit "D" Letter Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 2 of 4 replenish the Deposit Account to five-thousand ($5,000.00) and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications and any future applications. City shall not exceed a reasonable cost without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the reasonable costs ("Excess Costs"). The City shall use reasonably good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account. The City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants. The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City. The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants. Letter Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 3 of 4 Applicant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Applicant hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [SIGNATURES ON NEXT PAGE] Letter Agreement – OneLegacy’s Donate Life Run/Walk – April 29, 2023 City Council Meeting – April 17, 2023 Page 4 of 4 CITY OF AZUSA ONELEGACY By: By: Sergio Gonzalez Prasad Garimella City Manager OneLegacy Date: Date: ATTEST: APPROVED AS TO FORM: By: By:___________________________ Jeffrey Lawrence Cornejo Best Best & Krieger LLP City Clerk City Attorney Date: Date: