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HomeMy WebLinkAboutCC 5 MISS T PAGEANT 01-05-87DATE: DECEMS£R 23, 1986 CONSENT CALENDAR NO. 5 1-5-87 Inter- Corn TO: ' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COI~4UNITY SERVICES DEPARTMENT 1987 MISS TUSTIN TALENT SHOW AND PAGEANT A~REEMENT RECOMMENDATIONS: Approve the agreement for the use of City facilities by the .Tustin Jaycees for the 1987 Miss Tustin Talent Show and Pageant and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: The Tustfn Jaycees volunteer their time and money to produce the Miss Tustin Talent Show and Pageant which selects a representative for the City of Tustin. Facilities and limited maintenance services are provided by the City as their contribution to the selection of Miss Tustin. The talent show and pageant are billed as a joint project and Mfss-Tustin serves as a City representative at many functions throughout the year. Approval of the agreement authorizes staff to waive fees for the use of the facility. The Miss Tusttn Talent Show and Pageant is a cooperative program which benefits both the City and the Jaycees. The City recognizes the tremendous contribution by the Jaycees and supports their efforts through the provision of facilities for the talent show and pageant. The attached written agreement formalizes the relationship between the Jaycees and the City. It clarifies and provides provisions for liability insurance and damage deposits. There are minor changes in the Agreement and the dates for facility use have been updated. The Agreement has been reviewed and approved by the City Attorney, Director of Community and Administrative Services and representatives of the Tustin Jaycees. Your approval of the Agreement will ensure the smooth presentation of the 1987 Miss Tustin Talent Show and Pageant. The Jaycees and the City look forward to another spectacular event in the Clifton C. Miller Community Center. Susan M. Jones Recreation Superintendent SMJ:sk Attachment Royleen A. White, Director Community A Administrative Services AGREEMENT THIS AGREEMENT made and entered into by and between CITY OF TUSTIN, a municipal corporation (hereinafter "Tustin") and TUSTIN JAYCEES (hereinafter "Jaycees"). RECITALS A. 3aycees desire to rehearse and to present the Miss Tusttn Talent Show and Pageant in the Clifton C. Miller Community Center (hereinafter "Community Center") in the City of Tustin. B. City is willing to provide certain facilities and other support to Jaycees. HOW, THEREFORE, the parties hereby agree as follows: 1. Jaycees agree to produce the Miss Tustin Talent Show and Pageant presentations in the Community Center at the dates and times set forth in the schedule attached hereto marked Exhibit "A" and incorporated herein by this reference. 2. Jaycees will produce the Miss Tustin Talent Show and Pageant at its sole cost and expense, with only such support and assistance by City as is provided expressly herein. 3. Jaycees will at its sole cost and expense provide for the Miss Tustin Talent Show and Pageant, publicity, promotion, public relations, sound system, programs, lighting, and all other required staff. 4. Jaycees will provide to City a schematic diagram of the seating arrangement it wishes, not less than five (5) days prior to the Miss Tustin Talent Show and Pageant as shown on Exhibit "A", to be set up by City's Maintenance Department in accordance with this diagram. {See attached.) 5. Lighting, sound systems and any other temporary alterations to the building proposed by Jaycees shall be submitted in writing to the Community Services Department of City not less than four (4) weeks prior to proposed installation and must each be approved in writing by City. Jaycees will not cause or permit any fixtures, nails, screws, any permanent changes, modifications or additions to the structure or anything which may cause defacement, destruction, damage or detriment to the structure unless previously approved in writing hy the Maintenance Department, and all such installations shall be in compliance wi th all applicable codes and requirements of the City. 6. City will not make keys available but will provide maintenance personnel who will open and close facilities in accordance with the schedule set forth in Exhibit "A". -1- 7. Jaycees understand and agree that neither Jaycees or any of frs representatlves nor any other person provided by Jaycees shall In any way be an employee of City as that term is defined in the California Labor Code. 8. Jaycees hereby agree to protect, defend, indemnify, and hold harmless City and its officers, agents, and employees from all loss, damages, liability, or claims resulting from, or arising out of the production and presentation by the Jaycees of the Miss Tusttn Talent Show and Miss Tustln Pageant, to the extent of the liability insurance coverage afforded to the Jaycees pursuant to fulfillment of the reautrements of Paragraph 18 of this Agreement. It is specifically understood that the City, its officers, agents, and e~loyees do not intend to, and will not, seek, or attempt to seek idemnity from any individual, or combination of individual, Jaycees officers, directors, or members pursuant to the provisions of this Agreement, save and except loss, damages, liability, or claims arising through the willful misconduct of individual Jaycee officers or directors or members. 9. Prior to use of any City facility, Jaycees aqree to deposit the sum of One Hundred Dollars ($100.00) with the City's Community Services Department. Upon the facilities being left in clean, undamaged and satisfactory condition, the deposit will be refunded to Jaycees. In the event the facilities are not left in a satisfactory, clean and undamaged condition, costs for repairing damage, performing clean up, replacing property, etc. will be deducted from this deposit. 10. The facilities to be provided by City are as shown on Exhibit "A" attached hereto. City Hall offices and eautpment therein will not be available for use. Jaycees will contactTusttn Unified School District directly to make application for school sites for rehearsals. 11. City will provide maintenance personnel to open and close the Community Center and Council Chambers as shown on Exhibit "A". In the event of any emergency, including a major storm, availability of City maintenance personnel may be altered. 12. City will provide assistance through its Maintenance Department for stage and ramp set-up and take down, chair set-up and removal as shown on Exhibit "A". Attached form is to be completed and returned with said agreement to expedite communication with the Maintenance ~epartment. 13. City's Community Services staff will have available applications for the Miss Tusttn Pageant. Provided, however, City will not be available or responsible to provide clerical assistance for Jaycees or to act as a message center or mail center for Jaycees or its members, agents or employees. 14. Jaycees may sell refreshments in the Community Center during the Miss Tusttn Pageant. Revenues and expenses for refreshment sales are not a part of this agreement and shall be the sole responsibility and property of Jaycees. Jaycee members will be responsible for obtaining any state -2- required permits and licenses, such as from the Alcoholic Beverage Control Department of the State of California, and will be responsible for handling all such sales, set up and clean up, and for all other aspects of any such sales. 15. This agreement sets forth the entire agreement of the parties and the parties understand and agree that there are no agreements, understandings or representations between the parties other than as set forth expressly herein and that no amendment or addition to this agreement or the subject matter hereof may be made, except in writing and signed on behalf of City by the Director of Con,unity and Administrative Services Department and by the authorized Pageant Chair from Jaycees. Additions and amendments to this Agreement may he made no less thao three (3) working days prior to a change. 16. Communication regarding this Agreement will he made by the authorized Pageant Chair, or by the Assistant Chair. 0nly those amendments brought forth by the above mentioned will be recognized for consideration. 17. City shall receive no other fees, including any fees for building or stage rental, alcoholic beverage fees, or maintenance fees as herein provided. 18. A Certificate of Liability and Insurance shall be filed with the City in the amount of $1,000,0OO (CSL) and will name the Tusttn Jaycees and the City as co-Insured. lg. Regarding liability and risks in using the ramp and stage, all participants shall be supervised at all times by Jaycees when using the Community Center for rehearsals and shows. 20. Jaycees shall contact Tustln Police Department for coordination of Explorer Scouts for Talent Show and Pageant. 21. The City of Tustin shall not provide storage for lights, sound equipment, or any other articles pertinent to the Miss Tusttn Pageant and Talent Show. All items relating to said Pageant and Show shall be removed from the premises within five (5) working days after the conclusion of the Pageant. 