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Home My WebLink AboutCC 5 MISS TUSTIN PAG 11-18-85A... = . ~m. m ~ CONSENT CALENDAR ~ ~%,.~, , NO. 5 DATE: November 4, 1985 TO: FROM: S U BJ ECT: William A. Huston, City Manager Susan M. Jones, Recreation Superintendent 1986 MISS TUSTIN TALENT SHOW AND PAGEANT AGREEMENT RECOMMENDATIONS: Approve the agreement for the use of City facilities by the Tustin Jaycees for the 1986 Miss Tustin Talent Show and Pageant and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: The Tustin Jaycees volunteer their time and money to produce the Miss Tustin Talent Show and Pageant which selects a representative for the City of Tusttn. 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 Miss Tusttn serves as a City representative at many functions throughout the year. The Miss Tustln 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. The Agreement is identical to the contract used for last years talent show and pageant except that 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 1986 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 SJ:sk Attachment AGREEMENT THIS AGREEMENT made and entered into by and between CITY OF TUSTIN, a municipal corporation {hereinafter "Tusttn") and TUSTIN JAYCEES (hereinafter "Jaycees"). RECITALS A. Jaycees 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. NOW, 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 Tustln 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. 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 by the Maintenance Department, and all such installations shall be in compliance with 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 its representatives nor any other person provtded 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 Tustin Talent Show and Miss Tustin Pageant, to the extent of the liability insurance coverage afforded to the Jaycees pursuant to fulfillment of the requirements of Paragraph 18 of this Agreement. It is specifically understood that the City, its officers, agents, and employees do not intend to, and will not, seek, or attempt to seek tdemntty 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. g. Prior to use of any City facility, 3aycees agree to deposit the sum of One Hundred Oollars ($100.00) with the City's Co,m,untty Services Oepartment. 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 equipment therein will not be available for use. 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". 13. City's Community Services staff will have available applications for the Miss Tustin 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 Tustin 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 required permits and licenses, such as from the Alcoholic Reverage Control Department of the State of California, and will be responsible for handling -2- 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 Community and Administrative Services Department and by the authorized Pageant Chair from Jaycees. Additions and amendments to this Agreement may be made no less than three (3) working days prior to a change. 16. Communication regarding this Agreement will be made by the authorized Pageant Chair, or by the Assistant Chair. Only 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 $1,000,000 (CSL) and will name the Tustin Jaycees and the City as co-insured. 19. 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. 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 CITY: City of Tustin TO JAYCEES: 300 Centennial Way Tustin, California 92680 Al'TN: Director of Community and Administrative Services TUSTIN JAYCEES P. O. Box 307 Tusttn, CA 92680 ATTN: Program Chair IN WITNESS WHEREOF, the parties have executed and entered into this agreement on the ~ day of [~5 ~1/, , 1985. TUSTIN JAYCEES CITY OF TUSTIN BY: BY: -3- llJSl"IN JAYCEES: 1986 MISS llJSTXN PAGEANT Exhibit "A" JANUARY: FEBRUARY: 8 7:00-9:00 pm 9 8:00-10:00 pm 3 8:30-11:00 pm 4 8:45-11:00 pm 5 8:30-11:00 pm 7 6:00-11:00 pm 8 10:00 am-ll:O0 pm 8 5:00-11:00 pm 9 10:00 am-l:O0 pm Community in 1985) 10 8:30-11:00 pm Community 12 8:30-11:00 pm Co,,m~ntty 18 7:00-11:00 pm Community 19 7:00-11:00 pm Community 20 7:00-11:00 pm Community 21 6:00-11:00 pm Community 22 11:00 am-11:00 pm 22 Noon-11:00 pm 23 9:00-11:00 am 24 by 9:00 am Council Chambers - Preliminaries Community Center - Preliminaries Community Center - stage set-up after 11:00 am Community Center Co,,.,~nity Center Community Center - Dress Rehearsal Community Center - Talent Show Council Chambers - Talent Show Center- Queen's Tea (cancelled Center Center Center - ramp up after 11:00 am Center - if requested Center Center - Dress Rehearsal Community Center - Pageant Council Chambers - Pageant Community Center - clean-up Stage and ramp down Five dates are to be requested for Tustin Memorial School. Tustin Memorial School 12712 Browning Avenue Santa Ana, CA 92706