22. delivered and shall Notices to be given as provided in this agreement shall be personally or mailed by U.S. mail, postage prepaid, as follows be deemed effective when so mailed: TO C)TY: City of Tustin TO OAYC£ES: 300 Centennial Way Tustin, California 92680 Al-tN: Director of Community and Administrative Services TUSTIN JAYCEES P. 0. Rox 307 Tustin, CA 92680 ATTN*: Program Chair -3- IN WITNESS WHEREOF, the parties have executed and entered into this agreement on the ~ day of , 1986. TUSTIN JAYCEES CIl~f OF TUSTIN . DATED: BY: MAYOR BY: CITY CLERK -4- JANUARY: Wed. Thurs. Thurs. FERRUARY: Mort. Tues, Thurs. Wed. Thurs. Tues. Wed. Thurs. Fri. Sat. Sun. Mon. lllSTIN 4AYCEES: 7 7:00-9:00 pm 8:00-10:00 pm 29 8:00-10:00 pm 2 8:30-11:00 pm 3 8:00-11:00 pm 8:00-11:00 pm 7 1N-~ =m-11.nn .m 7 5:00-!!:00 pm 11 8:00-11:00 p.m. 12 8:00-11:00 pm 17 8:00-11:00 pm i8 8:00-11:00 pm 19 8:00-11:00 pm 20 6:00-11:00 pm 21 11:00 am-ll:O0 pm 21 Noon-ll:0O pm 22 9:00-11:00 am 23 by 9:00 am 1987 MISS llISTIN PAGEANT Council Chambers - Preliminaries Council Chambers - Preliminaries Council Chambers - Final Cut Community Center - stage set-up after 11:00 am Community Center Community Center CcmmJn!ty £cntcr - Cc~!ty £~t~r - T~!e~t She,:: Ccunc~! Chamber= - Talent Show Community Center Community Center Community Center - ran~ up after 11:00 am Community Center Community Center Community Center - Dress Rehearsal Community Center - Pageant Council Chambers - Pageant Community Center - clean-up/removal of items belonging to Jaycees Stage and ramp down Revised 7/22/86 TALENT SHOg STAGE IJud~qes Table 4 seats J L L (300+ Chairs) PAGEANT Orchestra' Area STAGE I I I I I I III '11 '1 I I I I I i,.I I I I 1 I t 1'I"1 I 1 I'1111111 I'II~II III'I'~IIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIII IIIII'IIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIIII R A M P I-I6 III1111t lis I'11111111 Bt s F'11'11111111 s I1"111111111111 ~ I11111'11t'I'1'I"'1"1 I"IIII1111tllli (465 chairs total) C'[TY OF TUST'[I( FIAII(I'ENA#CE DEPARTIq£BT POL~IC'IE:S REGARD~BG THE USE OF' THE CITY STAGE/BANDSTAND 1. Who may rent the stage/bandstand? As a public service to the community, the Ct ty of Tustin owns a stage that may be rented by residents or local civic and servlce groups for various events. However, the stage may only be erected withtn the Tusttn Ctty 11mits. The stage/bandstand may NOT be used for groups dancing or acrobatics. 2. What will it cost me to use the stage? The City does not charge a rental fee for the use of the stage. The only charge we ask you to pay is a flat fee for the City's labor tn assembling and dismantling the stage. The current flat rate depends upon the desired location of the stage: Outdoor Location -- $ 80.00 Indoor Location -- $100.00 This flat rate includes transportation of the stage to and from our warehouse, as well as its set up and removal. In addition to this flat rate, you will be asked to deposit $50.00 at the time of reserving the stage. The $50.00. deposit will be refunded to you upon the return of the stage in satisfactory condition, as determined by the City. 3. Can ! move or change the location of the stage once it has been set up? Once the stage has been erected, we request that you D0 NOT alter or move the configuration of the stage without the assistance and direction of our City employees. This will assure you of the safety and structural soundness of the stage through its proper assembly by knowledgeable City workers. 4. May I decorate the stage? You may decorate provided no nails, tacks or staples are used to fasten any material to the stage; to do so could cause forfeiture of your $50.00 deposit. Must ! e~loy City workers to erect and remove the stage? !t is not absolutely necessary, but we'do highly recommend the use of our City employees, as they are the ones most familiar with the equipment to ensure that it is properly assembled. !f you wish to set up the staqe using persons other than City employees, you must acquire liability insurance naming the City of Tusttn as an additional insured, and provide a copy of this insurance policy to the City prior to the use of the stage. Furthermore, the policy must state in writing that you agree to defend the City against any and all claims from persons claiming injury as a result of improper assembly, stage collapsement, or any other unsafe conditions existing due to the stage's set up by your people. The Insurance policy is on]y required if you DQ NOT use City employees to assemble and dismantle the stage. I have read and received a copy of the above stated policies regardfng the use of the City of Tusttn's stage, and agree to comply with the conditions set forth. Signature: Organization: Date: